Motorcycle accidents are devastating due to the traumatic experience and severe injuries that come with them.
However, you can file for a claim after the accident, even if you are partially at fault.
However, some states have different rules when filing claims in such cases. For instance, Georgia follows modified comparative negligence. This means that the victims can recover compensation for their injuries and losses as long as their percentage of fault is less than 50%.
Atlanta motorcycle accident lawyers work around this percentage to find the actual value of your claim. However, you must still know some essential facts about this.
This article will teach you about fault, contributory and comparative negligence, and other facts.
Fault
In an accident, fault refers to determining who is responsible for causing the accident. This fact applies to all types of accidents, including motorcycle accidents.
Insurance companies and the authorities usually seek to establish fault to determine liability. They typically go through several things to try to identify the fault.
One of the most crucial things that helps in identifying fault is negligence.
Negligence
Negligence happens when any party fails to perform what they are supposed to do according to the rules. For instance, you can turn without switching on the turn signal, causing an accident.
In this case, this is negligence, and it's among the leading factors aiding in determining fault. In addition, below are the two main types of negligence:
- Contributory negligence
- Comparative negligence
Contributory Negligence
Contributory negligence is a legal doctrine that impacts motorcycle accident cases. If they find that the plaintiff contributed to the accident in some way, they may be barred from recovering any damages from the defendant.
In other words, contributory negligence is a strict standard since it completely prevents recovery. In a motorcycle accident, it can occur when a rider does the following:
- Engages in overspeeding
- Breaks traffic rules
- Operates a vehicle under the influence of alcohol or drugs
Comparative Negligence
Comparative negligence allows plaintiffs to recover some amount of damage regardless of the percentage of fault, unlike contributory negligence.
Compensation is usually reduced depending on the plaintiff’s degree of fault. In some states, if the percentage of fault is more than 50 or 51%, the victim cannot recover compensation.
Then there’s modified comparative negligence. This doctrine allows victims to recover damages, even if the victim’s percentage of fault is 99%.
How Motorcycle Accident Lawyers Can Build Your Case
These attorneys can build your motorcycle accident case professionally in the following ways:
Conducting an In-Depth Investigation
Lawyers usually shed more light on the investigations and gather as many facts as possible. In this case, they will gather witness statements and other tangible evidence from the accident.
In other words, lawyers go beyond what you may have seen at the accident scene. This helps in strengthening your motorcycle accident case.
Consulting Accident Reconstruction Experts
Lawyers also seek the help of special personnel, like accident reconstruction experts. With their assistance, they will have a clear view of what happened.
As a result, your attorney will find the sides that favor you positively despite being slightly at fault.
Documenting Property Damage
Motorcycle accident lawyers also document property damage and estimate repair costs. This ensures that you get a fair settlement.
Interviewing Witnesses
Lawyers also interview the witnesses to ensure they are valid. As a result, they will obtain their statements to be used in your motorcycle accident claim.
The validity of the witnesses aids in making your case stronger. In addition, attorneys ensure that these witnesses submit their testimonies correctly during court proceedings.
Conclusion
Being at fault in a motorcycle accident does not mean you can't file a claim. Professional motorcycle accident lawyers can work around comparative negligence rules to ensure you get fair compensation for your motorcycle accident case, regardless of whether it happened due to defective parts or overspeeding.
ABOUT THE AUTHOR
Nurlana Alasgarli
Content Specialist
Nurlana Alasgarli is a professional copywriter with more than 6 years of creative writing experience. Having lived and experienced all over the world, there are many writing genres that Nurlana follows, including adventure, outdoor and motorbiking. Nurlana brings life to content creation, captivating her readers.
