What to Do If You’re Partially at Fault in a Motorbike Accident: Legal Considerations
If you’re partially at fault for a motorcycle accident, you should avoid saying anything that could jeopardize your case at the accident scene. You can also hire a motorcycle accident lawyer to guide your case and help you recover compensation.
Even if you contributed to the motorcycle accident, you may be able to recover a fair settlement. Though your compensation could be reduced by your percentage of fault, the money you recover can help repair your bike or treat your severe injuries.
Steps to Take at the Accident Scene If You Are Partially at Fault for a Motorcycle Accident
If you believe you contributed to your motorcycle accident, there are a few steps you can take at the scene of the crash to protect your personal injury insurance claim. These include:
- Avoid discussing fault. Don’t accept the blame yourself, but don’t place it on any other parties involved, either. Instead, wait until you’ve hired a personal injury lawyer who can assess the details of your case to discuss fault.
- Call the police. When law enforcement arrives at the accident scene, they’ll create a police report. This report may include details about who they believe is at fault for the accident.
- Stay off social media. Though it may be tempting to update your friends and family about what happened, you don’t want to say anything that could compromise your chance to recover compensation.
- Consider hiring a Florida motorcycle accident attorney. They can take over all case-related communications and help you avoid missing your chance to recover fair compensation.
You may also want to avoid speaking to the other party’s insurance company. A claims adjuster will likely try to place all the blame for the accident on you. If they’re successful, this could significantly reduce the amount of compensation you can recover. When you hire a fort lauderdale motorcycle accident lawyer, they can handle all case-related communications and everything that goes into resolving your claim.
How Does Comparative Negligence Work in a Motorcycle Collision Case?
Every motor vehicle accident follows Florida’s comparative negligence laws. Based on Florida Statutes § 768.81, you can still recover compensation in an accident for which you are no more than 50 percent at fault. However, your final settlement will be reduced by your percentage of fault.
For instance, if your damages cost $100,000, but you were found 30 percent at fault for the accident, you would receive $70,000.
If you are greater than 50 percent at fault for your accident, you won’t be able to recover any financial compensation. This is why many accident victims choose to work with personal injury attorneys. Your fort myers motorcyle accident lawyer can prove another party is liable for your accident and that you deserve financial compensation.
You Can Recover Compensation Even If You Are Partially at Fault
As long as you aren’t greater than 50 percent responsible for the motorcycle crash, you may recover damages that include:
- Medical expenses
- Lost income
- Reduced future earning capacity
- Physical pain and suffering
- Emotional distress
- Other forms of mental anguish, such as post-traumatic stress disorder (PTSD)
- Scarring and disfigurement
- Property damage costs
- Loss of enjoyment of life
While the damages you can recover depend on the details of your case, most motorcycle accident victims are entitled to economic and non-economic damages.
Parties That Could Share Motorcycle Accident Liability
If you trust your case to an auto accident lawyer, they will take on all legal responsibilities after your motorcycle accident. This includes determining liability.
Potentially liable parties include:
- Drunk drivers
- Distracted drivers
- Reckless drivers
- A government entity, if poor road conditions caused the accident
- A vehicle manufacturer
- A maintenance garage (if faulty repairs contributed to your collision)
- A driver’s employer
While you could have partial fault for a motorcycle accident, there may be another liable party.
Evidence That Can Help Prove Who Caused the Motorcycle Accident
Motorcycle riders are often blamed for accidents they didn’t cause. If you retain a west palm beach accident lawyer, they will investigate all the details of your case to determine who is responsible.
In cases where you may be partially at fault, evidence is crucial to building your case. Evidence like the following may even prove you didn’t cause the accident:
- Eyewitness statements
- Expert witness statements
- Photos of the accident and your injuries
- Surveillance footage of the accident scene
- Your medical records
- The police report
Working With a Lawyer After a Crash You Partially Caused
If you think you contributed to your motorcycle accident, you might find it easier to handle your case with a lawyer on your side. One of our motorcycle accident lawyers at the Law Offices of Wolf & Pravato can manage your case.
When you bring your case to our legal team, we can assess your legal options and explain more about how comparative negligence works in Florida. Call us today at (954) 633-8270 to get started with a free initial consultation.