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FAQ

Experts Answer Your Motorcycle Law Questions

The Most Commonly Asked Motorcycle Law Questions from Riders Like You.


What do I do if I got into an accident because of mechanical failure?

Is a Motorcycle Passenger Entitled to Compensation from Accidents?

I have a custom bike that was involved in an accident and the insurance company does not want to pay. What do I do?

I was in an accident, but it wasn’t that bad. Do I still need to see a doctor?


Proving that a manufacturer or repair business is responsible for an accident is very difficult.

The repair business or manufacturer will be attempting to prove that you were responsible for the accident through negligent driving, or that you had not properly maintained your motorcycle since it’s last time being repaired.

Following the accident, if you are capable of doing so, you will want to take several photographs as evidence, including:

  • The vehicles involved. This could be just your motorcycle or another vehicle if a collision was caused by mechanical failure.
  • The specific parts you believe to be responsible for the accident.
  • The surrounding road conditions.
  • Your injuries from the accident.

You should also call the police as soon as possible after an accident as well as seeking out any witnesses to the event, making sure to get their names and contact information.’

- Mark J Schuman - Chicago Motorcycle Accident Attorney.

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The short answer to this question is yes, in most cases. In most circumstances, a passenger will be able to receive full compensation as they are not at fault for an accident. 

However, to ensure their safety as well as the maximum compensation in the case of any accidents that occur, there are some factors to take into account that may be considered negligent if overlooked

  • Failure to wear a helmet can be seen by a jury as negligence, even if they are not legally required.
  • If the passenger knowingly got onto a motorcycle when the driver was under the influence of alcohol or other substances
  • For a passenger to ride on a motorcycle, it must have a permanently attached passenger seat and footrests or a sidecar.

As long as your passenger has taken these reasonable steps to ensure their safety, they are unlikely to be found negligent or at fault in the case of an accident.

There are no passenger age requirements in the State of Idaho, but discretion is advised. You may wish to reconsider if your passenger is unable to safely reach the footrests or to hold on securely to ensure their balance.

- Bruce Skaug - Idaho Motorcycle Accident Attorney.

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Let's face it - No one falls in love with a stock motorcycle.  Everyone wants to make changes to personalize the motorcycle to his or her preferences. However, insurance companies simply don't understand the customization process with a motorcycle and its owner. If you try to handle this on your own, remember that the insurance company is simply going to try to pay you the Kelly Bluebook Value of your property damage.

While this may be okay for a stock motorcycle, we all know the hundreds and sometimes thousands of dollars we put into our customized motorcycles. The Lovely Law Firm has experience in representing bikers and we understand all that goes into a custom bike. We come to the table with years of experience, specially designed resources and trusted experts that we know we can count on. All of this gives us the knowledge to make sure you’re fairly compensated for your custom bike. We can negotiate on your behalf to be sure you get a fair property settlement for your customizations. If the insurance company won't play ball, we simply file a lawsuit and hold their feet to the fire in the courthouse.

- Justin M. Lovely, South Carolina Motorcycle Accident Attorney

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Yes, absolutely. Even if you do not think you were injured, or that your injuries were light, it is important to see a doctor to make sure that you did not suffer more severe injuries than you originally thought.

The time following an accident is one where your body will be filled with adrenaline. In that state, you might not be able to tell if you’re injured or not, and hidden injuries may get worse in the time between you receiving them, noticing, and getting treatment. Sometimes even severe injuries may not show symptoms until it’s too late. Your health is too important to take that risk.

Additionally, from a legal perspective, receiving immediate medical attention is important because it establishes the time of your injuries to be the same as that of the accident. If you only seek medical attention later, any claims you may make for damages because of your injuries may be dismissed or reduced because you will be unable to prove that they came from the accident, rather than an event either before or after the accident occurred.

- Samuel P. Moeller, Top Arizona Motorcycle Accident Attorney

Arizona has Incredible Scenery: Riding around Arizona from Phoenix - watch out for lush forests, cactus laden deserts, alpine mountain scenery and a collection of pristine lakes, rivers and reservoirs. Favorite destinations for motorcycle rides are Sedona, Flagstaff, Tucson, Phoenix and, of course, the Grand Canyon.

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