Collecting Compensation When You’re To Blame for a Motorcycle Crash

Motorcycle Accident Lawyer

As a motorcycle accident lawyer in MD from a law office like  the Law Firm of Frederick J. Brynn, P.C. can explain, when an auto accident occurs, there’s typically one party at fault and another party not at fault. 

If your accident was partially your own fault, is there a way you can collect compensation from the insurer? In the case of a motorcycle accident, there’s a possibility you could collect at least partial compensation when you’re partially to blame.

States With Comparative Fault

In states with a comparative fault system, you can often receive compensation minus the percentage you were at fault for the accident. For example, if your motorcycle accident was 80% your fault, you could be able to collect 20% compensation. To prove you hold less responsibility, you need to have solid evidence, so it’s important to always keep track of witnesses, medical bills and photographs of the scene.

States With Modified Comparative Fault

In states that have a modified comparative fault system, you can receive compensation to a certain percentage if you are less than 50% or 51% at fault for the accident. The percentage threshold depends on the state you’re in. Your compensation would be reduced by the percentage of fault you have in the accident. For example, if you are in a motorcycle accident and the court determines you hold 30% of the blame, you would only be able to collect 70% of the compensation.

States With Contributory Fault

In states that have a contributory fault system, you will not be able to collect any compensation if you hold even a small percentage of blame in your motorcycle accident. For example, if a court determines that by paying better attention, you could have avoided a crash caused by another motorist, you might be assigned a small percentage of blame, such as 5%. Even that small 5% would eliminate your ability to seek compensation.

How To Seek Compensation Elsewhere

If you feel the insurance company isn’t offering you as much as you deserve, you might be able to file a lawsuit. Medical expenses, lost income, pain and suffering, property damages, and punitive damages might be necessary for you to fully financially recover from your accident, and if someone else caused the situation, you should be compensated. A lawyer can help create and file a document to sue the other driver or individual who caused the accident.

Getting Started Today

The law is different from state to state, so when you’re in a motorcycle accident, you should speak with a lawyer who can explain what you’re up against. Contact a motorcycle accident lawyer today so you can get started.