What happens if I was partially at fault for a motorcycle accident in San Diego, California?
California laws allow what's called an "apportionment of liability." If you are determined by a judge or jury to be 20% responsible for your accident, then you will be entitled to 20% less than the value of the damages you incurred as a result of the accident. So if you filed a $10,000 claim and it was demonstrated that you were 20% at fault, then you will be owed $10,000 minus 20% ($2,000) of the claim. So you will be owed $8,000 by the other parties for your injuries and damages.
Under the California system, you can receive damages provided another party is at least 1% responsible for a motorcycle accident in San Diego, California; however, if you are 100% responsible for your accident, then you have no claim and are not eligible for recovering any funds.
For this reason, in the majority of cases where a motorcyclist is partially responsible for a motorcycle accident, you should still retain legal counsel and pursue a claim against the other involved drivers. Even if you are 50% or more responsible for your claim, you are still entitled to the balance of damages for the proportion of the accident that is someone else's fault.
Take Control of Your Motorcycle Accident in San Diego, California by Contacting a San Diego Injury Firm
Personal injury attorney of San Diego, Mark C. Blane and his San Diego injury firm aren't like some of the other San Diego injury attorneys you may have met with or seen ads for around town. Our goal is to educate our clients - even those whose cases we don't take - so that you not only understand the legal process ahead of you but the basics of San Diego injury law and your legal rights.
You can get started by ordering one of our FREE injury guides including Wolf in Sheep's Clothing: What Your Insurance Company Doesn't Want You to Know and Won't Tell You Until It's Too Late! or The 10 Secrets You Need to Know About Your Injury Case Before You Call a Lawyer. Contact us today to schedule your appointment - 888-845-6269 or 619-813-7955. We are proud to serve San Diego's Spanish speaking population and even offer our FREE California personal injury book en Español.