What is contributory negligence and how does it affect a motorcycle accident claim?
Contributory negligence is a legal concept used in determining the damages awarded to a plaintiff in a motorcycle accident claim. When contributory negligence is found to have been involved, the plaintiff’s damages may be reduced or the plaintiff may be barred from recovering at all. In Washington, the legal concept of contributory negligence is meant to address fault on both sides of an accident. If the defendant is found to be primarily at fault, but the plaintiff is also judged to have acted negligently, then the plaintiff’s damages may be reduced. This could be in the form of reduced compensation or even a bar to any compensation at all. Some factors that might contribute to the plaintiff being found to be partially negligent would include not wearing proper protective motorcycle gear, driving without a license or insurance, or driving while impaired by alcohol or drugs. Additionally, if a plaintiff was found to have been speeding or driving recklessly, they could be considered to have contributed to their own injury and their damage award could be reduced or denied. In conclusion, contributory negligence is an important consideration in determining the amount and type of damages a plaintiff may receive in a motorcycle accident claim in Washington, and any action or inaction taken by the plaintiff before the accident could influence the judgement.
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