If you have been involved in an accident while driving your motorcycle, it is likely that the insurance companies and adjusters will attempt to defeat any claims you have through comparative fault. In order to overcome this, reach out to an experienced personal injury attorney at Silva Injury Law.
COMPARITIVE FAULT IN CALIFORNIA
It is extremely common in cases involving a motorcycle accident that both the parties involved are partially at fault. When it is not clear that one party is the victim and the other is at fault, the courts will apply what is called the “pure comparative fault” method in order to determine which parties are entitled to compensation and what amount that compensation should be.
California’s comparative fault law is a pure comparative fault standard in cases that involve negligence and injury. Comparative fault, put simply, means that an individual will be compensated for an injury claim based on the individual’s share of the fault for the accident. Essentially, the more you are at-fault for the cause of the accident, the less compensation you will receive for your incurred damages.
As California has a pure comparative fault standard, this allows victims of accidents to recover compensation even if they are as much as 99 percent responsible for the accident.
As an example, you are involved in a motorcycle accident and you have a subsequent claim wroth $100,000. The insurance company can claim that you are 60 percent at fault for causing the crash, and if they succeed the compensation that you receive for your injuries would be reduced by 60 percent.
COMPARATIVE FAULT IN CASES INVOLVING MOTORCYCLE ACCIDENTS
It is unfortunately common for motorcycle accident victims to be struck by an automobile. These accidents can be the automobile driver’s fault, when they fail to check and see a motorcycle before pulling into an intersection or changing lanes. These accidents can also be the motorcyclist’s fault if they are driving negligently or recklessly. Most likely, it is a combination of fault.
There are unfortunate stereotypes which surround motorcycle drivers. Many believe that bikers are reckless and dangerous in the way they drive, exceeding safe speeds and irresponsibly driving through traffic. Insurance companies have a tendency to rely on these stereotypes and will often allege that a rider is responsible for causing a crash. Insurance companies will use this tactic as a way to reduce the amount they must pay in a claim. Under comparative fault standards, the more blame that is placed on the biker, the less money an insurance company is required to pay.
AN ATTORNEY CAN HELP IN YOUR MOTORCYCLE ACCIDENT CASE
An experienced personal injury attorney can understand the various tactics used by insurance companies, including the attempted use of comparative fault to reduce the potential value of a valid claim. If you have been injured while driving your motorcycle, you have a right for fair compensation. An attorney at Silva Injury Law can help you navigate insurance companies and comparative fault claims to ensure that negligent and reckless drivers are held responsible for the injuries and suffering they have caused you and your loved ones.
FIND OUT HOW WE CAN HELP
At Silva Injury Law we promote healing through compassionate advocacy. With each case tailored to the individual, we look our for your best interests by evaluating your unique circumstances. Contact us today for a FREE in person or remote consultation.