Motorcycle Accidents and Comparative Fault: How Attorneys Can Help You Get Compensation
Financial liability is assigned to parties in a motorcycle accident case based on each party’s actions that caused or contributed to the collision. If you or someone you love was injured in a motorcycle accident, a local motorcycle accident lawyer can investigate its cause. Their legal guidance and support can help you prove you did not contribute to the accident at all.
A motorcycle accident attorney can also prove your role in the accident was minimal and that you are still entitled to recover damages. Comparative fault in boynton beach motorcycle accidents accident is complex. Attorneys can get you compensation by determining the distribution of negligence and liability. They will build a strong case file and take on the at-fault party and their insurance provider on your behalf.
What You Need to Know About How Motorcycle Accident Fault Sharing Works
If the state where your accident occurred has comparative fault laws, you could collect compensation even if you inadvertently contributed to the accident’s cause. Generally, in comparative negligence states:
- You can recover compensation if less than half of the accident’s cause is attributed to you. Any compensation you do receive will be decreased by your percentage of fault—if 30% liability is assigned to you, your monetary award will be reduced by that amount.
- If more than half of the accident’s fault is assigned to you, you will not recover any compensation at all. Instead, you and the other involved driver will each cover your own post-accident expenses and losses.
A primary benefit of hiring a motorcycle accident lawyer is their ability to explain and protect your rights. They will also conduct a comprehensive investigation that will lead to an accurate determination of financial liability.
How a Motorcycle Accident Attorney Proves Financial Liability
Without legal support, it can be hard to dispute allegations of liability or prove the other driver caused or contributed to your motorcycle crash. When a lawyer handles your case, they prove negligence and liability by assembling evidence that tells the story of the accident. It can include:
- Dashcam and traffic camera footage
- Eyewitness statements
- Accident reconstruction reports
The evidence your legal team collects will also include employment records, medical bills, and other documents that prove the accident’s financial consequences. Your lawyer will not tax you or your family with ordering or collecting evidence. They will build your case file for you while you concentrate on getting better.
Financial Recovery via Motorcycle Accident
A west palm beach motorcycle accident lawyer can leave you with costly and severe injuries. The cost of treating your injuries can be recovered from the at-fault party in accordance with the comparative fault laws of your state. In addition to medical bills, you can recover:
- Medical expenses, including hospital stays, rehab, and therapy
- Full-time, part-time, freelance, consultancy, and other losses of income
- Motorcycle damage, destruction, or diminished value
- Physical and emotional pain and suffering, disability, and disfigurement
Motorcycle accident wrongful death damages are recoverable if your family lost a loved one in a fatal collision. Your attorney will assess the types of damages you can recover in your case and collect the documents that prove their monetary value.
Do Not Wait to Establish Financial Liability After a Motorcycle Accident
Proving liability and building a personal injury claim takes time. It also takes time for the accident’s costs to be documented. While your fort Myers motorcycle accident lawyer handles this for you, they will also file your lawsuit within the allotted time. Your personal injury attorney takes this step to protect your right to recover damages. If the applicable filing deadline expires, you could be prohibited from filing your lawsuit at all. Whenever possible, your lawyer will strive to resolve your case with a favorable monetary settlement.
The Elements of Negligence That Define Motorcycle Accident Liability
All drivers on the road—passenger car drivers, commercial drivers, and motorcyclists—owe each other a duty of care. They are responsible for driving safely and in accordance with their state’s rules of the road. If they fail to do so, they could be found negligent and liable for the accident’s costs.
The elements of negligence your evidence must prove include:
- Duty of care
- Breach of duty
Without fort lauderdale motorcycle accident lawyer legal representation, it can be challenging to prove these elements. It can be even more challenging to document them. Your legal team will do so for you and build the strongest possible case for financial recovery.
Call Our Motorcycle Accident Team Now
Understanding comparative fault in motorcycle accidents and how our attorneys can get you compensation is important. If you or someone you love was injured in a motorcycle accident, our fort lauderdale personal injury lawyers will take on the responsible parties and their insurance company for you.