Wednesday, June 12, 2013

About Establishing Fault and Damages You May Receive in a Motorcycle Accident

Motorcycle accidents only account to just around 13 percent of all traffic crash deaths in the United States every year. However, such mishaps were found to be more dangerous than other motor vehicle crashes. This is mainly due to the fact that motorcycle riders and passengers are not protected from the severe impact of crashes, unlike motorists who are secured inside their cars during an accident.

Also, it is likely for motorcycle accident victims to suffer from serious injuries or get killed in certain crashes, especially that they share the road with bigger vehicles such as automobiles and trucks. Although they are part of the road, not all motorists are able to recognize the presence of moving two-wheeled vehicles.

If in case you get involved in a motorcycle crash as a rider and you suffered an injury, it is best that you seek medical attention immediately. After which, you must be able to obtain the legal representation of a top Los Angeles motorcycle attorney who can help you determine if the other party is at fault for the accident and how much compensation you are entitled to receive for the damages and injuries you sustained.

In California, determining fault in a motorcycle accident is based on the statute of pure comparative negligence. It is possible that the investigators in-charge of determining the cause of the accident may rule that the injured rider may also be at fault for the accident, albeit partially. Applying the said statute, if, for example, the injured rider was determined as 30 percent at fault for the accident,  he or she will only receive 30 percent of the total damages determined.

Also, if the other party was determined fully at fault for the accident, then you are entitled to receive damages. Aside from compensatory damages that are given to injured victims to help cover for their medical bills, lost wages and ability to earn, you may be able to receive general or punitive damages, or both, depending on the settlement.

General damages refer to compensation that will help cover the victims’ pain and suffering, emotional distress, and loss of companionship and ability to live normally. On the other hand, punitive damages refer to compensation given by the liable party as a form of punishment, especially if the accident has intent involved. 


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