Comparative Damages for Comparative Negligence

Author: Jinky Belle Abelardo | Posted: 07-05-2008 | Comments: 0 | Views: 3 |

In a motorcycle crash in Los Angeles, how is liability determined? What can victims obtain from the people liable? Can the victims themselves be held liable too? How can lawyers help with your claim? How does one really find out if he/she has received rightful justice from the sufferings, he/she has sustained?

The main points of contention in motorcycle accident cases are /1/ whose party is at fault; and /2/ how much award must the injured victims receive for their damages and injuries. The answers to these questions constitute a motorcycle accident claim.

First, in analyzing liability, it must be established that the other party has violated a statute or a traffic law of the California Vehicle Code; that he/she failed to act accurately or failed to observe the rules of the road; and where in turn, was the proximate cause of the accident.

Liability can be asserted to a driver too, when he/she failed to act with reasonable care, and did something, which an ordinary sensible person would have not performed in a same circumstance. Although there was no violation of a regulation, liability will still be asserted if proven that the other party did not exercise standard of care, which is required of every vehicle driver.

Besides the driver of the other vehicle who is believed to be the cause of the accident, other entities could also be held liable and sued if they contributed in any way to the accident. These includes the motorcycle supplier, the motorcycle manufacturer, other drivers on the road, or the local, city or state government who also failed to exercise their duty of care.

As a “comparative fault” or “comparative negligence” state, California only requires liable parties to pay for the degree of their own fault. Comparative negligence distribute fault among the parties involved in the accident based on the extent of their negligence or recklessness that contributed to the accident.

A classic example of comparative fault in a motorcycle crash is when a motorbike’s headlamp, tail light, or break light is out, particularly if the crash took place at night.

Let us say you were involved, even if you have been responsible in part for the accident, you can still obtain some compensation from other parties who was also partially accountable with the crash. The basic rule here is:

“If an individual involved in an accident was more careless than the other, he/she must pay for at least a share of the damages sustained by the more careful party.”

What monetary payments can you get from these individuals? Liable parties are required to pay for the property damage. This payment is for the cost of repairing or restoring your motorbike to its original condition, or for its replacement. Other items or equipments that were also damaged should be paid.

You will also be entitled to recovery of past medical expenses and treatment costs rendered. Payments for future medical bills should also be provided. Loss of income, loss of possible work opportunities and loss of earning capacity are also included in the payment of damages.

Non-monetary damages should also be compensated for, such as pain and suffering, psychological trauma and stress, loss of security or comfort and other subjective non-monetary losses incurred in the aftermath of the accident.

To guarantee optimum compensation, make sure to get a highly experienced Los Angeles motorcycle crash lawyers to represent you.

To get the optimum result on your motorcycle crash claim, seek the aid of our professional Los Angeles lawyers. Just log on to our website and take advantage of our free case evaluation services.

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About the Author:

Jinky once aspired to become an hotelier. Now, she hopes of becoming a successful doctor. She intends to pursue this dream in the near future. In the meantime, she’s glad for the opportunity to enhance her writing skills while working as a content writer.

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