Explaining Comparative Negligence And How It Affects The Common At-Fault Parties Of A Motorcycle Accident
Driving a motorcycle is a joyful experience until something goes wrong with the vehicle, and it leads to a tragic disaster.
According to recent statistics issued by the government, every year in Phoenix, over 3,500 crashes take place, causing over 3,000 injuries and around 150 fatalities.
The NHTSA of Arizona reported that in 2010, motorcycle collisions accounted for 14% of all traffic fatalities across the country, and around 82,000 were crippled in 2011.
Although the citizens are realizing the dangers of the city’s streets and wearing helmets, the number of accidents continues to escalate.
While it puts the rider’s life at risk, the victim also experiences fatal injuries. But the driver is not at fault each time. Sometimes, the sufferer is also partly answerable for triggering the disaster.
If you have experienced a similar situation and are wondering if you are eligible to claim compensation, the answer is yes.
This blog will teach you what you should know about comparative negligence in a motorcycle crash, so you can take the right action if such an incident happens.
Situations Where You Can Hold Different Parties Liable For A Motorcycle Collapse And Claim Compensation
Each side plays a part in causing a mishap, whether it is the rider, passenger, or victim. Sometimes the partial responsibility is so evident that none of them is excluded from receiving a settlement.
You can challenge reimbursement by suing in court. However, the amount of coverage depends on the degree of liability.
For instance, if the jury deems you 50% or more responsible for the accident, you cannot make a claim. But if you’re less than 50% liable, you can ask for reimbursement for the percentage of casualties caused by the other side. It means your protestation amount will reduce according to your proportion of liability.
Read on if you’re curious to know who can be held liable for a motorcycle accident so you can seek compensation.
Motorcyclist Or Driver
An advocate thoroughly reviews the situation to establish liability so that the responsible party receives a fair settlement. If you have been injured by a motorcyclist but are partly responsible for causing the crash, you can still claim payment for your losses.
The tribunal will establish how much your negligence contributed to the disaster. If your liability is below 50%, you will receive compensation after deducting the amount in proportion to your fault. But if it is 50% or more, you cannot ask for compensation.
Motorcycle Manufacturer
If there is sufficient evidence to demonstrate mechanical issues with the bike, the manufacturing firm can be held responsible. Mechanical defects include bad brakes, risky designs, punctured tires, broken steering, or faulty computer system. But the manufacturer can only be held responsible up to a certain degree.
You can receive money provided the other party is at least 1% accountable for the accident. But if you are 100% accountable, you have no lawsuit and are not eligible for funds.
The Passenger
If you have been severely injured due to the negligence of the passenger accompanying the motorcyclist, you can claim reimbursement for hospital bills and other hardships. But you must collect as many details about the crash as possible to explain the incident in court.
Even if you are 50% or more liable for the accident, you will still receive damages for the scope of the mishap, which is the other party’s responsibility.
Wrapping Up
When there is a motorcycle collision, the responsibility for the accident is divided among those who are responsible. The advocate will establish the degree of neglect on each side to reduce the compensation by that amount.
If you or a loved one has been crippled by a careless driver or passenger, request help from an advocate to hold them liable for their wrongdoings.
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