How does comparative negligence affect motorcycle accidents?

On Behalf of | Jan 30, 2021 | Motor Vehicle Accidents |

A motorcycle accident in Louisana could potentially leave the victim disabled or paralyzed for life. However, the other party might argue that the motorcyclist didn’t take their personal responsibilities seriously, making them partially to blame for their injuries. If you’re injured in a motorcycle accident and weren’t wearing a helmet at the time, you might not be able to collect the full amount of compensation that you otherwise would deserve.

How can not wearing a helmet affect your claim?

Louisiana is a comparative negligence state, meaning that the other party might claim that you also showed negligence. If you weren’t wearing a helmet when you were involved in a motorcycle accident, the defendant might argue that you’re partially responsible for your injuries. After all, wearing a helmet could have protected you during the crash.

However, your personal injury attorney might argue that wearing a helmet wouldn’t have affected the severity of your injuries. For example, if you broke your leg in the accident, wearing a helmet wouldn’t have made a difference.

Either way, this information will be taken into account. Even if you’re found to be partially liable, you could still receive compensation from the other party if you were less than 50% responsible for your injuries. However, you will not receive the maximum amount that you would have received otherwise.

How can you figure out how much compensation you’re owed?

The amount of compensation that you’re owed could depend on a variety of factors. Depending on the situation, you might not be eligible for compensation at all. If you are eligible, the award will be reduced by the percentage that you were deemed to be at fault.