Comparative Negligence in Atlanta Motorcycle Accident Cases: What Happens If You Share Blame for the Accident? – Guest Post

After a motorcycle accident in Atlanta, victims must understand how comparative negligence might impact their case’s outcome. Comparative negligence is used to assign fault in accidents where the parties involved can share responsibility for them. The state of Georgia adopts a modified comparative negligence system, which reduces the compensation the victim can receive based on their percentage of fault. Also, injured victims can only receive compensation as long as they are not more than 50% at fault for the accident. If you have been involved in a motorcycle accident, hire one of the best Lawbike Motorcycle Injury Lawyers to help you pursue a solid claim and get compensated for your injuries and damages.

Comparative negligence in motorcycle accident cases can play an essential role. For example, if a rider collides with another vehicle, the court will look into the actions of the parties involved to determine fault and liability. If the rider is found to have shared responsibility for the collision, their compensation may be reduced accordingly.

How Comparative Negligence Affects Your Possible Compensation

In Georgia, you must be less than 50% at fault for a motorcycle accident to be eligible for compensation. As mentioned above, your compensation will be reduced by your fault percentage. So, if your award is $100, 000 and your percentage of fault is 20%, you will only receive $80, 000 in damages. But if you are more than 50% at fault for the crash, you won’t be able to get any compensation at all. Such an aspect of comparative negligence emphasizes the need to reduce your liability in the collision. By hiring a skilled motorcycle accident attorney, your right to compensation is protected and you get the full amount of compensation you deserve.

Factors that Can Impact the Comparative Negligence Rule

A lot of factors can impact how insurers and courts determine comparative negligence in motorcycle accident cases. They include how the drivers involved behaved leading up to the crash. For instance, if a motorist was speeding or distracted when the crash took place, this could increase their level of fault. Conversely, if a motorcycle rider failed to signal a turn or was riding against traffic, this could also increase their fault percentage.

In addition, the existence of any traffic violations can play an important role in determining fault in your case. If a driver violated traffic laws, the other party can use this as evidence of negligence. For example, if you ran a red light or the person who drove the vehicle that hit you did not yield the right of way, such actions can be considered negligent actions that resulted in the collision.

Moreover, the road conditions when the crash took place are also a factor that can affect comparative negligence. Slick roads, poor visibility, or roadway debris can impact how the crash took place and who is responsible for it. In these cases, it may be important to consider whether either party was operating their vehicles in a way that was appropriate for the road conditions.

How to Reduce Your Liability

Reducing your liability in a motorcycle accident is important to protect your right to financial compensation. This means working with a skilled lawyer who can advocate for you and knows how complex the comparative negligence rule can be.

To present a solid case, your attorney will collect evidence, get witness statements, and analyze the facts and circumstances of the collision. Also, they can negotiate with insurers to make sure you get fair compensation. Usually, insurers will reduce payouts by arguing victims contributed to the accident. However, your attorney can counter such arguments and focus on maximizing your compensation.