With its 840-mile coastline, California is the perfect place for carefree motorcycle riding. Unfortunately, however, California also experiences a high number of motorcycle accidents every year. These accidents are often devastating for riders, who suffer terrible injuries and, as a result, heavy financial burdens.
If you own a motorcycle in California, knowing how the law applies to motorcycle accidents is important. California follows pure comparative negligence rules, which means plaintiffs can claim damages even if they are 99% at fault for an accident.
How Pure Comparative Negligence Law Works in Motorcycle Accidents
Comparative fault laws apply in situations where plaintiffs are injured due to negligence. This includes car crashes, motorcycle accidents, slips and falls, and medical malpractice.
If you are involved in a motorcycle crash in California, a jury will decide whether you share a percentage of blame for the accident. The jury will also determine what that percentage is. Moreover, your eventual compensation in a personal injury case will be reduced by that percentage.
If, for instance, you are 30% to blame for the accident and you suffer $100,000 in damages, you can only claim 70% of these damages, which equals $70,000.
The idea behind this system is to allocate responsibility fairly, even if more than one party, including the motorcyclist, is to blame for an accident.
How Pure Comparative Negligence Laws Benefit You
It is no secret that motorcyclists face unfair bias and are stereotyped when it comes to accidents. More often than not, it is assumed that the biker was reckless on the road and, therefore, to blame for an accident.
In cases like this, pure comparative negligence laws help prevent unfairness. These laws acknowledge that accidents can have several contributing factors. And, if you are in an accident, these laws will ensure that the blame does not fall automatically on you just because you ride a motorcycle and wear a leather jacket.
Pure comparative negligence shifts the focus away from the ‘offending’ vehicle and rider. Instead, it aims to establish the actions that led to the accident.
Better yet, you can also receive compensation for any injuries you may sustain, even if you are found to be partially to blame for the accident. This is in contrast with other states, where modified comparative negligence rules prohibit this.
Pure Comparative Negligence Rules Also Come With Challenges during motorcycle accidents
Aside from preconceived notions, there are also a few caveats with pure comparative negligence. For example, if you did not wear a helmet or protective gear during the accident, it may increase your percentage of fault (contributory negligence).
Moreover, when the accident is reconstructed, the events leading up to the crash may be too complex to see things from your point of view as a motorcyclist.
What You Should Do After a Motorcycle Accident
If you were involved in an accident in California, there are several steps to follow. After moving to a safe place, if possible, you must get medical attention whether you have visible injuries or not. Sometimes, adrenaline can flood the body to the extent that it overpowers serious injuries. Getting immediate medical care can help you establish how many injuries you have and how severe they are.
If you feel well enough at the accident scene, use your phone to take photos of the vehicles involved as evidence. Ask for a copy of the official police report and speak to bystanders to determine if they saw what happened. Ask for witnesses’ contact details. They may be able to provide a statement later.
Hiring a personal injury lawyer is crucial if you want to file a personal injury case. Your lawyer will help gather more evidence and investigate the cause of the accident. Your lawyer will also fight for the compensation you deserve. This means the lawyer will negotiate with all relevant insurance providers, especially when they try to force you to settle for less.
Types of Damages You Can Claim
Under the pure comparative negligence law, you can claim compensation for lost wages, medical expenses, property damages, and pain and suffering. If the accident was severe and you sustained catastrophic injuries because of another driver’s negligence, you may be able to sue for punitive damages.
Securing Fair Compensation In California
No one wants to think about being in an accident, but it is always better to be prepared for the possibility. By understanding California laws for motorcyclists and hiring a lawyer to guide you through the legal process of filing a personal injury case, you can secure fair compensation after an accident.
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