If you were partially at fault in a motorcycle accident, you may think you’re not entitled to any compensation, even if you turn to a Miami motorcycle accident attorney for help. Fortunately, due to Florida’s comparative fault statute, partial liability only diminishes the award you are due in your claim. In fact, you may still be eligible for compensation toward your repairs, injuries and other damages even though you were partially at fault.
What is partial fault?
If you are determined to have partial fault in a motorcycle accident, this means your actions were a contributing factor in causing the accident. Oftentimes, both parties in an accident are at partial fault. If this is the case, it is the job of each party (and the parties’ attorneys) to prove who is at fault for what and to what percentage. Then, the court or judge will determine the damages owed by each party for the motorcycle accident.
In cases of an accident in which the fault is not immediately apparent, fault may be influenced by each driver’s actions during the accident. Who made an effort to avoid the accident? Did the driver swerve out of the way? Did he or she brake? Sometimes, this will help prove a party is less at fault if the driver attempted to avoid or stop the accident before it happened.
How much am I due?
There is no hard and fast number for the amount you are due if you are partially at fault in a motorcycle accident case. The award you receive in your claim will be determined based on the percentage of your fault in the accident, as well as your ability to prove that the other party was to blame for the injuries or damages you incurred.
A Miami motorcycle accident attorney from Falk & Falk can be your best ally. They’ll know how to best estimate damages, prove fault, and ensure your case’s success. They can also gather expert and witness testimonies on your behalf, both of which can help corroborate your level of fault in the accident.
You may be entitled to compensation for damages sustained in the motorcycle accident. If you were partially at fault for a motorcycle accident, contact a Miami motorcycle accident attorney at The Falk & Falk Law Firm to discuss your case. Call 305-279-0999 today.