Motorcycle Comparative Negligence

Yes. In Georgia, being partly at-fault for an accident doesn’t necessarily prevent you from collecting compensation for damages. This is because the state follows comparative negligence rules for personal injury cases. Here’s what that means for you and your potential motorcycle accident claim.

After the crash, insurance companies investigate and assign both parties a percentage of fault. Under the comparative negligence standard, you can file a claim and seek compensation as long as you were no more than 49 percent responsible for the accident. If you are 50 percent at fault or more, you lose your right to pursue a financial recovery.

Comparative negligence rules don’t just affect whether you can file a claim for damages. They also require any settlement or monetary award you receive to be reduced to reflect your percentage of fault. For example, if the amount you were set to receive in damages was $100,000, but it’s determined you’re 25 percent at fault, you would only receive $75,000.

As a result, fault percentage is often hotly contested in Georgia motorcycle crash cases. This is why you need a knowledgeable and experienced personal injury attorney to handle your claim.

An adept attorney can help you protect your right to a fair recovery. Your attorney will conduct an investigation of the accident and gather evidence to build a strong case to prove the other party’s negligence. He or she may even be able to negotiate a lower assigned fault percentage for you, so you take home more compensation than you would otherwise.

Don’t go up against the insurance company and their savvy corporate counsel on your own. The skillful personal injury attorneys with Van Sant Law have a long and successful track record of helping motorcycle crash victims safeguard their rights, overcome the implicit bias against bikers, and obtain much-needed compensation.

If you were injured in Georgia, you should speak with an experienced car accident attorney as soon as possible. Please contact us online, or call our office directly at 855-GA-INJURY or 404-991-5950, to schedule your free consultation.