If someone is injured in a motorcycle accident, they are entitled to compensation for financial losses and injuries. The monetary rewards may be determined according to the severity of the injuries. In some cases, monetary benefits might be reduced if someone acted negligently during a crash.
Savannah motorcycle accident lawyer explain some negligence factors that may affect your compensation amount.
Failure to Wear a Helmet
Some accidents may have severe consequences if a rider fails to wear a helmet. If a defendant proves you were not wearing a helmet during an accident, your compensation may be reduced. Not wearing a helmet may also constitute a violation of state law.
Therefore, all passengers must wear a high-quality helmet when operating a motorcycle. Do not wear a helmet in poor condition or one that is cracked.
Understanding Comparative Negligence
Comparative negligence is a system where you can receive compensation even if you are 99% at fault for the accident. However, the size of the compensation will be reduced depending on your degree of fault.
For instance, let’s assume that the court decides on a compensation amount of $15,000 in an accident case. However, if they find you 30% accountable for the injury, you may receive only $10,500 in compensation.
Speeding by the Rider
Your compensation may be reduced if the rider was speeding. If you are found to be speeding and engaging in reckless driving, you may receive less compensation. In such cases, jurors may decide the percentage of compensation based on how much each party contributed to the accident.
For instance, comparative negligence might apply when the motorcycle’s headlamps, brake lights, and tail light malfunction. In such cases, drivers may not see clearly, which could result in an accident.
Pure Comparative Fault
In pure comparative fault, the victim party must collect evidence of damages, even if 99% of the fault lies with the other party. However, the jurors will determine the compensation after reducing the percentage of fault assigned to the motorcyclist.
The exact compensation may be decided based on medical bills and the extent of injuries a person sustains in an accident.
Discussing Fault with a Motorcycle Attorney
The court may require sufficient evidence to analyze each party’s percentage of fault in a motorcycle accident. However, you may lose compensation if you were found to be more responsible for your injuries than the other party.
Therefore, hiring the best accident attorney to maximize your compensation is imperative. Consult with an experienced motorcycle attorney to handle your accidental injury case.
