Motorcycle accident

We hear about a large number of motorcycle accidents these days. A typical motorcycle accident is when a turning car fails to give way and hits the motorcyclist, or when the motorcyclist in front is swept away by the car in front of him while changing lanes.

The difference with the former categories is that while the legal liability of mopeds is the same as that of pedestrians or cyclists, “large motorcycles” are in practically the same category as passenger cars. The difference between the two raises fundamental questions of proof, but the at-fault motorcyclists can, in all circumstances, claim full compensation for the damages they have suffered in connection with the accident!

Accident involving a moped:

Mopeds can be two-, three- or four-wheeled vehicles with an engine capacity of not more than 50 cm3 and a power of not more than 4 kW (in the case of four-wheeled vehicles (mopedautos), the unladen weight is less than 350 kg).

If , as the driver of a moped, you are at fault in a traffic accident – a collision between a motor vehicle and a moped – , the driver of the motor vehicle causing the damage or the driver’s insurer managing the motor vehicle liability insurance is liable for so-called objective liability.

Under the strict liability regime, the driver of a moped involved in an accident can claim full compensation. The insurer administering the compulsory third party liability insurance of the motor vehicle that caused the damage must pay compensation for the damage caused by the accident and the amount of the damage award (non-pecuniary compensation) for injury to personal injuries.

Traffic accident involving a large motorcycle:

Two-wheeled vehicles without a sidecar, vehicles with a sidecar in category L3e, vehicles with a sidecar in category L4e and motor tricycles, as defined in separate legislation. A motor vehicle with two wheels or three wheels and a maximum design speed of more than 45 km/h, and a four-wheel motor vehicle with an unladen mass not exceeding 550 kg and an engine power not exceeding 15 kW.

When a traffic accident involves a “big engine” and a car, we are talking about a dangerous meeting of forces. In this case, the tortfeasor is liable under the general liability for damages section of the Civil Code. Thus, if the driver of the motor vehicle causes damage to the motorcyclist in violation of the Highway Code, he is liable for full compensation. On this basis, the insurer administering the compulsory third party liability insurance of the motor vehicle causing the damage must pay compensation for the damage and damages caused in connection with the accident. You can only be exempted from liability if you can prove that the driver at fault was not at fault.