Motorcycle accidents occur more frequently than any other type of vehicle accident in California. But its common occurrence does not reduce its seriousness. Motorcycle accidents can result in severe injuries for all the people involved in the accident. Therefore, it must be treated with utmost care like any other accident.
A motorcycle accident can happen because of the motorcyclist’s fault or the other driver’s fault or because of the shared fault of both the parties involved. So, determining the liability is an important factor in every motorcycle accident, especially, if you are trying to file a lawsuit for claiming money for the damages caused by the accident.
When two parties involved in the accident are mutually responsible for the accident, it is called comparative negligence. In such accidents, both parties will be partially liable for the accident. In this article, we are explaining comparative faults associated with motorcycle accidents and their effect on the claim. It will help you to act wisely when submitting a lawsuit for claiming money for an accident that you are partially at fault.
What is Comparative Negligence?
If both parties involved in an accident share the liability of the accident, then it is called comparative negligence. For example, if the motorcyclist was over speeding and the other driver was taking a wrong turn, then both parties violated the law, and an accident thus caused will comes under comparative negligence. For such an accident, both parties cannot recover 100% of their damages; instead, they will be awarded an amount depending on their percentage of fault. For instance, if a person is at 60% fault for an accident, then he/she can recover 40% of the damages caused by the accident.
In many countries, if you carry more than 50% of the fault, then you cannot claim money at all. But in California, you will be entitled to recover an amount even if you are at 99% fault for the accident. You might have to consult a motorcycle accident attorney to find out the percentage of the fault you carry and to determine the amount you can claim based on this.
Comparative Negligence in a Motorcycle Accident Case
Comparative negligence is an issue that often comes with motorcycle accidents because of some unfounded and unfair stereotypes associated with motorcyclists. In most motorcycle accident cases, people assume that it will be the fault of the motorcyclist. Insurance companies also use comparative negligence as a reason to limit their liability in claims associated with motorcycle accidents. However, a motor cycle collision attorney can help you get the right amount you deserve by accurately determining the percentage of fault you carry for a particular accident.