MOTORCYCLE ACCIDENTS: CAN I RECEIVE A SETTLEMENT IF I AM PARTIALLY AT FAULT?
Posted on Friday, November 20th, 2015 at 1:09 am
California motorcycle accidents result in traumatic injuries for the rider and, in many cases, motorcycle accidents result in death. Since the end of the recession, the number of accidents and the number of deaths from crashes in California have increased statewide. One reason for the increase in the number crashes and fatalities on California roads is that the number of motorcycles on our roads has increased because of the growing interest in motorcycles during the past few years.
Due to the nature of the vehicle, injuries are more severe and the risk of death is higher for riders involved in motorcycle accidents. Therefore, proving fault in motorcycle accidents is crucial in order for the rider and/or the family to receive compensation for their losses. Even if the rider is held partly to blame for the motorcycle accident, he or she may still be entitled to recover damages in a personal injury claim.
California’s Comparative Negligence Law and Motorcycle Accidents
Motorcycle accidents are different from other types of vehicle accidents because of the unfounded, negative stereotypes many people hold against motorcycle riders. Some people view riders as being reckless and dangerous; therefore, insurance companies often will blame the rider for the accident in an attempt to avoid paying for the rider’s damages. This is one of the main reasons that you need the experienced motorcycle accident lawyers of Tiemann Law Firm to represent you in your personal injury claim. We understand how to fight insurance tactics like this to ensure you receive the maximum compensation allowed by law for your injuries.
We thoroughly investigate motorcycle accidents to determine who is at fault for the crash. Experts are often used to recreate motorcycle accidents if fault for the crash is in question. Even if you are found to be partially at fault for the crash, you may still receive compensation under California’s comparative negligence laws.
Comparative negligence is a legal theory that holds more than one party responsible for an accident. For example, if a vehicle turns left in front of a motorcycle but the rider was running a red light at the time of the crash, both parties are responsible for the accident. Under comparative negligence, the motorcyclist in this example may be entitled to receive a partial settlement for his injuries.
In some states, if you are partially at fault for an accident, you cannot collect any compensation from the other driver; however, California’s comparative negligence laws only require that your compensation be reduced by the percentage of your fault for the crash. In our example, the jury assigns the driver of the vehicle 70% of the fault for the crash and assigns the motorcyclist 30% fault. If the jury award is $100,000, the motorcyclist is entitled to receive $70,000 — the total award ($100,000) less the percentage ($30,000) of fault assigned to the rider. Having an experienced motorcycle accident lawyer is essential in order to prove 100% fault on the part of the other driver or lower the percentage of fault assigned to you for the crash.
Hire a Sacramento Motorcycle Accident Attorney to Protect Your Rights
We understand how difficult it is to recover from injuries sustained in motorcycle accidents. The personal injury lawyers of Tiemann Law Firm work diligently to protect your rights to receive a fair and just settlement for your injuries.
Contact our office for a free accident consultation by calling (916) 999-9000 or by visiting our contact page.