Negligence in Chesterfield Motorcycle Accidents | Determining Fault | The Law Offices of Kevin Roach, LLC.
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Being involved in a motorcycle crash can be scary and stressful due to expensive medical bills and painful injuries. In cases involving motorcycles, one party is usually partially or primarily at fault for causing the accident. Because of this, the injured person could file a claim against the responsible person and seek compensation.

A dedicated motorcycle crash attorney could help you navigate the complicated laws about negligence in Chesterfield motorcycle accidents and help ensure you get the compensation you deserve.

How Fault is Established in Motorcycle Crashes?

Investigators look at the evidence to determine fault in the same way in other vehicle collisions because motorcyclists must follow the same rules of the road as cars. A diligent attorney could look at the evidence to help decide fault, including:

  • The speed of the vehicles involved
  • Which driver, if either, was speeding
  • If either party was inattentive or careless

If a vehicle or motorcycle operator was inattentive or doing something illegal that caused the crash, then they will likely be at fault. A proactive local attorney could help a plaintiff’s case by determining who was responsible for the motorbike wreck.

Comparative Negligence in Motorbike Wrecks

Chesterfield is in what is known as an at-fault state which follows comparative negligence—or comparative fault. This is when the liability is split up depending on the details of the case. For example, if the motorcyclist was speeding when another car pulled out in front of them and hit them, it could be determined that the motorcyclist contributed to the fault.

Liability in a motorbike wreck is then divided according to the percent in which the plaintiff is considered responsible. Many times, the insurance company will agree upon a liability split based on the police report and other evidence provided. A skilled local attorney could help lower the amount of comparative negligence in a motorbike crash.

Contributory Negligence in Motorcycle Collisions

Contributory negligence—or contributory fault—is determined by if the plaintiff’s failure to act prudently added to their losses. This failure reduces the amount of recovery from the defendant, similar to comparative fault.

If the jury finds that there is $1,000,000 in damages and the plaintiff was 50% at fault, their damages will be reduced from $1,000,000 down to $500,000. A well-practiced local attorney could work to lower the percent in which the injured party is at fault if they were partially negligent in the motorbike collision.

How Helmets Influence Fault

If a motorcyclist was illegally not wearing a helmet, the defense could argue that the motorcyclist was partially at fault because they were breaking the law. If a motorcyclist is under 26 years old, they are legally required to wear a helmet. The absence of a helmet could be comparable to not wearing a seat belt in a car accident because not wearing a seat belt is also illegal and likely made the harmed person’s injuries worse.

An eagle-eyed attorney could look at the totality of evidence and determine if the absence of a helmet significantly altered the harm done to the claimant. Enlisting the help of an attorney familiar with determining negligence in motorbike wrecks could help someone receive the best compensation for their injuries.

Enlist an Attorney Familiar with Negligence in Chesterfield Motorcycle Accidents Today

If you are found partially at fault for a motorcycle crash that harmed you, a tenacious attorney could work on your behalf to make sure that the defense is not claiming you are at a higher percentage of fault than you truly are.

A knowledgeable lawyer experienced with negligence in Chesterfield motorcycle accidents wants to make sure that you are receiving fair payment for your damages. Call now to learn more about your legal options.