Motorcycle Accident Laws

Victims of motorcycle accidents may be able to receive compensation for both economic and non-economic damages. Economic damages include measurable losses like medical bills and lost wages, while non-economic damages, such as pain and suffering, can be more difficult to prove.

An experienced attorney can help you navigate the complexities of motorcycle accident laws, insurance issues, and other legal requirements. Duluth Motorcycle Accident Lawyer can ensure you don’t get cheated out of the full amount of your damages.

1. Duty of care

When you suffer severe injuries in a motorcycle accident, you are likely entitled to compensation from the careless party. However, obtaining this money requires that you demonstrate four elements: duty of care, breach of duty, causation, and damages. A Buzbee personal injury lawyer can help you establish these elements to get the compensation you deserve.

Every driver owes a duty of care to other drivers on the road. This means that the other driver must drive in a way that does not place you in danger, and they must obey traffic laws. Failure to do so is negligence, and it can lead to a motorcycle accident that causes you to sustain serious injuries.

To prove that the at-fault party breached their duty of care, your lawyer will first have to establish that they acted recklessly or negligently by failing to follow the rules of the road. This can be an act of commission, like speeding or driving while intoxicated, or an act of omission, such as turning on the radio before hitting a motorcyclist. Your lawyer must then show that the at-fault driver’s breach of duty directly caused your injuries. This can be done by establishing that their actions were the proximate cause of your accident, or by linking their actions to your injury, such as medical bills, lost wages, and noneconomic damages such as pain and suffering and physical impairment.

Other parties may be liable for a motorcycle accident, including the manufacturer of a defective motorcycle part, a repair shop that did not properly maintain your bike, or a road construction company that failed to ensure that the roadway was safe for motorcyclists. In cases that involve multiple parties, determining fault can become more complicated, especially when states employ comparative negligence standards.

Determining liability in a motorcycle accident can be difficult, but your legal team will work hard to compile evidence that supports your claim. We will also consult with medical experts to assess your injuries and determine the amount of compensation you are owed. Your lawyer will then submit this information to the insurance provider or to the court for a settlement.

2. Comparative fault

The determination of fault is an essential element of a motorcycle accident claim. The courts rely on evidence to assess the actions of both parties, including police reports, medical examinations, eyewitness statements, and traffic cameras. These factors help to establish whether or not a party breached their duty of care and caused the accident. The comparative fault principle is a critical legal factor in this process. It allows injured motorcyclists to recover compensation even if they are partially responsible for an accident.

To determine how much of the blame a party should take, jurors consider their contribution to the accident. For example, if a jury determines that Abby was 30% responsible for her accident with Brian, she would receive her damages award minus that percentage of fault. In this case, Abby’s injuries were worth $100,000, so her award would be reduced by $30,000.

However, it is important to note that comparative fault can reduce a person’s total damages. Moreover, some states follow a modified version of the principle, which only permits an injured motorcyclist to recover compensation if they are less than 50% at fault for the accident.

Determining comparative fault requires a thorough investigation of the accident and careful consideration of a variety of factors. A skilled motorcycle accident lawyer can use these findings to create a compelling case for minimizing your fault percentage.

Negligence in a motorcycle accident can lead to serious injury. Damages in these cases can include property damage to the bike and other personal items, lost wages from missing work, medical expenses, and pain and suffering. These damages can be substantial, especially for a victim who has suffered permanent or disfiguring injuries.

Unfortunately, motorcyclists sometimes face unfair bias in these cases. Due to the popular depiction of motorcyclists as renegades and rebellious thrill-seekers, it is not uncommon for people to assume that riders are dangerous or reckless. This can affect their ability to get fair compensation.

3. Helmet laws

As any motorcyclist knows, riding a motorcycle presents several risks. In addition to being at greater risk of fatal injury than occupants of passenger vehicles, riders are also more likely to sustain severe injuries. That is why the State of New York has enacted laws that require all motorcyclists to wear helmets. Failure to comply with these laws could adversely impact any personal injury lawsuit a rider may pursue.

In fact, studies have shown that states with universal helmet laws have lower rates of head injuries and death than those without such laws. Specifically, one study examined the head injuries sustained by motorcycle crash victims and found that unhelmeted riders were nearly three times more likely to suffer severe, life-threatening head injuries than those who wore a helmet. This is especially true in low-speed crashes where the majority of motorcyclists are injured.

Another study evaluated hospital discharge data comparing the 2 year period before and after a universal helmet law was passed in Barcelona, Spain. The results showed a significant decrease in the number of traumatic brain injuries, including subdural and epidural hematomas, that were diagnosed following the law’s implementation. The study concluded that the reduction in traumatic brain injury hospital admissions was directly linked to the helmet law and that approximately 35 lives were saved during the first two years of the law’s application.

A third study evaluated medical data from 33 states and compared the motorcycle fatality rate in those that did and didn’t have universal helmet laws, controlling for other factors, including minimum legal drinking age, road quality, percentage of rural roads, 0.08% blood alcohol limit, and population density. The authors found that states with universal helmet laws had 13.7% fewer deaths than those without such laws.

If you were not wearing a helmet when involved in a motorcycle accident, the at-fault driver’s insurance company will likely try to reduce your compensation by arguing that your injuries would have been less serious if you had worn a helmet. A skilled Long Island motorcycle accident lawyer can help you to combat this argument by presenting strong evidence that demonstrates how much safer you would have been with a helmet and by showing that your injuries are not the result of your own negligence.

4. Insurance

Motorcycles offer a thrill and sense of freedom, but they also provide less protection for the rider than other motor vehicles. Because of this, they are inherently more dangerous and may result in serious injuries or death in a crash. Fortunately, there are insurance policies that can help pay for the expenses associated with a motorcycle accident.

The most common method for obtaining financial compensation in a motorcycle accident case is to file a claim with the at-fault party’s insurance provider. However, this is a lengthy process and does not guarantee full compensation for your losses.

In addition, the at-fault party’s insurer may try to argue that you were negligent in some way, which could reduce or even bar your claim altogether. For example, not wearing a helmet is considered negligence because it shows that you do not have the skills and physical coordination to safely operate your motorcycle. Other forms of negligence include speeding, ignoring traffic laws, and lane-splitting.

Another option is to pursue a lawsuit against the at-fault party, but this requires hiring a lawyer and waiting for the outcome of your case. This can be a lengthy and expensive process, but it can yield higher monetary compensation for your losses.

When filing a lawsuit against an at-fault party, it is important to understand the limitations of your state’s statute of limitations. Most states give victims one to three years to file an injury lawsuit, and you will want to ensure that you do not miss this deadline.

It is also important to consider uninsured and underinsured motorist coverage, which can pay for your medical treatment, lost wages, and property damage if the at-fault driver has no or insufficient insurance. This type of coverage is typically included in your comprehensive or collision insurance policy. If you have custom parts or other non-stock components on your motorcycle, it is wise to obtain additional equipment coverage through your insurer in order to be fully protected. If you have any questions regarding your motorcycle insurance coverage, be sure to contact a professional insurance agent.

Insurance and Other Risk Mitigation Techniques

Equine Insurance is a tool to mitigate risks that are unforeseen in nature and magnitude. Its premiums go towards a pooled investment used to cover losses.


An insurance policy is a legal contract between an insurer and an insured. The policy details who or what is covered and for how long. It also includes an actuary’s estimate of risk.

Insurance is a contract between an insurer and an insured, which allows the insured party to transfer the risk of a significant financial loss or burden to the insurance company in exchange for a small payment called a premium. Insurance is available for virtually any kind of loss or damage, and it can be a very important form of protection. However, it is not without its problems. In some cases, insurance can even increase fraud, but it also offers a way for individuals and societies to prepare for catastrophes and mitigate their effects on households and economies.

Most insurance contracts are governed by the principles of contract law, but they have some unique features that distinguish them from ordinary non-insurance contracts. For example, they are aleatory, meaning that the amounts exchanged by the parties are unequal and depend upon uncertain future events. In addition, the insurance companies are required to act in good faith toward their insureds, and they cannot misrepresent or falsify information when requesting information about the insured party.

The core components of an insurance agreement are the premium, deductible, and policy limits. The insured must pay a premium in order to receive compensation for losses, and this amount is usually a percentage of the value of the property or the indemnity provided by the insurance policy. The policy limit is the maximum amount of money that the insurer will pay in a single event. In addition, most insurance policies include a mandatory out-of-pocket expense for the insured called a deductible.

In order to be eligible for insurance, the insured must have a “lawful interest” in the object of the coverage. This means that the insured must own or possess the item, or must have a legal right to use it, and it must be in a condition where it could reasonably be repaired, replaced, or improved. In addition, the object must be a “lawful activity” and should not be used for illegal purposes.

The insurance contract is a legal document, and it must be written in clear and enforceable language. The terms and conditions are set out in the policy, which must be signed by the insured to become valid. In some cases, the policy may require an additional document called a declaration. This contains key information about the insured, such as their name and address, the insurer, and the risks covered by the insurance.

It is a form of risk transfer

Insurance is one of the most common forms of risk transfer. It shifts the financial burden of a potentially damaging event from the business to a third party, and provides peace of mind for the company’s owners. However, risk transfer isn’t a replacement for other risk management techniques. It should be used in conjunction with risk avoidance, risk retention, and other methods to create a comprehensive risk management strategy.

There are a number of ways to transfer risk, including indemnity clauses and hold-harmless agreements in contracts, special purpose vehicles (SPVs), and reinsurance. These risk transfer mechanisms help allocate risk responsibilities equitably and can protect your business from legal liability. They also provide a way to limit your exposure to unpredictable losses and reduce the potential impact of large claims or litigation.

The most common form of risk transfer is purchasing insurance policies. These policies can cover the costs of damage or injury that may occur due to certain unwanted events, such as data breaches. In return for this protection, the business pays a regular fee, known as a premium, to the insurer. This fee is based on actuarial projections and other factors, but the goal is to limit the company’s financial exposure.

Another popular form of risk transfer is through the use of insurance pools. These pools are often established by the government, insurers, or other large risk-bearing entities. The pools are then used to pool risk across many individuals and businesses. This helps them cope with larger losses, as they are spread out among a larger group of people.

Finally, risk transfer can also be accomplished through contractual obligations, such as indemnity and exculpatory agreements, waivers of subrogation, and contractual requirements to obtain insurance coverage for specific risks. Probably the most well-known example of this is the purchase of car and home insurance. Having these policies is required by most lenders when financing mortgages, and it helps the lender to avoid significant financial losses if an insured individual experiences a loss. Insurance is one of the easiest ways to understand the concept of risk transfer, as it is widely available and can be easily obtained.

It is a pooled investment

Investing in pooled investments is a great way to diversify your portfolio. These investments offer many benefits, including lower fees and less risk. Pooled investments can also give you access to investment opportunities that are not available to individual investors. In addition, these investments can help you reach your investment goals sooner.

Pooled investments are professionally managed by experts who know how to make the right decisions for your money. This can be a huge benefit for investors who don’t want to worry about making their own decisions independently. It also allows you to take advantage of economies of scale.

To get started with a pooled investment, you will need to start by giving your insurance company some basic information about yourself. This will include your name, age, and address. Once your insurance company has this information, they will calculate the amount of risk you pose and offer you a quote. This process can take anywhere from 90 seconds to a few days.

Once you have your quotes, you can choose a plan that suits you best. You can do this through open enrollment, which is typically held once a year for employer-sponsored plans and during a special enrollment period for certain qualifying life events (QLEs).

The purpose of insurance is to cover losses, but it also does much more than that. It mobilizes domestic savings, redistributes financial stability, and promotes trade and commerce. It is also an important source of capital for business enterprises, which can reduce the cost of acquiring goods and services and help them grow.

Insurance companies often use a variety of methods to determine the risk of insuring individuals and businesses. They can calculate the frequency and severity of insured perils, and analyze historical loss data to predict the expected average payouts. Then they compare these predictions with the actual losses to determine their rates. This process is known as rate-making.

There are several types of pooled investments, including mutual funds, ETFs, and pension funds. While they may be safer than individual investments, all of them carry some risk. Investors should carefully consider their investment goals, risk tolerance, and underlying holdings before investing in any pooled investment vehicle.

It is a form of social insurance

Social insurance is a government program that provides a safety net for people in times of financial need. Unlike other forms of public assistance, social insurance programs are funded by citizens who contribute through payroll taxes. This allows the government to keep premiums low and benefits stable. Some of the most popular examples include Social Security, unemployment insurance, and Medicare. These programs help cover the cost of healthcare, income replacement, and other essentials for people who cannot work due to disability or illness.

A key feature of social insurance is that it does not discriminate based on race, ethnicity, or gender. This is important because it reduces stigma and ensures that people can access the benefits they need, regardless of their economic status or whether they have children. In addition, it promotes the concept that future security for an individual is a function of his or her own work. This principle is important because it encourages the work ethic and increases the incentive to produce goods and services that are economically valuable.

In the United States, there are four major social insurance programs: old-age and survivors insurance, workers’ compensation, and disability and unemployment insurance. These programs are based on the recognition that economic insecurity in a money economy is chiefly caused by interruptions of income from work caused by unemployment, retirement in old age, death of a breadwinner, or disability. The contribution of social insurance to preventing economic insecurity is principally through its role as an insurer, replacing a portion of one’s work income when it is interrupted.

Another key feature of social insurance is that it is a nondiscretionary form of assistance. This means that the amount of a benefit is fixed in advance and that a person’s eligibility is determined by a set of predetermined rules. It is not dependent on discretion or the whim of a bureaucrat, and decisions are subject to appeal and legal review. This is a fundamental element of social insurance that distinguishes it from other types of assistance.

A social insurance program can be private or public, and its delivery depends on the level of government that provides funding for it. It can also be delivered on an entitlement basis, in which all eligible individuals or households must receive the benefits they apply for, or on a case-by-case basis, in which a person’s application is evaluated and awarded by an administrative agency that is limited in the amount of funds it can spend each year.

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Best Legal Blog In Jersey City

Whether you’re a 1L or an experienced BigLaw associate, legal blogs are a great way to learn. They cover topics that affect legal professionals and provide tips and strategies for thriving in the industry.

These blogs discuss everything from a controversial case in the Supreme Court to how to write a legal blog post that ranks high on Google searches. They also share attorney profiles and philosophies.


SCOTUSblog is “a journalistic entity devoted to reporting on the United States Supreme Court comprehensively, without bias, and according to the highest professional legal and ethical standards.” The website provides access to all merits cases before the Court at three different stages. Additionally, the site features a comprehensive archive of all materials related to each case.

Despite its cult-like following, SCOTUSblog is far from an advertising-driven enterprise. Goldstein’s law firm litigates a handful of cases before the Supreme Court, but the blog is operated and funded completely independently from his practice. Goldstein has also instituted a series of editorial firewalls to address any potential or apparent conflicts.

Several of the blog’s features make it an excellent resource for teachers and students. The individual pages for each case include briefs, a transcript of oral arguments, and other related material. A case page also includes a summary of the case’s holding and judgment.

L&W Blog

Law firms often run their own blogs, sharing expert opinion pieces and legal research materials. These blogs can be an excellent source of information about the latest developments in a particular area of law.

In-house counsel have their own unique challenges and responsibilities, which make it important to find content that speaks to them directly. This comprehensive blog covers a variety of topics that matter to corporate legal professionals, including ethics and compliance, management, technology, and professional development.

Legal ethics can be complicated, and a simple misstep can cost you your hard-earned career. This blog offers practical tips and real-life reports on how to avoid pitfalls. It also tackles complex legal philosophy issues, including virtue ethics, legal positivism, and neoformalism. This fun, informative blog is sure to delight any lawyer. Whether you’re looking for a quick read or a heartwarming story, this legal blog has something to offer everyone. It even has a section dedicated to the stories of “Members Who Inspire.” What more could you ask for?

Crime & Consequences

Crimes and Consequences is a true crime podcast that explores the causes and consequences of criminal behavior. The show’s hosts, Talia and Tonya, leave no stone unturned when describing crimes, offering listeners a riveting and nail-biting experience. Their background in psychology allows them to understand the psyche of murderers and criminals, making their episodes even more shocking.

This blog features the latest news, information, opinions and events for legal professionals. It covers topics from the most significant federal court cases to practical tips for law practice. It also includes studies with public policy implications. This blog is a great resource for criminal defense attorneys and members of the general public.

Jersey Shore Vibe is a site for everything you need to know about the Jersey Shore including news, nightlife, and festivals. Kitchen Psychology is a blog about cooking and food. NJ School Law is a blog devoted to education law in New Jersey.

Legal Reader

Legal Reader is a website where readers and legal professionals can share their thoughts, opinions, and experiences. However, no attorney-client relationship is formed by the use of this site. Any content reproduced, distributed, republished or retransmitted without the express written consent of Legal Reader is prohibited unless given proper attribution. All users and readers of this site should consult with their individual attorneys for advice on specific legal matters. All rights reserved. Copyright 2017 Legal Reader.

Clio Blog

This blog, which focuses on legal technology and marketing, features tips for seasoned and beginner lawyers. Authors Teresa Matich, Iffy Ibekwe, and Kevin O’Keefe discuss ways to expand the reach of your law practice through blogging. They also share advice for developing a writing voice and dispel common myths about legal blogging. Clio is a leading cloud-based practice management platform for small/medium law firms worldwide. It is fully scalable and boasts over 200 third party integrations.


Jurispage is a law firm web design, SEO marketing, and PPC management company that helps lawyers grow their practice. Founded and run by a lawyer, the company offers a wide range of services to help law firms create an impressive online presence. It also integrates with Clio, a popular cloud-based legal practice management solution.

It’s not enough to just have a good website. You need a comprehensive Internet marketing strategy that will ensure your website generates leads and converts those leads into clients. It’s important to hire an agency that understands the unique needs of lawyers and is able to effectively market their services.

Uptime Legal Systems is the leading provider of Law Practice as a Service for small and mid-sized law firms. The company provides a full spectrum of cloud, legal technology and marketing solutions that address real-world challenges facing lawyers and their firms. The acquisition of Jurispage enhances Uptime’s offerings for law firms.

ABA Journal

The monthly ABA Journal is the flagship publication of the American Bar Association, providing news, analysis and opinion for the legal profession. It’s complemented by the world’s largest storehouse of legal resources, including expert-curated content, top-tier CLE programs and advocacy tools. ABA members get access to the entire catalog of print and electronic journals, newsletters and books. Many ABA Sections, Divisions and Forums also publish specialty periodicals that are available exclusively to their members.

ABA Journal Editor Mary Lynch and assistant editor Elizabeth Murad ’19 discuss their latest edition of Best Practices for Legal Education, an online resource that evolves the conversation about law school reform. ABA member Gary DuBoff discusses why so many lawyers quit large firms after seven years, and what the ABA is doing to help them stay put.

SCOTUS lawyer Jeffrey L. Fisher explains how he had to adapt his approach to three cases he recently argued. Plus, Colorado law professor Kenneth White, who’s known as ‘Popehat’ on Twitter, talks with Senior Writer Stephanie Francis Ward about finding “pandemic positives.”

The Diversity Lawyer

Lawyers should reflect the diversity of the communities they serve. But that is a goal that is easier said than done. In fact, a recent study found that attorneys of color frequently leave law firms due to the lack of professional opportunities and a feeling of marginalization.

While there are moral and ethical reasons to promote diversity, attorney Prema Roddam of Chugh LLP emphasizes that there is also quantifiable value in having a diverse workforce. She notes that the firm is committed to diversity and has participated in several law school career fairs.

In addition, the firm encourages its employees to take part in nonprofit work that is important to them. Roddam says this boosts morale and helps cultivate future generations of legal leaders. Additionally, the firm is a big supporter of Diversity Lab’s Legal Hackathon series. Its participants come together to develop innovative ideas for attracting and retaining minority lawyers.

FindLaw Blog

FindLaw offers a host of free tools for lawyers, including legal blogs and Supreme Court updates for your jurisdiction. It also features a section dedicated to law firm management. It can be difficult to stay on top of the latest developments in civil litigation, but these blogs offer expert opinions and advice from leading attorneys.

If you specialize in business law, these blogs can provide insights into important new case decisions and emerging trends. You can also find helpful articles on contract negotiations and intellectual property issues.

These blogs cover a wide range of topics, from witty takes on zanier cases (including a recent defense of using Type I diabetes as a Breathalyzer defense) to the latest celebrity trials and fictional legal problems in movies. They can be a great way to get a quick education on topics that aren’t covered in your textbooks.

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