“I may not look like a lawyer, but it helps me sneak up on them.”
– David Komie

Comparative negligence in motorcycle accidents

On Behalf of | Jun 12, 2020 | Motorcycle Accidents

If you were involved in an accident when riding a motorcycle, the events may have unfolded so quickly that you are unsure of what happened. In addition to the injuries you have suffered and the pain that you have gone through, you may also be worried about whether you will be found to be at fault for the accident.

It’s important that you do what you can to educate yourself on how to correctly establish liability. While you may be able to show that the other party was completely at fault for the causation of the accident, it may be established that you were partly at fault. This is known as comparative negligence.

What is comparative negligence?

Comparative negligence is the apportioning of fault among liable parties involved in an accident. For example, if there were three parties involved in an accident, it may be concluded that one of these parties did not contribute to the causation of the accident, while another party was 75% at fault and another was 25% at fault.

If you as the motorcycle rider are deemed to be 25% at fault for the causation of an accident, it means that you will have the responsibility for 25% of the total damages caused. Therefore, it’s possible that you will gain back damages from the party who was deemed to be 75% at fault for the causation of the accident.

It’s essential that you ensure that fault is correctly attributed after an accident, because otherwise you may find yourself unfairly liable for the damages incurred. Make sure that you have a good understanding of how the law applies to motorcyclists in these situations.


FindLaw Network