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Does Comparative Fault Apply to Motorcycle Accident Cases?


It’s critical to know about the comparative fault in motorcycle accident cases since it could have a considerable effect on your complete recovery. While it might be apparent that another individual was responsible for your injuries, the court must give a percentage of fault to both parties. 

By consulting with a Denver motorcycle accident attorney at our firm, you’re getting legal professionals who are knowledgeable about the laws regarding comparative negligence, crafting a case to reduce your fault percentage. 

Comparative fault is the court’s way of deciding what percentage of fault each party has in causing the motorcycle collision. For instance, if a motorcyclist sat at a four-way stop, then moved through the intersection when a motorist sped through their stop sign and hit them, the driver was completely at fault (100%).

However, if the motorcyclist made a rolling stop through the intersection when the motorist sped through the stop sign, both parties were at fault. The court could determine that the motorist was 60% at fault while the motorist was 40% at fault.

Common Causes of Motorcycle Accidents

Neglectful drivers are usually the cause of motorcycle accidents. A driver could be checking their phone and not see the biker. Motorcycle collisions commonly happen. This is typical because neither the driver nor the motorcyclist will yield the right of way to oncoming traffic.

Determining Fault in a Motorcycle Accident

To pursue a motorcycle accident case, the claimant needs to establish negligence by the defendant. This necessitates the injured party showing that the driver has a duty to operate an automobile carefully, disregarded that duty, and caused a crash. However, once a plaintiff has established negligence, comparative fault comes into play.

Comparative Negligence Defined

Comparative negligence is a legal policy that oversees civil liability in motorcycle collision cases where fault falls on more than one party.

If a victim is partially liable for their injuries, comparative negligence gives a percentage of fault to each negligent person instead of excluding the victim from responsibility completely. entirely.

What is Modified Comparative Fault?

If a biker can’t receive any compensation for damages because they’re 50% or more at fault, it’s referred to as modified comparative fault. Modified comparative fault has a fault rule of 50% or more.

Discuss Comparative Fault in Motorcycle Accidents with Our Attorneys

Courts are compelled by law to evaluate the percentage of fault for each party in an accident. If it is concluded that you were more at fault for your injuries than the defendant, you can forfeit your right to be compensated. Therefore, it’s vital to seek help from a skilled lawyer at our firm. Our trusted motorcycle accident attorneys will make a case to reduce your percentage of fault. To learn more about comparative fault in Denver motorcycle accident cases, schedule a free consultation today.

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