Motorcycle accidents happen all the time and under an infinite number of circumstances in the state of California. While there are times when an accident is 100% the fault of the other driver, it is more likely that the accident was a combination of events and that both drivers may share some of the blame for the accident. According to California motorcycle accident lawyer Emery Ledger of Ledger & Associates, many people come into his office under the impression that if they did anything at all to contribute the accident that they are barred from receiving compensation for their injuries. Luckily for bikers in the state of California that is just not so.
Negligence is the legal word used to describe fault or blame in an accident. States are allowed to determine what theory of negligence they use when litigating accident cases. There are two basic theories of negligence: contributory negligence and comparative negligence. Under the contributory theory of negligence if you contributed AT ALL to the accident then you are barred from receiving any compensation at all for your injuries. As you might imagine, this theory of negligence can produce for very unfair results. If a plaintiff was seriously injured in an accident with medical bills of $100,000 but was 2% responsible for the accident, then they would receive nothing toward their bills much less any pain and suffering compensation. Luckily, in California, the comparative theory of negligence is used. Under the comparative theory of negligence, the negligence of all parties involved is considered and each party is assigned a percentage of the total fault. A plaintiff’s recovery amount is then diminished by their percentage of fault. In the example above under the California system of negligence the plaintiff would be entitled to the $100,000 minus 2% – or $2,000 – making their award $98,000. The comparative system of negligence allows for a much fairer outcome for injured victims.
As you can see, if you were involved in a California motorcycle accident and you share some of the fault for the accident, that may not mean that you are barred from recovering anything for your injuries. Determining negligence in a motorcycle accident can be a complicated process and one that is heavily litigated at times. If you feel that negligence is an issue in your motorcycle accident case, then you should consult with an experienced California motorcycle accident attorney as soon as possible. With the help of an experienced accident lawyer, you may be able to resolve the issue of negligence in your favor which would make you eligible to receive compensation for the physical and emotion injuries that you suffered in your accident.
If you have additional questions about negligence or any other motorcycle accident related questions, please contact the California motorcycle accident law firm of Ledger & Associates. You can make an appointment for a free and detailed evaluation of your case by calling 1-800-300-0001 or by contacting them online at www.ledgerlaw.com.
