Should I File a Claim if I Was Partially at Fault for My Rancho Bernardo Motorcycle Accident?

Getting hurt in a motorcycle crash in Rancho Bernardo can be devastating. When motorcyclists are involved in collisions with cars or trucks, the motorcyclist often is the one who sustains particularly severe injuries. As the Insurance Information Institute (III) explains, “motorcycles are by their nature far less crashworthy than closed vehicles,” making motorcyclists more vulnerable in the event of an accident. While motor vehicle drivers often are at fault for motorcycle crashes in Southern California, motorcyclists can also bear some responsibility for the collision. If you were involved in a motorcycle accident and you think you may have been partially to blame, you may be wondering: Should I still file a claim even if I am partially at fault? 

Generally speaking, it is extremely important to file a claim even if you think you may bear some responsibility for the crash. Yet perhaps even more importantly, you should know the proper steps for moving forward with your claim to give yourself the best chance at obtaining full compensation for your losses.

Do Not Admit Fault—Even if You Think You Might be Partially to Blame

The first thing to know about seeking financial compensation for your motorcycle accident injuries is that you should never admit fault. Even if you think you may bear some responsibility for the accident, you should never provide this information to law enforcement officials at the scene or to any insurance adjusters. You will need to provide factual information to law enforcement officials at the scene, which is important to do. When you contact your insurance company, you will also need to provide basic information about the facts concerning the collision. However, you should never tell an insurance company that you think you might be partially to blame.

Keep in mind that insurance companies are not on the side of any insured. Rather, insurance companies and adjusters are thinking about their own bottom line. If an insurance company thinks you might be responsible for a crash, it may attempt to lower the settlement offer. If an insurance company can avoid paying out a claim altogether, it will certainly do so. Accordingly, only state the facts and keep your thoughts about liability to yourself until you speak with a motorcycle accident attorney.

Know That You can Still Obtain Damages Even if a Court Says You are Partially at Fault

Whether you are seeking a settlement from an insurance company or end up taking your case to court, it is important to know that you can still receive compensation even if you are partially to blame. To be clear, it is still worth it to seek compensation even if you think you bear some responsibility for the crash because California law still allows you to obtain damages.

Under California’s comparative fault law, whether a plaintiff is 1% or 99% at fault, the plaintiff can recover compensation. However, the plaintiff’s damages award will be reduced by the plaintiff’s percentage of fault. In California, comparative fault does not bar a plaintiff’s ability to recover.

Contact a Rancho Bernardo Motorcycle Accident Attorney

Were you involved in a motorcycle accident in Rancho Bernardo? If you suffered injuries because of another motorist’s negligence, it is essential to file a claim for financial compensation. An aggressive Rancho Bernardo motorcycle accident attorney at our firm can begin working on your case today. Contact the Walton Law Firm for more information about motorcycle accident lawsuits in California.


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Motorcycle Crash Rates Increase in Southern California (and North County)

Motorcycle Awareness Month in Valley Center

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