In personal injury law, comparative fault applicable to motorcycle accidents is defined broadly as a comparative negligence concept used to distribute damage awards. Different states have different regulations regarding comparative fault, so a motorcycle rider absolutely needs to know if such differences exist when an accident occurs.

This theory applies equally to damages that can be sought and in the case of more than one tortfeasor where negligence is divided. For example, the attorneys at Dolan Dobrinsky Rosenblum Bluestein are best suited to help you determine how the laws of comparative fault will be relevant to your circumstances.

What Would Be Negligence While Driving A Motorcycle?

Motorcycling accidents are often linked to negligence, and for a good reason. In many states, laws require motorcyclists to wear helmets while riding since helmets minimize head injuries.

Reports indicate that motorcyclists without helmets are at a three times greater risk of sustaining head injuries or dying in the event of an accident.

If you are a motorcycle driver and another driver causes an accident, you still can sue even if you are not wearing a helmet. Fault splitting allows plaintiffs to recover some amount even when partly responsible for the accident. For instance, if the jury finds that you are responsible for 20% of the negligence and the other driver is 80%, you can claim 80% of the damages incurred.

Some states practice pure comparative negligence, allowing the claimant to recover some percentage of damages regardless of the cause. For example, if you are responsible for 80% of the accident, you can claim 20% of the losses.

Common Scenarios of Shared Fault in Motorcycle Accidents

Shared negligence occurs when a motorcycle rider and another involved party are both negligent in some instances, including the following:

• Excessive Speeding: When both the motorcycle rider and car driver exceed the speed limit, the blame might be shared.
• Reckless Lane Changing: It can be concluded that both the motorcyclist and the vehicle driver share the liability due to the biker exceeding motorcycle lane change limits. In contrast, the car driver performs a sudden lane change.
• Turning Without Signalling: If a motorcyclist is caught without a turn signal and a vehicle or another motorcycle attempts to turn unsafely, the motorcyclist and the vehicle are both at fault.
• Running a Light: A motorcyclist who runs a red light along with a car making a legal right turn with a green light but is illegal under two other scenarios also shares responsibility with the bike rider.
• Dangerous Lane Splitting: A mutual responsibility will arise when a biker splits lanes without a reasonable distance and a car pulls into her path.

Determining the Value of a Motorcycle Accident Claim

The compensation you can expect closest to includes:

• Mild Injuries – Road rash and minor fractures: can go up to £100,000 and settle at a £10,000 minimum.
• Moderate Injuries – Broken bones and soft tissue injuries that need to be operated on can go up to £500,000 and settle at a £100,000 minimum.
• Severe Injuries – Traumatic brain injuries and spinal cord injuries can go up to £1.5 million and settle at a £500,000 minimum and more.
• Life-altering Injuries – £1.5 million to £5 million and even more.

Compensations usually include past and future medical expenditures, lost income, and pain and suffering. An experienced motorcycle accident solicitor can help you determine the value of your case to ensure you fully seek the maximum possible compensation you can get.

Conclusion

In the case of motorcycle accidents, compensation determination is relative to negligence laws. Research has shown that the other party may be at fault, but it will not aid you if you are at fault more than the other party.

If you were involved in a motorcycle accident, consider contacting trustworthy motorcycle accident lawyers who can guide you through the legal process and protect your rights.

References:

1. https://www.lampertwalsh.com/does-comparative-fault-apply-to-motorcycle-accident-cases/
2. https://www.vazirilaw.com/who-is-at-fault-in-a-motorcycle-accident
3. https://www.steelhorselaw.com/news/motorcycle-accidents-and-comparative-negligence
4. https://davidchristensenlaw.com/understanding-comparative-fault-in-motorcycle-crashes/