Comparative Negligence In Motorcycle Accidents
Motorcycle accidents are a common occurrence that often results in injuries and even death. The frequent occurrence of these accidents does not reduce their seriousness. Motorcycle accidents can occur either because of the fault of the motorcyclist or the other driver or a pedestrian based on which all parties are involved. On the other hand, both parties involved in the accident may share the responsibility for the accident.
When filing a lawsuit for claiming the money for the damages caused by the accident, you have to consider who is responsible for the accident. If you are the sole reason for the accident, then you may not be able to recover any money even if you have suffered injuries. However, if the other person is completely at fault for the accident, then he will have to pay the compensation you demand. However, if both of the parties share the liability for the accident, then the claim amount the plaintiff will get depends on his/her share of fault.
If both parties involved in an accident are partially at fault for the accident, then the case is considered as a comparative negligence case. In such cases, the plaintiff will get only a part of the total amount based on the percentage of responsibility he/she carries.
Comparative Negligence In Motorcycle Accidents
Comparative negligence is usually alleged in motorcycle accidents. It can reduce the claim amount you receive. For example, if you carry 70% responsibility for the accident, then you will receive only 30% of the total claim amount. Therefore, to get maximum compensation in comparative negligence cases you have to find a good motorcycle accident attorney who understands the complexities of such cases. Otherwise, you might end up in losing the amount you deserve.
If you have to deal with insurance companies for receiving the compensation, you have to be extra careful, as they will try to reduce the amount over the fault you carry for the accident.
How To Choose A Good Motorcycle Accident Attorney?
When selecting a motorcycle accident attorney for your comparative negligence case, you should be really careful. It won’t be easy to get a good claim amount considering the fact that you are partially at fault for the accident. Hence, the lower your fault is, the higher the money you get. Therefore, your attorney should be able to show that you carry the minimum responsibility for getting the maximum amount. So, when selecting an attorney, you have to find out whether he/she has previous experience dealing with comparative negligence cases.
