How Does Modified Comparative Negligence Affect Your Motorcycle Accident Case?

When another driver injures a motorcyclist, they will want to pursue compensation from them. However, many riders worry about how their own actions and potential negligence will impact their claim.

In a motorcycle accident lawsuit, modified comparative negligence is typically used to determine the share of fault between the parties involved. If the rider is found partially negligent, they will lose out on compensation they need. They could lose out on everything if they are more at fault for the crash. Thus, you need an attorney who can fight unfair claims that you contributed to your accident or injuries. Jerry knows how insurance companies and defense attorneys portray riders as more dangerous than average drivers and can argue against these claims by gathering important evidence. In some cases, your own negligence might not be a factor if it can be shown that the other driver had the last chance to avoid the collision.

Call motorcycle accident lawyer Jerry Friedman today at 1-800-529-4464 for your free case review.

What is Comparative Negligence and How Can it Impact My Motorcycle Accident Lawsuit?

In some motorcycle accident lawsuits, the other driver’s liability is clear, and the rider can recover compensation without too much trouble. However, many motorcyclists must fight claims that they contributed to causing the accident or their injuries. Since every state has some form of a modified comparative negligence rule, assertions of rider negligence can seriously impact a case. If the defendant can convince the court that you were more negligent than they were during the crash, you might be barred from getting any damages.

Considering the negative biases and stereotypes that defense attorneys and insurance companies rely on to deny riders what they are owed, trying to fight claims of comparative negligence on your own is often an uphill battle. That is where Jerry, a New Jersey motorcycle accident lawyer with decades of experience, can step in and fight for you. Jerry is a rider himself and knows the challenges motorcyclists face after an accident. He can identify the comparative negligence rule in the state where your accident took place and explain how it can impact your case. The following are the main forms of comparative negligence that can affect a motorcycle accident lawsuit:

Contributory Negligence

The modern rule of modified comparative negligence grew from the traditional legal rule of contributory negligence. Most states have abandoned this outdated standard because it is massively unfair to plaintiffs. Under the contributory negligence rule, motorcycle accident victims cannot recover any compensation if they are found to have contributed to their accident or injuries in the slightest way. Even if a rider was found only 1% at fault and the defendant 99% responsible, they would lose out completely.

Fortunately, very few states still use contributory negligence, including Maryland and Washington, DC. If you are injured there, contact Jerry immediately to develop strategies to overcome this harsh standard.

Pure Modified Comparative Negligence

Other states have gone with a more common-sense approach, adopting a “pure” modified comparative negligence rule. This rule is essentially the inverse of the contributory negligence rule. In a pure comparative negligence state, victims can recover compensation regardless of their percentage of fault as long as they are not 100% responsible for their damages.

New York is a pure comparative negligence state. According to C.V.P. Law § 1411, injured riders will not be barred from recovery despite being found negligent, but the award for damages will be diminished in proportion to their share of the fault. Thus, a motorcyclist could be found 99% to blame and will still receive 1% in compensation.

Modified Comparative Negligence

Today, most states use a form of modified comparative negligence that allows motorcycle accident plaintiffs to collect damages as long as their share of negligence does not outweigh the defendant’s or the collective negligence of multiple defendants. In some states, the cutoff is right at 50%, while others require the plaintiff to be 51% at fault before barring compensation.

For example, a motorcyclist in New Jersey can still recover money in a lawsuit if they are found 50% responsible or less for the accident or their injuries. Under N.J.S.A. § 2A:15-5.1, a rider’s negligence must not be greater than the defendant’s to recover compensation. This translates to the line being more than 50% liable before denying recovery. Pennsylvania riders’ lawsuits will also be subject to a similar rule, codified in 42 Pa.C.S. § 7102(a).

An example can help illustrate this. Suppose a motorcyclist was hit and filed a lawsuit in New Jersey. After arguing their case, the court finds they are entitled to $100,000 in damages. However, the defendant provides evidence to argue comparative negligence as a defense, and the court concludes you were 45% at fault. Your final award will reflect this percentage, leaving you with $55,000 in compensation.

How Do You Argue Against Comparative Negligence in a Motorcycle Accident Lawsuit?

Just because a defendant claims you contributed to your motorcycle accident does not mean you cannot fight it. The best way to argue against comparative negligence claims is to document your accident thoroughly. You should call the police to the accident scene to investigate the crash. You should also get immediate medical care and continue your treatment for as long as necessary. Lastly, contact Jerry so he can investigate your lawsuit further and gather evidence that can show what happened, like surveillance and dashcam footage.

Another way to argue against comparative negligence is to show the court that the defendant had the last clear chance to avoid the crash. This means that you acknowledge that you were negligent, but the defendant still had an opportunity to avoid the accident and acted negligently by not taking advantage of it. If the accident had happened the same way despite your own carelessness, it should not impact the compensation you receive.

Our Dedicated Motorcycle Accident Lawyer Can Help You Fight Claims You Caused Your Accident or Injuries

Call motorcycle accident lawyer Jerry Friedman at 1-800-529-4464 for a free review of your case.