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Disability Law Offices of Tony Adderley

“Percentage Of Fault” In Motorcycle Accidents

  • By: Tony Adderley
  • Published: July 25, 2014
“Percentage Of Fault” In Motorcycle Accidents

About 4,000 people are killed in motorcycle crashes every year in the United States. Proving fault in motorcycle accident cases often raises complicated legal issues, but assigning fault is imperative if damages are to be evaluated and awarded impartially. In a motorcycle accident case, a victim making a personal injury claim must demonstrate that someone else’s negligence caused the accident. Demonstrating that takes the skills and knowledge of a good personal injury lawyer. If you’ve been injured in a motorcycle crash in southern California, contact an experienced Los Angeles personal injury attorney at once.

When cars and motorcycles collide, the motorcyclist usually suffers the most, often sustaining severe injuries or death. But if motorcyclists fail to take precautions – such as wearing helmets – to protect themselves, is it fair to exclusively blame solely the motorist who caused the crash? Shouldn’t liability be shared in such situations?

California adopted a universal helmet law in 1992. All California motorcyclists and their passengers must wear helmets that satisfy federal standards. Helmets must be fastened with straps and must fit properly, without excess lateral or vertical movement. The law governs motorcycles, motor-driven cycles, and motorized bicycles.

In California, a jury may assign a percentage of fault to each liable party in personal injury and wrongful death cases. If a plaintiff is 10 percent to blame for his or her accident, the damages awarded will be reduced by 10 percent. When an automobile, truck, or bus crashes into a motorcyclist who’s not wearing a helmet, and the motorcyclist is injured, a jury may decide the motorcyclist is at least partially to blame for his or her own injury.

A good personal injury lawyer can help his or her clients deal with the “percentage of fault” issue in motorcycle accident cases. A good personal injury lawyer may be able to present medical evidence proving that a helmet would not have prevented the specific injury a motorcyclist sustained in the accident. If you’re injured in southern California in a motorcycle mishap, now or in the future, get the legal help you’re going to need, and speak to an experienced Los Angeles personal injury attorney immediately.

About the Author Tony Adderley has been working as a professional advocate for
individuals entitled to Social Security Disability (SSD) and worker’s
compensation benefits for more than 20 years.