Motorcycle Accident Lawyer: Shared Fault Liability and Modified Comparative Negligence

If you are in need of a motorcycle accident lawyer in Colorado, then you have come to the right place. Judd Shaw specializes in representing bikers, and focuses on shared fault liability and modified comparative negligence. Read on for a summary of the law and some tips on what to do immediately following a motorcycle accident. In Colorado, shared fault liability applies to all drivers on the road, even if you were not at fault.

Lessons learned from Judd Shaw

If you’re in a motorcycle accident, you need an experienced attorney by your side. Judd Shaw, New Jersey motorcycle accident lawyer, supports clients throughout California. He knows the tactics insurance companies use to lower the value of motorcycle accident claims. He’ll fight to get you the maximum settlement you’re entitled to. Get a free case evaluation from him today. He has a background working for the oldest law firm in New Jersey, and gained insider knowledge of insurance firms.

Steps to take immediately after a motorcycle crash

Following a motorcycle crash, there are some important steps to take. The first is to seek medical attention. Call 911 if possible to summon an ambulance. An EMT can check on you at the scene of the crash. If you’re not able to leave the scene on your own, schedule an appointment with your regular doctor or go to a walk-in clinic. If you’re able to do so, take pictures of the scene.

Shared fault liability

If you were injured in a motorcycle accident and were at fault for the accident, you can file a claim against the at-fault driver’s insurance company for damages. The insurer may offer money if you admit fault, but your motorcycle accident lawyer will evaluate the offer and push for more money. The insurer’s insurance company may also refuse to settle the claim, and your attorney will handle communications with the other side.

Modified comparative negligence

If you’ve been in a motorcycle accident, you’ve probably heard about the concept of modified comparative negligence. The term refers to a rule in personal injury cases in which the victim’s proportion of fault is lower than the other party’s. Generally, motorcycle accident victims can still file for compensation even if they were partially at fault for the accident. The key is to prove that you were less than 50 percent at fault for the accident. The other party’s percentage of fault is then subtracted from the total amount of compensation you receive.

Limitations on damages

Depending on the circumstances, you may be able to recover some of your losses in a motorcycle accident lawsuit. This may include medical expenses, lost wages, funeral costs, and other economic losses. Pain and suffering, loss of companionship, and loss of services are all common types of damages you can recover for. There are some limitations on the amount of compensation you can receive, however. These limitations are outlined below.