According to the U.S.’s National Highway Traffic Safety Administration (NHTSA), those who choose motorcycles as their mode of transportation are 25 times more likely to be involved in a fatal traffic accident than people in passenger cars. Motorcycle riders are more at risk to be involved in a traffic accident and suffer head injuries; head injuries are the leading cause of death in motorcycle accidents. Also, according to warondriving.com, the “National Highway Traffic Safety Administration (NHTSA)… estimated that 70 percent of motorcycle accidents that involve another vehicle occur at intersections… [And] a Department of Transportation funded study based on on-the-scene motorcycle accidents in Los Angeles from 1976-1977. The study found that, ‘Approximately three-fourths of these motorcycle accidents involved collision with another vehicle, which was most often a passenger automobile.’”
Given the risks of riding, all motorcycle riders also need to understand the financial risks they run when riding. Some states have in recent years enacted laws that put caps on personal injury non-economic damages; these are damages some motorcyclists may claim if they sue over an accident. What this means is if you reside in a state with damage cap laws, are in motorcycle accident and file a personal injury claim, you can receive money for your medical bills and financial losses, but there are limits on how much you may receive for intangible damages, such as emotional suffering, distress, etc. Consult the chart below to see if your state has implemented these caps, and if you want more detailed information on your state’s caps, consult this American Medical Association document.
|
State |
Caps Implemented on Noneconomic Damages |
| Alabama | No |
| Alaska | Yes |
| Arizona | No |
| Arkansas | No |
| California | Yes |
| Colorado | Yes |
| Connecticut | No |
| Delaware | No |
| D.C. | No |
| Florida | Yes |
| Georgia | Yes |
| Hawaii | Yes |
| Idaho | Yes |
| Illinois | Yes |
| Indiana | Yes |
| Iowa | No |
| Kansas | Yes |
| Kentucky | No |
| Louisiana | Yes |
| Maine | Yes |
| Maryland | Yes |
| Massachusetts | Yes |
| Michigan | Yes |
| Minnesota | No |
| Mississippi | Yes |
| Missouri | Yes |
| Montana | Yes |
| Nebraska | Yes |
| Nevada | Yes |
| New Hampshire | No |
| New Jersey | No |
| New Mexico | Yes |
| New York | No |
| North Carolina | No |
| North Dakota | Yes |
| Ohio | Yes |
| Oklahoma | Yes |
| Oregon | No |
| Pennsylvania | No |
| Rhode Island | No |
| South Carolina | Yes |
| South Dakota | Yes |
| Tennessee | No |
| Texas | No |
| Utah | Yes |
| Vermont | No |
| Virginia | Yes |
| Washington | No |
| West Virginia | Yes |
| Wisconsin | Yes |
| Wyoming | No |
| States with Caps |
30 |
| States without Caps |
21 |
In addition to writing about personal injury laws that affect motorcyclists, Gina Williams also writes about motorcycle accident lawyers.
Editor’s note – see also these motorcycle accident claims guides:-
- Five Fantastic Chicago Motorcycle Injury Law Firms
- Five Best Los Angeles Motorcycle Accident Lawyers
- Five Best New York City Motorcycle Accident Lawyers
- Five Fantastic Philadelphia Motorcycle Injury Law Firms
- Five Best Phoenix Motorcycle Accident Lawyers
- Five Fantastic San Antonio Motorcycle Injury Law Firms
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Latest posts by GinaWilliams (see all)
- Motorcycle Riders: What You Need to Know About Personal Injury Laws - January 19, 2012