Determining Legal Responsibility for a Motorcycle Accident

West Chester, Mason, and Cincinnati Ohio

Motorcycle accidents, like all traffic accidents, generally happen because someone was careless -- or "negligent." The law applies a basic rule: If one person involved in an accident was less careful than another, the less careful one must pay for at least a portion of the damages suffered by the more careful one. Legal responsibility, or "liability," for almost all accidents is determined by this rule, and by one or more of the following simple propositions:

  • If the injured person was also careless, such as through the failure to observe certain traffic laws, his or her compensation may be reduced by the extent such carelessness caused the accident. This is known as "comparative negligence."
  • If a negligent person causes an accident while working for someone else, his or her employer may also be legally responsible for the accident. This issue can arise, for example, when a delivery van strikes a motorcycle.

Finding an Attorney

If you or a loved one has been injured in an accident while riding a motorcycle, the most important step in your legal recovery is to meet with a skilled attorney to discuss your situation. Issues in your potential claim, including compliance with traffic laws, motor vehicle regulations, medical treatment issues, and liability determinations, all require the expertise of an attorney who is experienced in the area of motorcycle accident liability. In light of legal deadlines for filing injury claims, meeting with an attorney to evaluate your case as soon as possible is highly recommended.