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In cases involvingmotorcycle accidents, the determination of duty of care is complicated by a variety of factors. For example, because a motorcycle is smaller than a conventional car, it may be more difficult for a driver to see in the rain, foggy conditions, or at nighttime. Although these circumstances do not change a drivers duty of care or their responsibility to be aware of all surrounding vehicles, they may affect the courts decision about who is at fault.
Motorcyclists are also held to the rule of duty of care, and in a lawsuit, a defendant may challenge the victims fulfillment of this duty. Motorcyclists can take extra steps to demonstrate they have fulfilled their duty of care by demonstrating a consistent record of motorcycle maintenance and timely inspection, or a recent record of tire replacement.
