Comparative Fault in a Motorcycle Accident

Comparative fault in a motorcycle accident is the same as comparative fault in any other type of personal injury claim. Comparative fault is a legal doctrine that permits you to recover a portion of your damages, even if you were partially at fault for the accident. It is an alternative to a contributory negligence system in which a plaintiff who is partially negligent or partially responsible for his own injuries is not able to recover damages.

Motorcycle Accidents and Fault

Motorcycle accidents are judged by the same standard that car accidents are judged by. This means if you live in a no fault state, no fault rules apply. If you live in a fault state, fault or tort rules apply.

Under no fault rules, you are not permitted to sue for a motorcycle or car accident unless your injuries are "serious" as defined by the law. Serious injuries can include permanent injuries or injuries that cause you to be disabled or disfigured. For injuries not considered serious, you can recover medical bills and lost wages only from your own insurance company under personal injury protection coverage (PIP)
In fault states, you can recover your damages for the motorcycle accident from the person responsible for causing the accident. You can either sue that individual and collect your damages in a lawsuit or you may accept an offer from his insurance company and settle the case without involving the courts.

Comparative Fault Rules

Sometimes, there is no one single person at fault for the accident. For example, if the driver of a motorcycle was negligent but the driver who hit him was also negligent, both parties can be considered to be at fault. In a comparative fault state, this shared fault does not bar either party from suing to try to recover his damages from the other driver.

When one person sues, if he wins the case and the jury finds the defendant negligent, then the jury names a damage award. If the plaintiff who wins this damage award was found to be partially at fault, his damage award is simply reduced by the amount of fault that is his. So, if a plaintiff had a $100,000 damage award but was found to be 20 percent at fault, he would receive only $80,000 (or 100 percent - 20 percent).

Getting Help

If you have been involved in a motorcycle accident, you should consult with an experienced personal injury attorney as soon as possible. Your attorney can explain the fault rules that apply in your state and can help you to decide what your best course of action is in light of the situation and the laws. He can also help you to file a lawsuit and prove that the other party was at fault so you can maximize your damage award.

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