What is comparative negligence and how does it affect a motorcycle accident claim?

Comparative negligence is a legal principle used to determine fault and assign liability in some cases, such as motorcycle accident claims. In a situation where comparative negligence applies, responsibility for the accident and resulting injuries or damages are divided among those involved. Generally, the degree of each party’s negligence is evaluated and the amount of fault attributed to each is proportionally indicated. In the state of Florida, the doctrine of comparative negligence uses a modified comparative fault system referred to as the pure comparative negligence rule. This rule allows a plaintiff to recover a proportionate share of damages even if the plaintiff is found to be 99% at fault for the accident. However, the damages are limited to the degree of the defendant’s negligence. For example, a motorcycle accident claim where the defendant is found to be 55% at fault would limit the award of damages to 45%, regardless of the degree of negligence attributed to the plaintiff in the accident. Comparative negligence is just one factor considered when determining fault in a motorcycle accident claim in Florida. Other factors, such as the speed of the vehicles involved in the accident and any negligence on the part of the vehicle manufacturer or other third parties, may also be taken into consideration.

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What is comparative negligence and how does it affect a motorcycle accident claim?

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