It is important to be aware of comparative fault in Cincinnati motorcycle accident cases because it could have a substantial impact on your overall recovery. While it may be obvious that another party was responsible for your injuries, the court is required to allocate a percentage of fault to both parties involved.
By consulting with our team of trusted attorneys, you can improve your chances of a full recovery. Our motorcycle accident lawyers are experienced with the laws surrounding comparative negligence and can build a case to minimize your percentage of fault.
Common Causes of Motorcycle Wrecks
Motorcycle accidents are often caused by negligent drivers. For instance, a head-on collision may occur when a driver is distracted and does not see the motorcyclist.
Motorcycle wrecks commonly occur at intersections, oftentimes when left-hand turns are being performed. This can be due to either the motorcyclist or motorist failing to yield the right of way to oncoming traffic.
Traffic violations such as speeding, driving while under the influence of drugs or alcohol, and texting while driving are all common factors in these accidents as well. There are also situations where road hazards, uneven pavement, potholes, or debris in the roadway cause a motorcycle car crash in Cincinnati.
However, motorcyclists can also contribute to their accidents. If a motorcyclist attempts to maneuver in between vehicles in different lanes, speeds, is intoxicated, or otherwise careless while operating their bike, they could be found partially responsible for any resulting wrecks.
How is Fault Determined for Motorcycle Crashes?
In order to pursue a motorcycle collision case in Cincinnati, the claimant is going to have to establish defendant negligence. This requires the injured party to prove that the motorist owed the motorcyclist a duty to operate their vehicle with care, violated that duty, and directly caused the biker compensable losses.
However, once a claimant has established negligence, then comes the issue of comparative fault. There are three main ways that fault is determined in a motorcycle case, depending on the particular jurisdiction. The theories are known as pure contributory negligence, pure comparative fault, and modified comparative fault.
Pure Contributory Negligence
The pure contributory negligence rule states that if the injured party is determined to be even as little as one percent to blame for the incident, then that party is not permitted to collect any damages. This negligence theory is the strictest of all the theories.
Pure Comparative Fault
Under pure comparative fault, the injured party is allowed to collect damages even if they are 99 percent at fault. However, the court is going to reduce the total amount of damages by the percentage of fault allocated to the motorcyclist.
Modified Comparative Fault
Modified comparative fault follows either a 50 or 51 percent fault rule. Under this rule, if the motorcyclist is determined to be 50 percent at fault or more, then they are not entitled to recover any money for their damages. This is the comparative negligence theory followed in Ohio.
Similar to a comparative fault, the amount of fault allocated to the motorcyclist is going to reduce the overall damage award. For example, if a motorcyclist is determined to be 51 percent at fault for causing the crash, then they are not going to be entitled to recover any damages. They can recover damages at 50-50 determination, and they can recover damages if a higher percentage of fault is being allocated to the at-fault-party.
Discuss Comparative Fault in Cincinnati Motorcycle Accidents with an Attorney
Courts are required by law to analyze the percentage of fault each party in an accident plays. If it is determined that you were more responsible for your injuries than the defendant, you could lose your right to compensation. That is why it is imperative to seek assistance from an accomplished attorney at our firm. Our team of trusted personal injury lawyers will build a case to minimize your percentage of fault. To learn more about comparative fault in Cincinnati motorcycle accident cases, schedule a free case consultation now.
