Riding a motorcycle in pleasant weather with your favorite music and enjoying the breeze can be pleasant and helpful in elevating your mood. However, your mood can quickly go from calm and peaceful to frustration, hurt, and anger when you get into a crash due to the other driver driving negligenty.
Irrespective of how well you are driving and following the traffic rules, someone else’s fault can lead to the accident and add to your financial, physical, and emotional burden. Fortunately, in Stockton, you can get compensation if you are injured in a motorcycle accident.
Who will be held liable for a motorcycle accident?
One of the frequently asked questions by the victims is who is held liable for my accident? California allows plaintiffs to seek financial compensation even if the plaintiff (motorcycle driver) was at fault. However, the compensation amount will be reduced based on the fault percentage.
Let us consider an example. The plaintiff sustained severe head injuries due to the crash resulting from the negligent driver. However, the plaintiff was not wearing a helmet, and the injuries could have been prevented if they had worn a helmet. So, after an investigation, the plaintiff was found 20% at fault for the accident. In such a case, they can still seek monetary compensation for their damages and injuries, but the compensation amount will be reduced by 20% or the percentage of the fault.
After a thorough investigation by the insurance company, the fault will be determined. It is not necessary that the other driver be blamed for the accident. Sometimes, a third party or a driver can cause an accident. A defective product in the vehicle can lead to an accident, which makes the manufacturer liable. Additionally, the road manager or the authority responsible for maintaining the road but failing to do so can also be held liable.
An attorney will help you collect evidence.
Determining liability after a motorcycle is not an easy process. It can take weeks and months to collect reliable evidence that proves who is liable for the crash. Usually, a police report, pictures and videos, witness testimony, and other evidence are crucial to filing compensation.
In case of a complex case, you will need to provide all the asked evidence by the insurance company. The more evidence you have, the better it will be to prove liability and get compensation. Therefore, contact an experienced attorney who will help you get successful compensation.