Are you worried you might be partly at fault for your motorcycle accident in California? Many motorcycle accident victims falsely believe that they can’t receive any damages or compensation if their accident was even partially their fault. This isn’t necessarily the case.
If you are struck by another vehicle on the road, you may end up sustaining all sorts of injuries including broken bones, traumatic brain injuries, spinal cord injuries, neck and back injuries, lacerations, internal injuries, and road rash. If these injuries are even partially due to another motorcycle drivers’ negligence, you are entitled to seek compensation that covers the cost of your damages. You shouldn’t have to suffer because of someone else’s carelessness on the road.
No accident victim should have to be burdened by the high cost of medical care after an accident they did not fully cause. Determining fault is never entirely clear, but if the other motorcycle driver in question contributed even a small percentage of fault to the accident, you may have a chance at recovering compensation. The only way to know how much compensation you can receive is to talk to a California motorcycle accident lawyer about what you have experienced.
How Is Fault Determined In A Motorcycle Accident?
In the state of California, courts use the “pure comparative fault” method when determining which motorcyclist will be entitled to recover compensation for their injuries after the accident. Under this method, accident victims can recover compensation even if they are partially at fault for the accident. In California, an accident victim is only responsible for their own percentage of fault.
In the case of your motorcycle accident, the fault will be broken up into percentages. For example, let’s say you were riding your motorcycle above the speed limit before you got into the crash. This would constitute a degree of fault on your behalf, as you were driving somewhat recklessly with a disregard for the laws in place. But if the other motorcycle driver was operating an uninspected motorcycle and their brakes did not properly function, causing them to crash into you, they will be held liable for a portion of the fault as well. In this hypothetical scenario, you may be placed with 40% of the fault and the other motorcyclist 60%.
In this same scenario, you would be only responsible for paying 40% of the damages as that is technically all your negligence accounts for. Pure comparative fault is a favorable approach for California motorcycle accident victims, as you can still receive compensation even if you somewhat caused the motorcycle accident.
Never automatically assume after an accident that you can’t receive a payout for your damages. The only way to truly understand what you may or may not be entitled to is to enlist the help of a lawyer, who will assess your case from a legal standpoint and determine the best options you can take to receive medical bill, lost wage, pain and suffering, and even punitive damages.
What Kind Of Compensation Can I Receive After A Motorcycle Accident?
No two motorcycle accidents are alike. The compensation you may be eligible to receive differs from other cases, so it’s important to speak with a California personal injury lawyer to determine what is applicable to your unique accident case.
Most motorcycle accident personal injury cases will award medical bill compensation to injured victims. This compensation covers the cost, or reimburses expenses, for hospital visits, emergency room care, doctors’ office co-pays, prescription medication, and physical or occupational therapy.
When you get injured in a motorcycle accident, you will likely need to stay home from work for quite some time in order to nurse and heal your injuries. You should not have to miss out on money in your paycheck because of this, even if you believe the motorcycle accident was partially your fault. At The Accident Network Law Group, we help motorcycle accident victims get compensation for lost wages so they don’t have to suffer financially while they stay home to nurse their injuries.
In some cases, punitive damages are awarded in addition to actual damages in certain circumstances. Punitive damages are considered punishment and are typically awarded at the court’s discretion when one party’s behavior is found to be especially harmful. If you have suffered a motorcycle accident in which the other driver acted especially recklessly, you may be awarded punitive damages. For example, maybe the driver was driving while drunk or under the influence of drugs. In this case, punitive damages would be awarded for their egregious behavior.
If you have suffered post-traumatic stress, depression, anxiety, or a vulnerable mental state after a bad motorcycle accident, your lawyer may seek to recover pain and suffering damages as well. A bad accident can turn your life upside down, and even if you are partially at fault, you should not have to suffer debilitating mental health symptoms afterward.
Should I Get A Lawyer If I Partially Caused A Motorcycle Accident?
Any time you are involved in an accident that involved another party in any capacity, you should call a lawyer right away. Picking up the pieces and getting your life back on track after a motorcycle accident can be difficult, but it will be even harder if you do not receive the compensation you deserve. The first step you should take after a motorcycle accident is to get the medical attention you need. The second step is to call a California personal injury lawyer.
At The Accident Network Law Group, we understand you may be hesitant to seek compensation if you believe you are partly at fault for a motorcycle accident. But until you speak with an attorney about the specifics of your case, you have no idea how much compensation you may be entitled to. Considering California is a pure comparative fault state, you have a chance at recovering damages even if you caused the accident in some way.
Schedule a consultation with The Accident Network Law Group today if you suffered a motorcycle accident and are worried it might be partially your fault. Your initial consultation is free and comes at no obligation to you. We will answer your initial questions and provide advice regarding the next steps you can take to get compensation. We have offices in Costa Mesa and Riverside and will help any California motorcycle accident victim in need.