It can be confusing to know when you do and don’t have a claim for damages after a motorcycle crash. Basically, if you were at fault for the entire collision, then you do not have a right to pursue a personal injury claim. However, if you contributed to the collision and the other driver did as well, you may still have a claim for damages. This is referred to as comparative negligence.
If the driver of the car failed to see you or was texting at the time of your crash, but you also did something that also caused you to collide, the other driver might be 60 percent at fault and you may be 40 percent at fault, which would entitle you to make a claim for damages. If you decided to sue for damages, whatever your recovery is will be reduced by the amount you were negligent. In this example, your financial recovery would be reduced by 40 percent, which means you would be entitled to 60 percent of your total monetary recovery.
To speak with a knowledgeable motorcycle accident attorney in Fort Lauderdale about your potential lawsuit, contact the Law Offices of David Benenfeld for a free consultation today at 866-9 HELP NOW or (561) 960-5515(561) 960-5515.
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