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What is comparative negligence?

On Behalf of | Sep 24, 2015 | Motorcycle Accidents |

Motorcyclists across the state of Washington share the roads with all sorts of vehicles. These bikers are often at the mercy of these other drivers since motorcycles themselves provide so little protection. Motorcyclists are also expected to follow traffic rules in order to help prevent motorcycle accidents.

Any motorcycle accident can be caused by a variety of factors. Often, a negligent driver is responsible for causing, or contributing to, a motorcycle accident. In some cases, though, the motorcyclists’ own behavior may have contributed to the accident itself. This is referred to as comparative negligence.

Under most laws pertaining to personal injury, negligent drivers can be held responsible for their actions. This means that they can be taken to court and ordered to pay compensation to accident victims. This compensation can include medical expenses, lost wages and other expenses arising from the accident.

If, however, a motorcycle accident victim was also negligent in causing the accident, such as if the motorcyclist were speeding, for example, then this person’s negligence can be used against the person. Under comparative negligence rules, the motorcyclist’s compensation award can be reduced or eliminated based on the percentage that the person was at fault for the accident.

This blog post only explains very basic information about negligence and motorcycle accidents. There are complicated factors that can determine how much a person is at fault for a particular accident. In order to make these determinations, an examination of the facts is necessary. These situations are often highly sensitive and legally complicated. In these cases, an attorney is often necessary to protect people’s legal rights.