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Determining how to prove fault in a motorcycle accident in California can be challenging at best. If you\u2019ve suffered an injury from a motorcycle crash, figuring out how to prove the other driver was at fault is probably one of the last things on your mind, especially if you\u2019re recovering physically and emotionally from a serious injury.<\/p>\n
However, if you want to recover compensation for your accident, proving fault is a critical component of your personal injury lawsuit. In this blog, our team from Power Legal Group in Los Angeles explains the legal issues regarding proving fault, which is one cornerstone of trying to argue, win, and collect a compensation settlement.<\/p>\n
The California courts determine a percentage of fault in motorcycle and car accidents using the comparative fault law, which is easy to understand once you know the requirements.<\/p>\n
California\u2019s comparative fault law benefits everybody: It allows both accident victims to seek compensation for their injuries, even if they partially share the blame for the crash. But, there\u2019s a catch: The jury will assign a percentage of fault for both drivers, which the judge will then use to calculate the case\u2019s total damages.<\/p>\n
For example, if your percentage of fault in a traffic accident is 30% with a total damage determination of $100,000, you would only receive $70,000. Even if the courts determine your percentage of fault is the majority (over 50%), you can still seek compensation from the other driver for your injuries, including pain and suffering, lost wages, medical expenses, property damage, etc.<\/p>\n
As a motorcycle rider in California, you\u2019re subject to traffic laws and mandatory minimums for insurance. Here is the required coverage you\u2019ll need to drive your motorcycle legally:<\/p>\n
Whether you\u2019ve been in a motorcycle accident or car accident, proving the other driver\u2019s fault and percentage of responsibility is essential to bolster your personal injury lawsuit. California\u2019s laws require a plaintiff to demonstrate five major elements.<\/p>\n
If you can\u2019t show those five elements, it will be difficult to prove a standard negligence claim for a motorcycle or car accident, lowering your chance of receiving a settlement or collecting cash compensation. The same burden also falls on the other party if they plan to seek compensation from you.\u00a0\u00a0<\/p>\n
1. Duty:<\/strong> Every driver on the road has a legal duty to behave in a manner that won\u2019t cause harm to other motorists.<\/p>\n 2. Breach of Duty: <\/strong>You must prove that the other party is in breach of their duty to behave with reasonable care toward other drivers.<\/p>\n 3. Cause in Fact: <\/strong>Next, you must show that the other driver\u2019s negligence caused the traffic accident, your injuries, and other damages.<\/p>\n 4. Proximate Cause:<\/strong> This element determines whether your injuries were foreseeable due to the other party\u2019s actions (i.e., negligent driving).<\/p>\n 5. Damages<\/strong>: As the injured party, you must prove that the motorcycle accident you were in caused harm, like lost wages or physical injury.<\/p>\n Although we\u2019re discussing how to prove fault in a motorcycle accident in California, the same general guidelines apply if you were driving along the Golden State\u2019s highways and got into a car accident. Proving negligence or fault in personal injury cases isn\u2019t easy, especially when you\u2019re up against the other driver\u2019s insurance adjuster and their interpretation.<\/p>\n Collecting evidence and recording details about your accident is an important part of your personal injury case. Here\u2019s what injured motorcycle accident victims typically need to prepare in terms of evidence:<\/p>\n No matter the severity of your injury, choosing an experienced motorcycle accident attorney to assist with your case is just as important as proving fault. Insurance companies are notorious for paying both motorcycle riders and car drivers only the bare minimum or denying claims outright.<\/p>\nWhat Type of Evidence Do You Need to Prove Fault in Motorcycle Accidents?<\/strong><\/h3>\n
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Exceptional Representation with a Personal Touch: Power Legal Group<\/strong><\/h2>\n