What Happens if You Are at Fault for Your Kentucky Motorcycle Accident?
In most cases, after a motorcycle accident, the fault lies with one party. For example, a driver fails to see a motorcyclist because they are distracted, turns the corner, and hits and injures the motorcyclist. In such a case, the driver is fully responsible for the injured motorcyclist’s injuries and damages and must pay the full compensation. There are other times when the motorcyclist is also to blame for their accident and injuries. What happens in a case where you are partially to blame for your Kentucky motorcycle accident? Fortunately, in Kentucky, you can still recover compensation even if you are partially to blame for your motorcycle accident. However, being partially responsible for your motorcycle accident can impact the amount of compensation you recover. Read on to learn more.
When May You Be Held Partially Liable for Your Motorcycle Accident?
While drivers are often solely to blame after an accident happens between a car and motorcycle, there are times when even the motorcyclist may be held liable for their accident. For example, a motorcyclist may be deemed partially responsible for their accident and injuries if;
- They were weaving in and out of traffic
- They were speeding
- They were lane splitting unsafely
- They failed to yield the right of way
- They were distracted riding
- They were drunk riding
You Are Owed Compensation Even if You Are Partially at Fault for Your Kentucky Motorcycle Accident
After a motorcycle accident, the concept of “comparative negligence” comes into play. This legal principle determines the degree of fault each party involved in an accident bears. Fault is usually apportioned among involved parties as a percentage. For example, in the case of a motorcycle accident, the motorcyclist may be apportioned 20% of the blame, and the driver who hit the motorcyclist may be apportioned 80% of the blame.
Injured parties may still be able to recover compensation in a personal injury claim, even if they are partially to blame for their accident. However, in some states, you cannot recover compensation if your percentage of fault is beyond a certain threshold. In Kentucky, you can recover compensation regardless of your percentage of fault since the state uses the pure comparative negligence rule. Under this rule, you are only barred from recovering compensation if you are 100% to blame for your accident. In Kentucky, you can seek compensation even if you are 99% to blame for your accident.
However, it is crucial to note that if you are partially to blame for your Kentucky motorcycle accident, your recovery of damages will be reduced by the amount of blame assigned to you. If, for example, you are 30% at fault for your motorcycle accident, you can still recover compensation, but your compensation will be 30% less than your total damages. Suppose you have $100,000 in damages. In such a case, you would recover $70,000.
You should hire an attorney after a motorcycle accident to ensure a fair apportionment of fault. If you are not represented by an attorney, the insurance company may apportion you a greater percentage of fault than is true, resulting in you receiving less than you deserve.
Contact a London & Southeast Kentucky Motorcycle Accident Attorney
For help with your motorcycle accident case, contact our London & Southeast Kentucky motorcycle accident attorneys at Cessna & George Law Firm.
