If you were injured by a negligent driver while on your motorcycle, then you may be entitled to compensation. If you think that you might be partially at fault, then you still could receive damages. What you can ask for depends on how your state deals with negligence. Most states have either comparative negligence laws or contributory negligence laws.
What Is Comparative Negligence?
With comparative negligence, you are allowed to seek compensation even if you have partial fault. If you live in a state with comparative negligence laws, then there may be one of a couple of different rules that your state follows. For instance, some states have pure comparative negligence laws. In these states, you can sue for the damages that you suffered, minus your contribution. Even if you were mostly responsible, you can still recover a small amount for damages.
Other states have modified comparative negligence laws. In these states, the other driver has to be more than half responsible for the accident for you to be able to ask for damages. There are different variations of this law in different states. It is important to know what your state says specifically about comparative negligence. For instance, you cannot recover any money in Hawaii if you are more than 51 percent responsible. In Michigan, however, you may be able to still request damages, but they will be reduced.
What Is Contributory Negligence?
Contributory negligence states are all or nothing states. If you had any fault in an accident then you cannot recover any compensation for the injuries of your accident. In these states, you must have a lawyer when you file your claim. You need to be able to prove with evidence that you had no fault in the accident so that you can recover damages.
Lawyers have the knowledge and experience necessary to build a solid defense for your case. If he or she feels like you were not even one percent at fault, then you can trust the lawyer to defend you against insurance companies and in front of a judge if the case goes that far.
After a motorcycle accident, you may be entitled to compensation. Depending on your state, if you have partial fault, you may have some difficulty receiving the money that you deserve. For complicated cases, it is important to have a consultation with a motorcycle accident lawyer, like from John K. Zaid & Associates, as soon as possible.