How Does Comparative Negligence Affect My Motorcycle Accident Claim?

Understanding comparative negligence is important as we delve into the details of your motorcycle accident claim in Los Angeles. In California, this concept plays a significant role in determining fault and compensation.

At J&Y Law, we understand the importance of grasping how this system works to increase the chances that you receive fair compensation.

Our team has 60 years of combined experience helping injured people recover commpensation. Consulting with a knowledgeable Los Angeles motorcycle accident lawyer can help you better understand how comparative negligence will impact your claim and guide you through the process to achieve the desired outcome.

How Partial Fault Affects Compensation in Los Angeles

In motorcycle accident claims, you may be surprised to learn that you can still recover damages even if you’re partially at fault. This is because California follows a pure comparative negligence system, which allows you to recover damages even if you’re 99% at fault. 

The shared fault applies to play when the court determines the liability percentage of each party involved. This percentage represents the extent of each party’s responsibility for the accident. 

For instance, if you’re found 20% liable and the other party is 80% liable, you’ll be assigned a 20% liability percentage. This percentage will later be used to calculate your damages award. Understanding how shared fault affects your claim is important in determining the amount of compensation you’re eligible to receive.

Determining Fault in a Motorcycle Accident

Determining fault in a motorcycle accident involves a thorough investigation of the circumstances surrounding the crash. You’ll need to gather evidence, including police reports, witness statements, and photographs of the scene. 

Your attorney will also review your motorcycle’s maintenance records to guarantee it was properly maintained and adhered to motorcycle safety standards. We will also investigate the other parties involved, such as the driver of the other vehicle, to determine if they were negligent in any way. 

This could include reviewing their driving history, cell phone records, and any other relevant information. By analyzing all these factors, your attorney can build a strong case to establish fault and prove that the other party was responsible for the accident, which is important for accident prevention and increasing the chances that you receive fair compensation. We can help you understand how comparative negligence affects your motorcycle accident claim specifically.

Calculating Damages with Comparative Negligence in Los Angeles

When you’re involved in a motorcycle accident, calculating damages is an important step in seeking compensation for your injuries and losses. In California, comparative negligence laws affect how damages are calculated.

To determine the amount of compensation you’re eligible for, your attorney will conduct a damage assessment, considering factors such as:

• Medical expenses, including hospital bills and ongoing treatment costs
• Lost wages and future earning capacity
• Property damage, including repair or replacement of your motorcycle
• Pain and suffering, including emotional distress and loss of enjoyment of life

During liability disputes, the court will also consider your degree of fault in the accident. If you’re deemed partially responsible, your damages will be reduced accordingly. A skilled motorcycle accident attorney can help you handle this process and increase the chances that you receive fair compensation.

Examples of Comparative Negligence in Motorcycle Accident Claims

When you’re involved in a motorcycle accident, you may be found partially responsible for the crash due to your actions. Common causes include:

Speeding Motorcyclist’s Liability

If you’re involved in a motorcycle accident while speeding, you may be held partially liable for the incident. This is because speeding is a form of negligence that can contribute to accidents. In California, speeding penalties can include fines and points on your license, which can impact your motorcycle safety and insurance rates.

You may be considered partially liable if you were speeding in any of the following ways:

• Exceeding the posted speed limit: Failing to adjust your speed to road conditions or exceeding the posted limit can lead to accidents.
• Racing or reckless driving: Engaging in racing or reckless driving behaviors increases your risk of accidents and injuries.
• Speeding in hazardous conditions: Speeding in rain, fog, or other hazardous conditions reduces your ability to react to unexpected events. Failing to slow down in construction zones can lead to accidents with other vehicles or roadwork equipment.

Failure to Yield

As you drive through California’s roads on your motorcycle, failure to yield can be a significant mistake, leading to devastating accidents. When another driver fails to yield, it can result in a collision, and you may be left dealing with injuries and property damage. 

However, if you’re found partially responsible for the accident, California’s comparative negligence can affect your motorcycle accident claim. For instance, if you were speeding or failed to use turn signals, you may be assigned a percentage of fault. 

This can reduce the amount of compensation you’re eligible to receive. It’s important to work with an experienced attorney to investigate the accident and determine the extent of your liability due to failure to yield or other contributing factors.

Poor Road Conditions

Poor road conditions can considerably contribute to motorcycle accidents, and as a motorcyclist, you’re more vulnerable to hazards like potholes, cracks, and uneven surfaces. These hazards can cause you to lose control of your bike, leading to accidents. Common poor road conditions include:

• Deep potholes can catch your tire and throw you off balance.
• Oil slicks from recent weather conditions can reduce traction, making it difficult to brake or turn.
• Uneven road surfaces can cause your bike to wobble or vibrate, affecting your control.
• Cracked or broken asphalt can create unexpected obstacles, forcing you to make sudden adjustments.

In cases where poor road conditions contributed to your accident, you may be able to hold the responsible government agency or maintenance company liable. However, you’ll need to prove that their negligence in road maintenance contributed to the accident.

Learn How Comparative Negligence Affects Your Motorcycle Accident Claim

As you pursue your motorcycle accident claim in Los Angeles, understanding comparative negligence is important. Accurately determining liability and calculating damages is important.

An experienced attorney at J&Y Law can help you build a strong case, increasing the chances that you receive the maximum amount of compensation you’re entitled to. 

Contact us today for a free consultation.