Comparative Negligence Laws
In the state of California, damages are rewarded based on a principle of pure comparative negligence. At our Orange County law firm, we place great emphasis on establishing liability in all accident cases because a plaintiff’s contribution to his or her accident in any way can limit the amount of damages recovered. By conducting a comprehensivemotorcycle accident investigation and reconstruction, we can determine who is primarily at fault, and in some cases, to what degree.
A motor vehicle accident is a traumatic experience – often, the involved parties are least able to determine fault because their perspectives are biased by anger or adversely influenced by adrenaline and shock. Allow us to work for you; we can determine fault in your case and protect your legal rights so that you can seek just and fair compensation for damages. Read below to learn more about comparative negligence and contact our Orange County law firm to schedule a complimentary consultation. As riders representing riders, we are uniquely qualified to handle your motorcycle accident claim.
Comparative Negligence Vs. Contributory Negligence
In the United States, there are two primary means of determining liability: the contributory and comparative negligence doctrines. Under the principle of contributory negligence, a plaintiff is disallowed from recovering damages if he or she contributed in any manner, even by the smallest margin, to an accident occurring. In the state of California, however, cases are decided on a principle of pure comparative negligence. This doctrine limits the amount of damages that can be recovered by a plaintiff based on his or her contribution to an accident; for example, if a plaintiff was found to be 50 percent at fault for his or her accident, the plaintiff could still recover 50 percent of total losses. This principle is important because it allows anyone who was found not to be wholly at-fault for his or her accident to file a claim in court for financial compensation. If the defendant contributed in any way to your accident, the law stipulates that he or she can be held accountable for those actions.
The Importance Of Establishing Liability
When discussing comparative negligence with clients at our Orange County practice, we stress that the less they are at fault, the more they can recover; however, fault can only be determined after a complete investigation. We determine fault, and in many cases can ascertain the degree of fault, by working with forensic experts, accident investigation and reconstruction specialists, and even motorcycle psychologists. These specialists allow us to piece together the various parts of the puzzle for a complete picture. It should be noted, however, that the ultimate determination of fault can also be influenced by the steps you take following a motorcycle accident.
We advise all of our clients to abide by the following principles: you should never leave an official or recorded statement admitting guilt, and you should seek medical treatment immediately, even if you don’t believe that you have been injured. In the eyes of the court, failing to seek medical care means that you were not injured, and can make it extremely difficult to recover financial compensation for medical expense and pain and suffering. As physical evidence is also extremely important in conducting an accident investigation, we highly encourage you retrieve your motorcycle from storage as well.
Let A Riverside Injury Attorney Help You
As a motorcyclist, you share the same rights as every other motorist. If you have been injured in a motorcycle accident, we can help ensure you are justly compensated for damages, including pain and suffering, medical expenses, property damage, and loss of wages. Even if you believe that you are at fault for your accident, we highly encourage you to contact our personal injury law office to arrange a free consultation. Comparative negligence makes it possible for individuals to recover damages in proportion to his or her degree of fault.
Newport Beach Accident Attorney Jeff Roberts handles accident and injury claims on a contingency fee basis meaning he charges no fee unless he recovers for you.