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Castle Law Office

Q
Can I File a Claim If I'm Partly at Fault for My Motorcycle Accident?

A

Even if your negligence contributed to your motorcycle accident and you're partially responsible, you may still be able to get compensated by another party whose carelessness also contributed to the accident. The rule of “comparative negligence” will apply. This means the degree of the other person’s responsibility in causing an accident will be compared to the degree of your responsibility.

For example, if you were 30 percent at fault and the other party was 70 percent at fault, the other person will have to pay 70 percent of the fair compensation for your injuries through his or her insurance company.

However, in Kansas, statutes of "modified comparative fault" are in effect. An injured party cannot recover if he or she is 50 percent or more at fault.

The question of whether your negligence contributed to the accident, and how much, is going to require significant investigation best conducted by an attorney specialized in motorcycle accidents. Once an investigation is completed, your attorney will negotiate with the other party’s insurance adjuster.

It’s important here to stress that you should under no circumstances admit to what you might believe is your fault, or to the degree of your responsibility for a collision. You don’t know all the facts that led to the event, you may be angry, overwhelmed and scared, and are not really qualified to assess your level of responsibility.

Our motorcycle accident lawyers can help you figure out who was at fault and whether or not you have a strong case. Call us today at 816-842-7100 to speak with an attorney that will fight to get you the compensation you deserve. Or you can click here to email us and schedule your free consultation. 

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