What is comparative negligence and how does it affect a motorcycle accident claim?
Comparative negligence is a legal principle that applies to cases in which two or more parties are involved in an accident. This principle holds that each party’s negligence in causing the accident should be taken into account when deciding who is liable for damages. In California, the doctrine of comparative negligence follows a “pure comparative fault” system, which means that any party found to be partially at fault for an accident can recover damages, but they will be reduced in proportion to their degree of fault. In the context of motorcycle accident claims, comparative negligence can have a major impact on the amount of damages that victims are able to recover. If the court finds that the rider of the motorcycle was partially at fault for an accident, the amount of damages they could potentially recover could be significantly reduced. The same goes for any other involved parties, such as the driver of the other vehicle or a third-party property owner. In order to ensure that you are able to recover the maximum amount of damages from a motorcycle accident claim, it is important to retain the services of an experienced personal injury attorney. With the help of a skilled attorney, you can present the strongest possible defense to limit your comparative negligence and ensure that you receive the compensation that you deserve for your damages.
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