A motorcycle is a motor vehicle that poses a disproportionate risk to heavy vehicles. The rate of injury in accidents is high.
Compensation Claims
- Treatment expense
- Temporary/permanent incapacity
- Pecuniary damage
- Caregiver/prosthetic expense
- Deprivation of support (death)
Helmet Obligation (KTK art. 78)
Driver and passenger helmet is mandatory. If missing:
- Administrative fine
- Contributory Fault reduction in compensation (Supreme Court may apply between 20-50%)
- Discount if the injury would be reduced if a helmet were worn
Visual Angle Problem
- Automobile drivers remain in the "blind spot"
- Changing lanes accidents are common
- Taken into consideration in expert reports
Supreme Court 17. HD
17. HD adopts that in compensation for injury to a motorcyclist without a helmet, "joint fault proportional to the severity of injury" should be applied, but no discount should be applied for injuries that cannot be prevented by the use of a helmet.
Insurance
- Compulsory traffic insurance: mandatory
- Car insurance: recommended
- Driver personal accident: additional protection
Traffic lawyer recommended.