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Who Is Responsible for My Motorcycle Accident?

A San Jose Motorcycle Accident Attorney Explains Motorcycle Accident Liability

Motorcycle accident with truckDetermining fault in a motorcycle accident is complicated. A San Jose motorcycle accident attorney at Needham Kepner & Fish LLP can help you prove that the other vehicle caused your accident. We inspect the scene of the accident, gather evidence and interview witnesses to build your case, so you can collect compensation for your injuries.

Motorcyclists Must Overcome Stereotype

There are some key differences between motorcycle accident cases and car accident cases. Motorcycle riders generally suffer more severe injuries than the victims of car accidents.

Another difference is that most jurors drive cars. Many jurors stereotype motorcycle riders as daredevils who engage in unsafe behavior. A jury may know next to nothing about riding motorcycles. This can be a disadvantage to motorcyclists seeking compensation. At trial, the attorneys for a motorcyclist must work hard to overcome the jurors’ prejudices.

You Don’t Have to Be Totally Fault-Free to Recover Compensation

Under California’s comparative negligence rule, motorcyclists still have a claim for damages even if they played a role in causing the accident. If you were partially at fault for the crash, the amount of compensation you can receive is reduced in proportion to your share of the blame.

California Comparative Negligence Example

Let’s say that you were driving a couple of miles over the speed limit when a motorist who ran a red light hit you. You sue the driver for $100,000 for your injuries. At trial, the judge or jury hears the evidence and assigns a percentage of responsibility to you and the driver who hit you. If the evidence shows that you were 30 percent responsible for the accident and the driver was 70 percent responsible, you could recover $70,000 in compensation — that is, the $100,000 reduced by your 30 percent of the blame.

Call a San Jose Motorcycle Accident Attorney at Needham Kepner & Fish LLP

Our San Jose motorcycle accident attorneys provide aggressive representation to motorcyclists who have been injured in crashes caused by someone else’s negligence. To schedule a free initial consultation, call us today at (408) 956-6949 or use our online form. We handle injury cases on a contingent fee basis, which means that you pay us nothing unless you recover compensation.

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