If you’ve been in a motorcycle accident and are wondering if you can make a claim, it’s important to understand that the circumstances of the accident will determine whether or not you can make a successful claim. In some cases, an injured person may be partially at fault for the accident. This doesn’t necessarily mean that they can’t make a motorcycle accident claim, but it does mean that they need to know more about how fault is determined before filing their claim.
Contributory Negligence
When it comes to assessing fault for a motorcycle accident, most states follow one of two systems: Contributory Negligence or comparative negligence. Under the contributory negligence system, if an injured person is even remotely responsible for causing the accident, they cannot recover any compensation from the other party. So, if you were in an accident and were found to be 5% at fault for the incident, then you would not be able to receive any compensation under this system.
Comparative Negligence
Comparative Negligence works differently. Instead of completely barring an injured person from recovering damages if they are found to be at least partially responsible for causing the accident, this system allows them to recover damages as long as their level of responsibility is lower than that of the other party involved in the incident. For example, if you are found to be 20% at fault and your opponent is 50% at fault then you would still be able to recover damages through comparative negligence since your level of responsibility was lower than that of your opponent’s.
How Much Can I Get?
The amount of damages that an injured person can receive under comparative negligence will depend on their level of responsibility for causing the incident. The greater their level of responsibility (i.e., higher percentage), then the less money they will receive through their claim since their award will have been reduced by that same percentage amount.
Final Thoughts
Making a motorcycle claim after an accident can be complicated if you are found to be partially responsible for causing it. It’s important to understand how different states handle fault when it comes to awarding compensation so that you know what kind of award you may be entitled to receive following your incident. If you have any questions about making a motorcycle accident claim or would like legal advice regarding your particular case, contact our experienced personal injury lawyers today! We’re here to help!
