During a motorcycle accident, it is often the case that one party is responsible for the outcome. A car does not see a motorcycle and turns the corner, striking the rider. Other times, both parties share some of the blame, such as, in the above example, the motorcycle rider may have been partially to blame for speeding.
Every case is very different in what occurs, but there are situations where it is possible to recover damages if you are at fault and the victim. “So, what if I was partially at fault for a motorcycle accident? Will I get any compensation?”
At John Foy & Associates, we would be happy to provide you with a comprehensive breakdown of your case and offer insight into what you can expect going forward. Our legal team works tirelessly to ensure our clients receive the compensation owed to them. Contact an Atlanta motorcycle accident lawyer now for a free case evaluation, and we can offer more specific information about your case.
It Is Possible to Be Owed Compensation if You Are at Fault in Some Cases
Under Georgia Code §51-11-7, a person who is partially to blame for an accident is considered capable of recovering losses in limited situations. This law, which is a modified comparative negligence system, means that your recovery of damages is reduced by the amount of blame you are assigned in the case.
For example, if you are in a motorcycle accident and a judge determines you were 30% at fault for the case, you can still file compensation. However, the amount you receive will be 30% less than your total losses. That means that if you have $100,000 in medical bills and other losses as a result of the accident, you would be able to recover $70,000 of it – which is 30% less than the full amount.
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What Does It Mean if You Are at Fault?
Being at fault means that, in some way, you contributed to the losses you suffered in the motorcycle accident. It is not always the case that fault is divided like this. However, in situations where one person may have done something or contributed even in a small manner to the incident, that could impact their ability to receive coverage.
If a judge finds that you are 50% or more at blame, you cannot recover any losses in the case. That is an important requirement to keep in mind as you navigate your legal rights going forward.
How Is Fault Assigned in a Motorcycle Accident?
There is a lot of work that goes into this process of determining fault, and our motorcycle accident attorneys can provide you with more information about your specific situation when you come to a free consultation. However, there are several factors to consider.
The police officer at the scene of the accident is likely to be the first person to find fault. That is, they look at the evidence at the scene, speak to the people involved, and gather other evidence available to make a determination of what occurred. This then allows the police officer to make a decision of fault that is later reported in the police report.
Evidence Used to Determine Fault
The insurance company will also take a look at this information, including the police report and any other evidence they believe they have, and determine fault from their perspective. They may agree with the police report and move forward. Still, other times, they may press for fault to be changed, especially if they gather evidence after the motorcycle accident that indicates that you were more responsible than believed. For example, if you claim in a social media post that you “were not really hurt” or that you “ran a red light,” that could be used against you later.
Ultimately, a judge or jury will determine if you are at fault for the losses you have incurred. In many cases, our legal team is tasked with helping our clients to prove that they are not, in fact, at fault or that the amount of fault is very low. You can count on us to pursue compensation that is the highest it can be.
Do Not Settle for Less than You Are Owed
It sometimes seems easy to just accept what the insurance company offers. Some situations will lead to the insurance company sending a “final settlement” letter to you, which makes it seem as though there is no way to change it. That is not the case.
If you do not agree with the police report on the fault percentage or you find that the insurance company’s offer of a settlement is far lower than your expectations, our legal team can help you. Keep in mind that the insurance company still tries to reduce the amount paid to you even beyond that percentage. For some situations, they may try to simply offer less than is owed, hoping you will accept.
Other times, they may state that you had preexisting conditions or other factors that mean you should not be paid what you are owed. Expect this to occur. Also, expect our motorcycle accident attorneys to work closely with you to ensure you get the maximum compensation possible by:
- Gathering as much evidence as possible from all available forms, including video, photos, witness statements, and even expert witnesses.
- We work to understand all of your losses, including any extraordinary costs you may have to face in the future due to your accident.
- You can trust us to eliminate the risk that the insurance company gets you to make a statement that is not accurate.
Put Your Trust in Us with a Comprehensive Consultation
What happens if I am partially at fault in a motorcycle accident? What should I do? If you are faced with these concerns, contact John Foy & Associates now for a free, no-obligation consultation to discuss your case. We are here for you 24/7 to offer exceptional insight into all of your legal rights going forward.