Depending on your state’s negligence laws, you could sue for damages even if you were partially at fault for a motorcycle accident. However, the amount you can recover may be reduced based on your level of responsibility for the accident. An experienced motorcycle accident attorney from our team will explain how relevant laws impact your case.
The legal team at Laborde Earles has over 250 years of combined legal experience advocating for the rights of injured victims. We will help you better understand your rights and learn how to protect your interests. Contact our Lafayette motorcycle accident lawyers today for a free initial consultation.
Understanding Comparative Negligence Laws
The essence of comparative negligence lies in the fair allocation of responsibility when determining compensation for damages. This system allows individuals to seek compensation even if they bear some degree of responsibility for the incident. The system assesses the percentage of fault for each party involved, and the compensation is then adjusted accordingly.
Most states follow this negligence system, and there are two main types: pure and modified comparative negligence. A single state follows the slight gross comparative negligence doctrine.
Pure Comparative Negligence
This is a legal doctrine that allows individuals to seek compensation for their injuries or damages, regardless of their degree of fault in an accident. Under this system, the court determines the percentage of fault for each party involved and adjusts the damages accordingly. A Lafayette personal injury lawyer can make sure that you don’t settle for less than you deserve.
Pure comparative negligence permits the injured party to recover damages even if they are found to be overwhelmingly at fault, with the compensation reduced proportionally to their level of responsibility.
Therefore, in states that adopt the pure comparative negligence doctrine, like Louisiana, you could claim compensation even if you were 90% at fault for the accident. However, in this case, you will receive only 10% of the total estimated amount. Therefore, if your losses are evaluated at $30,000, you will only collect $3,000.
Modified Comparative Negligence
The system introduces a threshold or “bar” beyond which an injured party may not recover damages. Most jurisdictions that follow this doctrine set a specific percentage, often 50%, as the cutoff point.
If the injured party is found to be equally or more at fault than the other party involved, they are generally barred from seeking compensation. However, if their degree of fault is below the established threshold, they can still pursue damages, although the final amount may be reduced in proportion to their level of responsibility.
Slight-Gross Comparative Negligence
In South Dakota, the legal framework operates on the principle of “slight-gross negligence,” allowing a plaintiff to seek damages as long as their fault is deemed “slight.” Conversely, a defendant must exhibit a level of fault classified as “gross” or substantial for them to be held liable for the plaintiff’s injuries.
This legal concept introduces limitations on a plaintiff’s ability to recover damages. If the plaintiff’s fault is only slight, they may receive damages, albeit reduced in proportion to their degree of fault. However, if their fault surpasses the threshold of “slight,” their ability to recover damages may be entirely barred.
Laborde Earles injury was great for me they took care of me very fast and professional. If for any reason I need legal help they will be who I use.
ClientUnderstanding Contributory Negligence Laws
Contributory negligence is a legal doctrine that may prevent an injured party from recovering any damages if they are found even partially at fault for the incident. Unlike comparative negligence systems, where damages are adjusted based on the degree of fault, contributory negligence follows a stricter approach.
If the injured party’s actions are deemed to have contributed to the accident in any way, they may be barred from seeking compensation. This makes it imperative for individuals to exercise caution and diligence, as any degree of fault can have significant consequences on their ability to recover damages.
I thank God for Digger & David. I don’t know what we would have done if it hadn’t have been for them.
Rick Smith | ClientWhen Are You Partially at Fault for a Motorcycle Accident?
Being partially negligent for a motorcycle accident means that your actions or conduct contributed, to some extent, to the occurrence of the crash. If you are deemed partially at fault, it means that your behavior or decisions played a role in causing the collision.
You could be found partially responsible for a motorcycle wreck if:
- Failing to obey traffic signals or signs
- Speeding
- Making an unsafe lane change
- Riding without proper signaling
- Distracted riding (e.g., texting while riding)
- Riding under the influence of alcohol or drugs
- Failure to yield the right of way
- Ignoring road conditions or weather warnings
- Inadequate maintenance of the motorcycle
If you were involved in a crash, seek legal help immediately to protect your rights. A motorcycle accident lawyer will help you navigate local personal injury laws and protect your rights. They will evaluate all your options for financial compensation and fight for the maximum amount.
The reassurance from Digger and his staff gave me that renewed hope that it’s going to be okay down the road.
ClientCall Our Motorcycle Accident Lawyers Today
If you were involved in a motorcycle wreck, you could still sue for compensation even if you were partially at fault. However, the amount you recover will be reduced by your degree of fault. Our motorcycle accident lawyers will review your legal options for financial recovery and help you rebuild your life.
To protect your right to seek damages, seek immediate legal assistance. Contact Laborde Earles today to share the details of your case.
