Understanding Fault and Liability in Motorcycle Accidents in California

March 24, 2023

Understanding Fault and Liability in Motorcycle Accidents in California 

Motorcycle accidents can be devastating and cause severe injuries to riders, often resulting in mounting medical bills, loss of income, and pain and suffering. There are several legal issues to consider after a motorcycle accident, including how fault is determined, who is liable for the damages, and how compensation is calculated. As a California resident, it is essential to understand these legal principles to protect your rights after an accident. In this blog post, we will explore fault determination, liability, and compensation calculation after a motorcycle accident in California.


How is fault determined in a motorcycle accident in California?

In California, fault in a motorcycle accident is determined based on negligence. Negligence determines who caused the accident by violating a legal duty owed to the victim. Negligence may occur due to reckless driving, speeding, violating traffic rules, driving while intoxicated, or failing to exercise reasonable care. California follows a pure comparative negligence rule, which means that each party's fault is determined and apportioned a percentage of fault. The victim's compensation is reduced by their percentage of fault in the accident. For example, if a rider is 30% at fault for an accident and suffered $100,000 in damages, their compensation would be reduced by 30% and would receive $70,000.


Who is liable in a motorcycle accident in California?

Liability in a motorcycle accident is determined by comparative negligence rules in California. This means that multiple parties can be found liable for the accident, and each party's fault is apportioned. Liability may be attributed to the rider, other drivers involved in the accident, the motorcycle manufacturer, the public entity responsible for the roadway's maintenance, or even the motorcyclist's passenger. It is essential to consult with an experienced personal injury attorney to identify all parties responsible for the accident to recover full compensation for the damages.


What are my options if I was the victim of a motorcycle accident?

After a motorcycle accident, the victim has several legal options to recover compensation for their damages. The victim can file a personal injury claim, negotiate a settlement with the at-fault party, or file a lawsuit in court. The victim has two years from the date of the accident to file a lawsuit, so it is vital to act quickly to ensure that their rights are protected. A qualified personal injury attorney can evaluate the victim's case, help determine the appropriate legal action, and pursue the maximum compensation possible.


How is compensation calculated in a personal injury case?

The compensation in a personal injury case is calculated based on several factors such as medical expenses, lost wages, property damage, pain, and suffering, and emotional distress. An experienced personal injury attorney can evaluate and assess the victim's overall damages and develop a compensation demand that will cover all losses related to the accident. In most cases, compensation is calculated in negotiations with the at-fault party's insurance company.


Who pays compensation to the victims in a motorcycle accident?

The at-fault party's insurance company is responsible for paying compensation to the victim. In some cases, if the at-fault party has inadequate insurance coverage or is uninsured, the victim may be able to recover compensation from their own insurance company through uninsured/underinsured coverage. It is essential to consult with an experienced personal injury attorney to identify all possible avenues for compensation and pursue the maximum compensation possible.


Navigating the legal complexities of a motorcycle accident can be challenging, but an experienced personal injury attorney can help you protect your rights and get the compensation you deserve. At The Law Offices of David R. Denis, P.C., we are committed to providing personalized legal representation to our clients' best interests. If you or a loved one has been injured in a motorcycle accident in California, please contact us for a free consultation to learn how we can help.

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