Motorcycle Accident Fault

Joe · Jul 28, 2012

I was just driving by a guy on a motor cycle. He had gym shorts on a t-shirt and sunglasses to protect his eyes; Florida law says you don't have to wear a helmet. He was driving a normal pace of 65 mph on the highway, inline with all the cars on that road.

I was thinking, if I had been in a normal accident with a car where I switch lanes and slight tap to the car next to me.. $500 in damage; but for him since he's on a motorcycle he looses his life. What liability do I have? If the guy was in a car he would be fine, but now because of his choice of vehicle he would no longer be with us?

William Rennick · Jul 28, 2012

Great point Joe, and that's the problem with 2 wheelers..One mistake and you're skidding across the pavement..

Banjo · Jul 28, 2012

That's why people need an " umbrella" ins. policy.

http://en.wikipedia.org/wiki/Umbrella_insurance

Eight · Jul 28, 2012

Big insurance policies draw lawsuits.

mrbill · Jul 28, 2012

Quote from Joe:

I was just driving by a guy on a motor cycle. He had gym shorts on a t-shirt and sunglasses to protect his eyes; Florida law says you don't have to wear a helmet. He was driving a normal pace of 65 mph on the highway, inline with all the cars on that road.

I was thinking, if I had been in a normal accident with a car where I switch lanes and slight tap to the car next to me.. $500 in damage; but for him since he's on a motorcycle he looses his life. What liability do I have? If the guy was in a car he would be fine, but now because of his choice of vehicle he would no longer be with us?

So, more gov't intervention? Nanny state should make him dress properly? Or should take personal responsibility, like dressing correctly, paying for health insurance, or pay a fine for not doing so.

As a motorcycle rider, I prefer personal responsibility. As far as your legal liability, pretty tough call. Ban motorcycles? Ban bad drivers?

A big can of worms, good questions.

r-in · Jul 28, 2012

I now wear my coat, at least jeans, and helmet all the time. The reality is I am still much more exposed and I know it. I have talked with my wife about various things not directly related to bike/ car collission, but to me it comes down to if it is an accident for me all I would ask is that your insurance cover medical bills and rehab, and not looking at getting rich hitting you up for as much as I can get. Alos, if it was my fault I would be inclined to admit fault. At the same time if you are drunk, texting, or otherwise being a dumb ass then I might say I'd look to make you think again the next time you get behind the wheel.
I was in my car with my youngest today and had a guy blow a stop sign as I was entering the intersection. I was able to swerve and brake, and was lucky no one was behind me. If that guy had drilled me, and hurt my kid, then there would be a major problem. If there had been a guy behind me and he ran into me, I wouldn't be looking to go after him. He was dealing with the same situation I was at no fault of his own.
You have to remember that insurance companies and cops assign blame, and most likely the other person will get some part of fault, unless you are drunk etc.. I have to question your statement about a normal accident. Not sure what that means as I can't say I've seen people regularly swerving out of lanes and side swiping people. What about driving down a city or subdivision street, do you tend to wander from lanes and hit bicyclists and pedesterians?

trendo · Jul 28, 2012

Quote from Joe:

I was thinking, if I had been in a normal accident with a car where I switch lanes and slight tap to the car next to me.. $500 in damage; but for him since he's on a motorcycle he looses his life.

Would you argue that your liability should be limited to $500?

peilthetraveler · Jul 28, 2012

Just a few years ago my mom hit an 80 year old man riding a motorcycle. Just bumped him and he fell off. Luckily she was only going about 20 mph and he wasnt going much faster (as far as I know) So he wasnt hurt,but decided he wanted an ambulance, then sued us for $100,000.

Of course he didnt get that. I believe he got around the $7k-$8k range or so which the insurance company paid it all. Personally, I think the guy pulled out of a driveway,trying to get hit so he could get some money, but I dont know for sure.

LEAPup · Jul 28, 2012

I'd be scared to death to ride a motorcycle in FL.

Nanook · Jul 29, 2012

Quote from Joe:

...but for him since he's on a motorcycle he looses his life. ...

I personally know 3 guys who were in 3 separate motorcycle accidents:
1 guy lost his leg at the hip (he hit some gravel on a cloverleaf);
2 guys lost their leg below the knee (one was 19 years young).