What happens if a motorcycle accident victim was negligent?

On behalf of Aiken and Aiken P.C. Personal Injury Attorneys posted in Motorcycle Accidents, on Tuesday, May 12, 2015

Motorcycle operators and their passengers are at a distinct disadvantage in a motorcycle collision with a car or truck. Motorcyclists do not have the protection of a steel frame to protect them, so it is common for a Barnstable County motorcycle accident victim to receive catastrophic injuries.Normally, a person injured in a motor vehicle accident would seek compensation from the negligent driver who was responsible for causing the accident. There are situations in which the motorcycle accident victim might also be negligent.В  For example, a motorist whose failure to yield the right of way while making a left turn causes a collision with an oncoming motorcycle might appear to a negligent driver, but evidence might show that the excessive speed of the motorcycle contributed to causing the accident. In cases such as this, Massachusetts allows courts to compare the negligence of the parties involved in the accident to determine if, and how much, the victim should recover.The negligence of a motorcycle accident victim will not prevent his or her recovery of damages in a lawsuit against a negligent driver unless the percentage of negligence of the victim is greater than the negligence of the defendant who is being sued. Assuming that a jury finds the victim in an accident to be 30 percent negligent, the amount of money that jurors would have given to the plaintiff must be reduced by 30 percent.Negligence on the part of the plaintiff in a lawsuit based upon negligence, including motorcycle accidents, must be raised as a defense by the defendant. As with most topics related to negligence and liability in personal injury cases, legal advice should only be given by an attorney who has reviewed the facts of the particular case. This post is an overview of the topic, but it is not intended or offered as legal advice.