Can I Still File A Claim If I Was Partially At Fault For The Motorcycle Accident?

Being involved in a motorcycle accident can be a traumatic experience, especially when you share some fault. This FAQ clarifies whether you can still file a claim in such cases.

Understanding Comparative Negligence

In many jurisdictions, laws operate under a system known as ‘comparative negligence.’ This legal principle allows you to pursue compensation even if you were partially at fault for the accident, although your compensation may be reduced according to your degree of fault. Here’s what you need to know:

  • Under this system, each party’s fault is expressed as a percentage.
  • Your compensation will be reduced by your percentage of fault.
  • For example, if you were found to be 30% at fault and awarded $100,000, you would receive $70,000.
  • Florida’s laws surrounding comparative negligence have recently changed, so be sure to consult with an attorney who is familiar with these legal changes.

Role of Insurance Companies

Remember, insurance companies have an interest in minimizing payouts. They may:

  • Attempt to assign more fault to you to reduce the compensation.
  • Argue that your actions significantly contributed to the accident.

Legal Support is Critical

In such situations, having a competent legal team can make a difference. An experienced attorney can:

  • Argue against any unfair allocation of fault.
  • Advocate for your rights and fight for fair treatment.
  • Guide you through the complex legal processes.

Filing A Claim

If you’re partially at fault, you may be able to file a claim. Here’s what you should do:

  • Consult with an attorney before making any statements to the insurance company.  
  • Document the accident scene and gather as much evidence as you can.

The Ruth Law Team is Here to Help

While the legal process may be daunting, remember that the aim is to ensure you receive the full and fair compensation you deserve. To navigate these complexities, contact The Ruth Law Team at (888) 783-8378. Our experienced attorneys are here to support and guide you. You can also visit us by appointment at one of our Florida Law Offices, Minnesota Law Offices, or Georgia Law Offices.

Please note that the answers to each question may vary depending on the specific facts of your case, and it is always advisable to consult with an attorney to get more accurate information. This is general information, not legal advice.