Motorcycle accidents can result in stressful consequences, including physical injury and financial loss. If you think you might be partially at fault, not completely guilty, you can still pursue a claim.
Did you know that?
There are laws in Calgary, Alberta, that account for shared fault. This means you can potentially still recover compensation even if you are partially at fault.
This article will explain how fault is determined in motorcycle accidents and the importance of consulting a motorcycle accident lawyer in Calgary to protect your rights.
Comparative negligence permits splitting fault amongst the parties in an accident. Instead of one person being 100% at fault, the court or insurance company considers the situation and divides the parties’ fault among them.
For example, suppose the court says you were 30% at fault for the accident, and the other driver was at 70% fault. Then, your compensation will be reduced by the amount you are at fault.
Can I Claim Compensation if I’m Partially at Fault?
Of course, you can claim compensation. Under Alberta’s system of comparative negligence, you are able to pursue financial compensation for damages sustained in the accident, even in cases where you are also at fault for at least some of the accident.
How Does This Affect Your Compensation?
You will first have the total damages calculated (this amount includes medical bills, income loss due to the accident, emotional pain and suffering and your property damage), and then you will have your compensation reduced based on your percentage of fault.
Example:
Total damages incurred: $40,000
Fault: 30%
Compensation: $40,000 – 30% = $28,000
So you were found to be partly at fault; however, you still receive 70% of the damages.
Common Scenarios You Might be Found Partially at Fault
In the event of a motorcycle accident where fault may be differently identified, we see some common scenarios, including:
A turn or distance misjudged
Failing to signal before a lane change
Excessive speed or aggressive riding
Not wearing appropriate safety gear, like a helmet (not that it always matters in fault, but it can affect awards if not claimed on any claims). Other drivers are negligent, and you made a mistake.
Being partly at fault does not mean you are entirely to blame — in fact, many accidents reveal multi-factored and inter-relational causes.
Why You Should Hire a Motorcycle Accident Lawyer in Calgary
Determining fault and compensation for your motorcycle accident can be a complicated and difficult process. Insurance companies frequently attempt to undermine claims by emphasizing your involvement, even if you were the main victim of the motorcycle accident.
A qualified motorcycle accident lawyer in Calgary will:
Investigate the facts surrounding the accident to fairly attribute fault.
Obtain evidence such as police documents, eyewitness statements and your medical history.
Negotiate with your insurance company to maximize compensation on your behalf.
Provide representation in court, if necessary.
Having legal knowledge and expertise allows you to better protect your rights and help avert accepting an unfair settlement based on shared fault.
How to Protect YOUR Rights After a Motorcycle Accident?
If you think you may be partially at fault, please don’t presume that you have no claim. Instead, follow these steps after the motorcycle accident:
-Seek medical attention immediately
Even minor accident injuries could be serious. See a doctor and develop a medical history that demonstrates how your injuries affect your life.
– Report the accident to the police
Make sure there is an official report by a police officer or department documenting the time and scene.
– Keep a record of everything
Take photos of the accident site, contact information for witnesses, and anything else relevant to the accident. Please remember to keep track of the medical treatment you receive, including bills.
– Avoid admitting Fault
It is good to be honest, but be cautious also while speaking to other parties or insurance adjusters. Make sure to never admit your fault at the scene.
What Damages Can I Recover if the Party Is at Fault?
Here is the list of a few compensations that you can generally claim in an MVA situation:
Medical Expenses: This includes all medical expenses, from hospital bills to therapy and medications.
Lost Income: The time that is missed from work due to injury, you can also claim compensation for it.
Pain and Suffering: It also includes the physical pain and emotional distress, you’re going through.
Property Damage: Repairs and replacement of motor parts and gear of the motorcycle are also included.
Rehabilitation Costs: It also involves ongoing care or adaptive devices, throughout the treatment after the accident.
However, it’s the basic information; exact damages depend on the individual case and severity of the injury.
Did you know that Alberta law sets a limitation period for filing personal injury claims? It is generally two years from the actual date of the accident. If you delay, it can risk losing your right to sue. Also, it’s difficult to gather evidence when you delay the procedures, which results in weakening your case. Also, there may be a few queries that you should ask your lawyer and must know:
Can I sue if I was 50% or more at fault in a motorcycle accident?
Yes, it is possible, but your compensation percentage will be reduced due to your fault. In case of a completely fault, you cannot recover any damage.
What if the other driver was also partly at fault?
In such a situation, fault is divided between all parties involved. The less you are at fault, the less your percentage of compensation is.
How do insurance companies analyses faults in motorbike accidents?
They review police reports, witness statements, and evidence from the accident scene to assign fault percentages.
Final Thoughts
Just because you are partly at fault in a motorcycle accident, it does not mean you lose your right to claim compensation. Alberta’s comparative negligence law means that you can be compensated for damages in proportion to the amount of fault attributed to you as the claimant.
However, these types of cases can be legally complicated, especially in instances when insurance companies will do everything they can to minimize the amount paid out to you for your motorcycle injury. This is why it is critical to consult an experienced motorcycle accident law firm in Calgary, so that you receive fair compensation and that your legal rights are protected.
If you have been a victim of a motorcycle crash, even if you were partly responsible, do not hesitate to obtain legal advice from a professional. It may work in your favour or make all the difference in the outcome of your claim.
