How Comparative Fault Affects Motorcycle Accident Settlement?

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Motorcycle Accident Settlement

Motorcyclists have the same responsibilities and rights on the roadway as the drivers of other vehicles. However, the state of California gives some additional rights for the motorcyclists like lane splitting and sharing. The law categorizes the motorcycles as small and more maneuverable vehicles, so that they can enjoy these privileges which are not given to any other vehicles. But sometimes these additional privileges can result in devastating motorcycle accidents. Read ahead to know more or click here for more reference.

Comparative Faults

If a motorcyclist is involved in an accident in California, he/she can claim compensation for the losses caused by the accident. For this, the victim will have to file a lawsuit in the court against the person who is responsible for the accident.

But in many cases, both parties will be partially at fault for the motorcycle accident. For example, a motorcyclist who got involved in the accident may have violated the traffic rules by over speeding and the other driver was drunk while driving, then both are at fault for the accident. In such cases the court will assign a percentage of fault to both drivers and this is known as the comparative fault.

According to the comparative fault laws, a person can claim compensation even if he/she is partially at fault for the accident. When the case proceeds in the court the plaintiff will get a chance to prove the defendant’s liability, and the defendant will also get opportunity to rebut the claims of the plaintiff with their own proof.

After both parties make their claims, the court will decide the percentage of fault that each party carries based on the evidences presented.

California follows pure comparative negligence standards, which mean that it does not abide by the 50% or 51% rules, which is called the modified comparative fault standards that prevail in some other countries. According to the modified comparative fault standards, if the court finds a person to be having more than 50% fault for an accident, then the person will not receive any compensation. But in California, a person has the right to get compensation even if that person is 99% at fault.

However, the compensation one receives will be reduced by their percentage of fault. For example, if the court decides that a person has 30% fault in an accident then he/she would receive $7,000 of a $10,000 settlement. Therefore, it is important to hire a good motorcycle accident attorney so that you can diminish your percentage of fault and can claim the maximum amount you deserve.

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