If you received a speeding ticket in connection with an accident that took place on a motorcycle, you may be unsure if you can obtain compensation for your injuries. An attorney can advise you on your particular situation, as many different factors can come into play to determine your eligibility. However, you should know that a speeding ticket does not automatically disqualify you from pursuing damages. The laws of the jurisdiction where the accident took place can make a big difference, as can the specific circumstances under which the accident occurred.
Contributory Negligence
The insurance company and/or court may see your speeding as contributory negligence. In other words, your actions in speeding may have played a part in the accident and therefore your injuries. Each state imposes its own contributory negligence laws, and the provisions of each can vary widely.
If the accident took place in a pure contributory negligence state, your chances of obtaining compensation are slim to none. These laws typically deny you damages if you are the slightest bit responsible for the accident. However, in a comparative negligence state, you may still be able to obtain damages if your actions, including speeding, contributed to the accident by less than 50%. There are many variations among comparative contributory negligence laws.
In other words, in a comparative negligence state, if you can prove that the other driver’s actions/inactions were more responsible for your injuries than your speeding was, you may succeed in your attempt to receive compensation.
Other Considerations
If the case goes to trial, the court may grant you some leniency if you can demonstrate that an action violating the rules of the road, like speeding, was necessary to try to maintain your own safety. Motorcyclists are at a disadvantage on the road compared to cars. If a car driver accidentally crashes into you, you don’t have the frame of your vehicle to shield you and absorb the impact. Therefore, your risk of injury or death is typically much greater compared to the occupant of a car.
In an attempt to avoid a collision, you may have made a split-second decision to engage in speeding or another evasive maneuver. When deciding your case, the court may take this into consideration.
An attorney experienced in personal injury should be able to explain how the laws apply in your particular circumstances and what your legal options are. Please call a law office today to make an appointment to consult with an attorney, like a motorcycle accident lawyer in Memphis, TN from Patterson Bray, about your case.