If you recently were in a wreck on your motorcycle, then you may catch yourself questioning if you deserve any compensation. Odds are that you sustained extensive damage to your property, if not serious injuries due to the collision. However, many drivers wonder if they cannot receive compensation if they contributed at all to the accident. If you were speeding before the accident, can you collect compensation? The answer is more complex than you might think.
No Fault and At Fault States
In some states, it will not matter who was at fault. You do not file a claim against the other driver’s insurance based on fault. In other states, however, you can determine fault as a way to determine how much money you are owed by the other driver. In these states, if you are speeding and hence contributed to the accident, you may lose a percentage of the cut. The accident will be split between the two parties. The party that is more than 50 percent at fault will be the party that has to pay. You would have to subtract your percentage of fault, however, from the compensation that you ask for.
How to Determine Who Is at Fault
After an accident, if you are well enough to stay on the accident scene, you should consider gathering as much evidence as possible. If you’re taken to the hospital, there may be other people who were able to take photographs of the accident and the police may have taken witness statements. It’s important that you can locate as much evidence as possible to show to your lawyer. Your lawyer will help you to determine fault so that you know what you are capable of fighting for. The picture evidence and witness statements are often strong enough to help determine fault in these cases.
Motorcycle accidents are among some of the most serious vehicular accidents. As the motorcyclist, you are more likely to suffer severe property damage and injuries to your body. Odds are you will need extended medical care and money to replace your bike, if not make extensive repairs. Some motorcyclists shy away from making a claim because they do not believe that they can. They believe that since they were speeding, they were partially at fault and cannot collect compensation. In many states, this is not the case. If you’re not sure of whether or not your have a case, your best option would be to consult with an attorney, like a Scottsdale, AZ motorcycle accident lawyer.
Thanks to our contributors from Yearin Law Firm for their insight into motorcycle accidents.
