What is comparative negligence and how does it affect a motorcycle accident claim?
Comparative negligence is a legal concept that states that if both the plaintiff and defendant are found to be at fault for an accident, the amount of financial compensation awarded to the plaintiff is lowered according to the percentage of fault attributed to them. In Washington, comparative negligence works in a pure form, meaning that any percentage of fault attributed to the plaintiff will result in a decreased settlement. For example, if the plaintiff were found to be 25% at fault for a motorcycle accident that resulted in minor injuries, they would only be able to recover 75% of the settlement amount that they would have been entitled to. In more extreme cases, if a plaintiff were found to be 50% or more at fault for a motorcycle accident, they would be unable to receive any compensation from the defendant at all. Essentially, comparative negligence can have a significant effect on motorcycle accident claims in Washington as it restricts the amount of financial compensation a plaintiff can receive. Both parties involved in the accident must be held accountable for their respective actions in order for the court to determine the amount of compensation to be paid. As such, it is important that a claimant has an experienced attorney representing their case who can make sure that their rights are protected and that they are not made to bear an unfair portion of the responsibility for the accident.
Related FAQs
What is comparative negligence and how does it affect a motorcycle accident claim?What evidence do I need to prove negligence in a motorcycle accident claim?
What should I do if the other driver involved in my motorcycle accident doesn’t have insurance?
Can I still receive compensation if I was partially at fault for my motorcycle accident?
What is the average wait time for a motorcycle accident claim to be settled?
What should I do if my motorcycle accident claim is denied?
What is contributory negligence and how does it affect a motorcycle accident claim?
How can I prove my losses in a motorcycle accident claim?
How long do I have to file a motorcycle accident claim?
What kinds of compensation can a motorcycle accident victim receive?
Related Blog Posts
Understanding Your Rights After a Motorcycle Accident - July 31, 2023Motorcycle Accident Laws You Need to Know - August 7, 2023
What You Need to Do Immediately After a Motorcycle Accident - August 14, 2023
Negotiating with Insurers After a Motorcycle Accident - August 21, 2023
How to Obtain Motorcycle Accident Law Compensation - August 28, 2023