Motorcycle Accident Lawyer
Car and motorcycle accidents happen quickly, and it isn’t unusual for drivers to feel discombobulated and confused right afterward. Some people may need to seek emergency medical attention, and there may not be time to think over how the accident occurred. A police officer who reports to the scene will interview everyone involved and take statements, assessing who is at fault. Once everything has settled, you may realize that you were partially at fault for the accident. Can you still make an insurance claim to get your damages covered? The answer depends on these negligence laws and the state you live in.
Comparative Negligence
When you live in a state that goes by comparative negligence, be prepared to receive compensation that reflects the percentage you were liable for the accident. Comparative negligence takes both drivers’ actions into consideration and splits compensation fairly between them depending on how responsible each is. If you were only a little bit at fault for your accident, you may not receive all the compensation you claimed, but you should still be awarded the majority of it.
Contributory Negligence
Contributory negligence is not so lenient on drivers who contribute to their accident. Anyone who tries to bring a claim against the other driver must be able prove that they are entirely innocent — otherwise the claim will get tossed out. Even if you only contributed to the accident by 10%, you cannot get covered by the other driver’s insurance.
Mixed Comparative and Contributory Negligence
Some states allow plaintiffs to claim compensation from the other driver if they were less than 50% responsible for the accident. In these states, you can still make a claim if you were partially at fault. However, the other driver may fight you over your claim of majority innocence. You need to have plenty of proof that you deserve compensation from their insurance. Gathering evidence like photos of the accident, witness statements and the police report can help back up your claim.
Other Laws
If your state goes by no-fault laws, then everyone in that state can only file a claim with their own insurance companies. This prevents arguments over fault and gets compensation to victims sooner.
If you aren’t sure about your innocence in an accident, talk to a lawyer who understands the law and how similar cases have played out in the past. They can provide professional advice and opinions on whether you can make a successful claim from the other person’s insurance company. A local attorney or law firm, like the motorcycle accident lawyers, at David & Philpot, PL, likely have the resources to help you choose the best course of action for recovery.
