Fault in motorcycle accidents isn’t always obvious — if you’re partially at fault for a motorcycle accident, you may still be able to claim damages. With the help of a lawyer, you may even reduce your percentage of fault and claim a settlement that accounts for your responsibility and injuries fairly.
Partial Fault in Motorcycle Accidents
Determining fault is more complex when multiple drivers or external factors contribute to a vehicular accident. Partial fault in motorcycle accidents means that more than one involved party is responsible for the resulting damages. This is common in motorcycle accidents, where traffic can be unpredictable and motorists may be inattentive or reckless. For example, a vehicle may have changed lanes and hit a motorcycle, but the motorcycle was speeding — both parties may be partially at fault for the crash.
Legal considerations for victims partially at fault
In California, personal injury claims follow a comparative negligence system. This legal framework allows individuals to claim compensation, even if they’re partially responsible for the crash. The compensation amount is based on each party’s percentage of fault. For example, if a rider is 30% at fault in a collision and the total damages are $100,000, their compensation would be reduced proportionately by 30% for a final payout of $70,000.
Even when partially at fault, motorcycle accident victims may qualify for various damages. These claims are intended to compensate for both immediate losses and long-term impacts:
- Medical expenses: Hospital bills, surgery, physical therapy, medication, and rehabilitation.
- Lost wages: Missed work due to injury, including temporary or long-term disability.
- Pain and suffering: Physical pain, emotional distress, trauma, and reduced quality of life.
- Property damage: Repair or replacement of belongings damaged in the accident.
- Future losses: Anticipated medical treatment, reduced earning capacity, and ongoing care needs.
Role of Lawyers in Cases of Partial Fault
Partial fault makes navigating settlement claims even more complex. A lawyer advocates for you and builds a strong claim to pursue fair compensation for your damages.
Providing legal guidance
A lawyer can apply a partial fault legal framework to your case and assess how it affects your ability to pursue damages. They also interpret how insurers and courts typically apply these rules in motorcycle accidents.
Gathering and analyzing evidence
Insurance companies often aim to shift blame and reduce payout amounts, and these inflated assessments of fault are usually based on ambiguous or lacking evidence.
Attorneys challenge these inflated fault assessments with evidence that supports your claim. They gather important documentation, such as police reports, traffic camera footage, witness statements, and expert evaluations, to provide an accurate account of the accident.
Maximizing compensation
Attorneys aim to reduce your assigned fault and maximize your final compensation. They calculate the full value of your claim based on evidence of economic and non-economic damage. This often results in a significantly higher compensation than plaintiffs obtain on their own.
Communicating with insurers
Attorneys are skilled negotiators and communicators who understand how to apply pressure to insurers through evidence, legal precedent, and expert analysis. If they can’t reach a fair agreement with the insurers, they’re prepared to support your case in court.
Assessing Liability and Determining Degrees of Fault
Determining who was at fault and to what degree in a motorcycle accident impacts the compensation an injured party may recover. Insurers and courts consider various factors to assess how negligent driver behavior contributed to the crash. In motor vehicle accidents, negligent behavior refers to driver obligations to follow traffic laws and drive safely in regard to other motorists and pedestrians. See these examples of driving behavior that may indicate fault:
- Speeding
- Failure to yield
- Improper turns
- Driving under the influence
- Distracted driving
- Unsafe lane changes
- Following too closely
- Disobeying traffic signals
- Failing to check for others around them
Each negligent action provides a basis for assigning a percentage of fault in motorcycle accidents. For example, if a vehicle strikes a motorcyclist at an intersection while turning left, the initial police report may indicate shared fault — the driver failed to yield during a left turn, and the motorcyclist was traveling at 10mph over the posted speed limit.
The motorcyclist then retains a personal injury attorney, who challenges the fault assignment and recovers dash cam footage of the incident that shows the driver failing to use a turn signal and initiating the turn with less than two seconds of clearance with oncoming traffic. An expert witness may analyze the footage and determine that the motorcyclist had the right of way and could not avoid the collision, regardless of speeding. Eyewitnesses may testify that the motorcycle was clearly visible and traveling straight through a green light.
As a result, fault may be revised to assign more responsibility to the driver than the motorcyclist. If the motorcyclist’s fault changes from 40% to 15%, and the damages are valued at $100,000, their share increases from $60,000 to $85,000.
Advantages of Legal Representation in Partial Fault Cases
With the right legal representation, partial fault in a motorcycle accident can provide several advantages.
Negotiating settlements and litigation
Insurance adjusters aim to minimize payouts, and their initial offers often reflect inflated fault assignments or undervalued damages. A lawyer manages communication with the insurance company to present factual evidence without misrepresentation. They also recognize when to accept a settlement, continue negotiations, or proceed to trial.
In litigation, your attorney develops an evidence-backed case that supports your claim. Building your case typically involves collecting and analyzing police reports of the accident and supporting photos or footage. They may also coordinate eyewitnesses, expert witnesses, medical reports, and other evidence demonstrating the full extent of your injuries and minimizing your share of fault.
Collaborating with accident reconstruction experts
When the available evidence is lacking, accident reconstruction experts provide valuable insight. These professionals expertly analyze the mechanics of the crash, such as:
- Damage to the vehicles
- Skid marks
- Speed estimates
- Vehicle positions
- Road conditions
- Obstructions
If an insurer overstates your fault, reconstruction can offer an objective analysis and potentially demonstrate how another vehicle’s speed, position, or lack of visibility was a more significant crash factor than originally estimated.
Contact The Law Offices of Jacob Emrani Today
During insurance negotiations and trials, the right legal team protects your interests, challenges unfair fault assessments, and ensures your damages are fully accounted for. Contact the experienced Los Angeles Motorcycle Accident Attorney’s at the Law Offices of Jacob Emrani for expert legal support. Call (888) 912-7115 to set up your no-cost case evaluation!