How Can I Maximize My Compensation after a Motorcycle Injury in Escondido, California?
The last thing any motorcyclist wants is to get into an accident with a large vehicle, or with any vehicle at all for that matter. Since motorcycles are so small and they do not shield and cover the driver completely, the legalities surrounding a motorcycle accident are quite different from other accidents which generally occur on the road.
A few factors which may differ between a motorcycle accident and a larger vehicle accident are:
- The cause of the accident
- The severity of injuries which result
- Determining the fault of the drivers
A car hit me while I was riding a motorcycle, what can I do to get compensated?
If a motorcyclist was hit by a car on the road then they should contact a motorcycle accident attorney in Escondido, CA as soon as possible. A lawyer who specializes in dealing with accidents regarding motorcycles can help a person claim as much compensation as possible. How much compensation a person receives depends largely on the detailed matter of the case, specifically:
- How badly the motorcyclist was injured
- If the car driver faced injuries as well
- If the motorcyclist acted irrationally
- If the car driver broke laws
- The driving conditions on the road at the time of the accident
Ordinarily, a motorcyclist will be able to claim a lot more if they were not at fault and if they suffered a lot of damage to their motorcycle or they suffered injuries due to the accident.
Driving a motorcycle can be dangerous all on its own. Statistics show that 35% more deaths occur in motorcycle accidents as compared to other vehicle accidents. Anyone who is driving a motorcycle should make sure they are following all of the safety precautions and that they are being as safe as possible.
Contributory negligence VS comparative negligence in motorcycle accidents
Depending on which state a person resides in, their compensation will be determined based on how much of the accident was actually their fault, and how much of the accident was the fault of the other driver.
Comparative negligence states: A comparative negligence state is basically a state which follows the rules of giving a percentage of fault to each driver. If the motorcyclist was speeding but the car driver also merged lanes without checking their blind spot then both parties may be held responsible. The car driver may be held 70% responsible, whereas the motorcyclist may be held 30% responsible. In this case, if the car driver owes $100,000 in compensation, they will only have to pay back $70,000 since 30% was the fault of the motorcyclist.
Contributory negligence states: Contributory negligence is a lot less complicated. In states which practice contributory negligence, all one party has to do is prove that the other party was indeed at fault as well and they will completely be forgiven from giving any compensation. Say in the above scenario, if the car driver can prove the motorcyclist was speeding, then the motorcyclist may not be entitled to receiving any compensation at all.
Luckily, Escondido, CA is a pure comparative negligence state so a person has a lot more chances of walking away with some sort of financial gain. Getting in touch with a motorcycle accident lawyer can help a person figure out where they stand and how they can fight their case in the best way possible.
