The United States has millions of motorcycle enthusiasts. However, the joy of riding a motorcycle comes with its share of risks.
Currently, the accident statistics are high in the region. For instance, 6,218 riders were killed in 2022. This accounted for an alarming 15% of traffic fatalities in the year. Most cases involve multiple liable parties, but riders are usually blamed for many accidents.
If you’re falsely blamed, a motorcycle accident lawyer can assist you in the legal process. They can also help if you’re partially liable in a motorcycle accident case.
So, can you file a claim if you’re partially at fault? The following write-up helps answer this question and reviews what to do if you’re partially liable for a motorcycle accident. Let’s get started.
Can a Partially Liable Party File a Claim?
Yes, you can file for a claim if you are partially liable. However, various factors impact the total compensation or the decision of the jury or judge. Also, you must follow multiple steps immediately after the accident to increase your defense chances in a litigation process.
What to Do If You’re Partially Liable for a Motorcycle Accident
Here’s what to do immediately after a motorcycle accident:
- Contact your lawyer: Your lawyer can guide you through various legal factors. They will also help prove that the at-fault party has a higher percentage of fault in the accident.
- Contacting the insurance company: Reaching out to your insurer is handy if you’re entirely or partially at fault in a motorcycle accident. Additionally, it allows you to investigate other causes of the accident, such as the motorbike’s system failure or external factors like damaged roads.
- Collecting and compiling evidence: You’ll need to get evidence to prove the intensity of the incident and point out instances where you weren’t negligent. You can collect information via videos or photos and record statements from third-party witnesses. However, ensure they can appear in court to testify.
- Confirm police reports: You might also need to confirm the police reports. However, your lawyer can follow up on the issue and ensure other accident parties don’t give fabricated accounts.
- Filing a claim: Having contacted your lawyer and collected enough evidence, you can go ahead and file the lawsuit.
Factors Affecting Compensation as a Partially At-Fault Party
Level of Negligence Involved
Usually, the authorities and the court assess the negligence levels of all parties involved in a motorcycle accident. The degree of fault determines your total compensation, where most negligible cases attract less or zero damage cover.
State and County Regulations
The level of negligence determines actions taken by specific states and counties. However, different states have different laws regarding compensating partially liable parties. Be sure to consult your lawyer on particular state laws and research them before filing your claim officially.
Availability of Evidence
Evidence can help lower your penalty or prove the other parties’ negligence. Proving this can be challenging, especially when the complainant has a strong defense. However, hiring a good lawyer assures you’re represented in a fair legal battle. Also, a credible attorney should assist you in getting additional evidence to increase your potential compensation.
Proving Liability
You might intentionally commit a mistake to avoid a bigger accident. Therefore, the court allows you to prove such a case and save yourself from a potential legal punishment. This explains why collecting evidence while at the accident scene is crucial.
Insurance Policies
Lastly, different insurance companies have varying packages; some might only cover third-party accident victims. Therefore, it’s crucial to get comprehensive insurance coverage to ensure you get full compensation.
Moreover, some witty companies can illegally lower compensation. A reliable tip is to let your lawyer handle communications with the company or sue them when the issue persists.
Conclusion
You are eligible for compensation regardless of being partially liable for a motorcycle accident—however, your level of negligence and ability to prove liability influence the total compensation. Evidence collection, involving a lawyer, and following the proper legal protocols increase your chances of better compensation.
