Although the traffic rules for automobiles and motorcycles are the same, operating a car and a motorcycle is very different.

In many states of the United States, the fault rules are in order. This means that the motorcycle rider will have to prove that the other party was at fault in causing the accident. In this case a lot of effort has to be put in in order to prove that the motorcyclist could not avoid the accident.

In some states, wearing a helmet is not required by the law. However, in most legal proceedings it will be a factor in order to determine the severity of injuries. In some cases, the helmet itself can be defective and could have caused head injury. Many people still acquire head injuries, even if they are wearing the best available gear, since brain injuries occur mostly due to the brain hitting against the skull.

Having a license for riding a motorcycle is also an important factor. Although most times it will no be allowed into evidence, since having a license tells nothing about how the rider was driving, it can be a factor which causes to reduce the settlement.