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What Is Comparative Negligence And How Does It Apply To Motorcycle Accidents?

April 22, 2015 by Michael Waks

comparative negligenceMotorcycle accidents often result in serious injuries or wrongful death, and significant damages. For that reason, the insurance company representing the at-fault driver in a motorcycle accident case will almost always claim there was comparative negligence, and that the motorcyclist was at least partially to blame for his or her own injuries or death.

What is Comparative Negligence?

Comparative negligence is a legal theory used in personal injury cases. The theory is that sometimes all parties involved in an accident contributed in some way to the accident. Comparative negligence attempts to assign the appropriate percentage of the blame to each party. In California, the jury assigns a percentage of the fault to plaintiff and to the defendant. Whatever compensation is awarded to the plaintiff (the injured party) is then reduced by the percentage of the blame the jury assigned to him or her.

In a motorcycle accident where the defendant is assigned 100% blame and the plaintiff is assigned 0% blame for causing the accident, the plaintiff will receive 100% of the damages as compensation for injuries caused by the defendant. If; however, the jury assigns 60% blame for the accident to the defendant and 40% blame to the plaintiff, the plaintiff will only collect 60% of the damages suffered by the plaintiff as a result of the accident. By way of example, if the damages suffered by the plaintiff was $100,000, and the jury assigned the plaintiff 40% blame for the accident, the defendant would only need to pay the plaintiff $60,000 for damages.

Unlike some other states, California has adopted what some people refer to as a “pure” comparative negligence standard. This means that even if the plaintiff is deemed by the jury to be 99% to blame for the accident, he or she is entitled to recover 1% of his or her damages from the defendant.

Comparative Negligence Can Hurt a Motorcycle Accident Case

Comparative negligence can be particularly difficult in a motorcycle accident case because unfortunately, many individuals believe a negative stereotype of motorcyclists. Motorcyclists are painted as people who love to take risks, weave in-and-out of traffic and speed. Insurance companies use these negative misconceptions to try and place blame, at least partially, on the motorcyclist.

To protect against this, motorcyclists, or their families, should seek the advice of a personal injury attorney who is experienced in handling motorcycle accident cases.

Call an Experienced Long Beach Motorcycle Accident Attorney for More Information

Your Injuries are Personal to Me

My law practice exclusively represents personal injury victims and does so with a deep understanding of their suffering and an absolute commitment to their recovery. I take your injuries personally, and that is why I directly handle all aspects of every case to ensure that you receive maximum compensation.

Call the Law Office of Michael D. Waks at 888-394-1174 or use the convenient online contact form to schedule a free consultation. You are under no obligation and you will never pay any money unless you recover damages for your injuries. I offer bilingual services as part of my comprehensive approach to legal representation and I am available 24/7 to talk to you about your case.

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Michael Waks
Michael Waks
Michael Waks is an aggressive advocate for people who have suffered because of someone else’s actions. Michael decided to become a personal injury lawyer when, while clerking at a legal defense firm during law school, he witnessed and was infuriated by asbestos manufacturers spending millions to avoid taking responsibility for the egregious injuries they caused. Immediately after passing the bar, Michael opened his own firm in Long Beach, CA to help the victims of personal injury accidents get every benefit owed them under the law.
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About Michael Waks

Michael Waks is an aggressive advocate for people who have suffered because of someone else’s actions. Michael decided to become a personal injury lawyer when, while clerking at a legal defense firm during law school, he witnessed and was infuriated by asbestos manufacturers spending millions to avoid taking responsibility for the egregious injuries they caused. Immediately after passing the bar, Michael opened his own firm in Long Beach, CA to help the victims of personal injury accidents get every benefit owed them under the law.

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