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Motorcycle accidents are a common occurrence on the road. Crashes can cause severe injuries and death, resulting in significant financial losses to the victim’s family and society. Comparative negligence is a guiding principle for determining fault. It also influences how much compensation a plaintiff can claim.
What Is Comparative Negligence?
In tort law, comparative negligence is a principle used to determine the degree of fault attributed to those involved in an accident. The liability of each party is established based on their contribution to the incident. Insurance companies rely on principles of negligence to pay claims accordingly.
Let’s say that you were injured in a motorcycle accident that was partially your fault. In this case, the overall fault for the crash will be divided between all the responsible parties. Thus, a percentage of negligence may be attributed to both the plaintiff and the defendant. For example, if the plaintiff is found 30% at fault for the crash while the defendant is 70% responsible, the plaintiff can only receive 70% of the total amount of damages.
If you have been injured in a motorcycle crash, you may be wondering whether or not you should hire a motorcycle accident lawyer. The answer is yes. You may have a better chance of receiving compensation for your injuries if you find an attorney who understands comparative negligence laws and can help you prove that your injuries were caused by the negligence of another person or entity.
Proving Comparative Negligence
When deciding whether or not to accept your claim, the court will look at how much responsibility you have for the accident. Comparative negligence is determined by what each party could have done differently to avoid the incident. The following factors may be considered:
- The speed at which each driver was traveling
- Driving sober or under the influence
- Type of road surface
- Weather conditions
- The types of vehicles involved in the crash
Establishing fault in motorcycle collision cases can be complicated. Therefore, it is best to consult with an attorney before taking any legal action against another driver or party involved in the accident.
Types of Comparative Negligence
In the United States, there are two major types of comparative negligence pure and comparative. How damages are awarded is different between states. Therefore, it is essential to consult an attorney before starting legal proceedings.
Pure Comparative Negligence
In states of pure comparative negligence (like Florida and New York), accident injury victims may seek some damages even if they are 99% at fault. However, they may only recover an amount based on their degree of fault.
For example, if someone driving under the influence was involved in a motorcycle crash and claims compensation for their injury, they may do so if the other motorist was somehow at fault too. In this case, the drunk driver may only recover minimal damages.
Modified Comparative Negligence
Most states adhere to a modified comparative negligence system. This, in turn, is divided into two further categories, the 50% and 51% bar rule. In the first category, a victim who is 50% or more responsible for the crash may not recover. While in the second category, the cut-off line is at 51%.
In a motorcycle accident, the driver may be at fault for not wearing proper protective gear or being distracted by an electronic device. However, suppose the plaintiff was also partly at fault for being too close behind the motorcycle or not paying attention to traffic signals. In that case, they may also be able to recover some damages.
Seek Legal Counsel
Getting the right lawyer for your case is critical because trust is crucial for a successful outcome. A fruitful client-attorney relationship is built on trust and mutual respect. When choosing a motorcycle accident attorney for your case, research the law firm’s website or social media accounts to see if they have experience with similar cases.
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