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How does comparative negligence work in motorcycle accidents?

On Behalf of | Jun 21, 2017 | Motorcycle Accidents

Bikers nationwide, including in Colorado, are sometimes portrayed as reckless even though many crashes result from other drivers not keeping a proper lookout for motorcycles. Sometimes, victims of motorcycle accidents must cope with traumatic injuries for which they were partly responsible. If that has happened to you, it does not necessarily jeopardize your right to recover damages from the party deemed primarily responsible for the crash.

In Colorado, the law allows the court to enter monetary judgments in personal injury claims based upon the level of each party’s negligence. The percentage of each party’s fault will be determined, along with the apportioned compensation based on the level of negligence. As long as the percentage of the negligence attributed to you does not exceed 50 percent, you can recover a portion of your damages.

Under the comparative negligence law in Colorado, the total damages are calculated. The amount of your recovery will be reduced by the percentage fault attributed to you. For example, if your negligence is determined to be 30 percent and that of the other party is 70 percent, the judgment against the other party will be for 70 percent of your losses.

The concept of comparative negligence can be complex and different circumstances can bring various laws and rules into play. However, the intricacies of such a lawsuit can be left to the team of experienced personal injury attorneys at the Colorado office of Flesch & Beck Law . The firm works on a contingency basis, meaning that no legal fees are due unless a recovery is secured. The firm’s skills in navigating claims involving motorcycle accidents can be used to pursue recovery of damages while you recuperate.