The Los Angeles motorcycle lawyers at Kass & Moses recently received a call from the victim of a Los Angeles motorcycle accident. The victim (now our client) was riding his 2011 Kawasaki Ninja in the carpool lane on the 405 freeway through West L.A. The car ahead of him began to exit the carpool lane and as such, our client veered left and went around the car. Suddenly, the car sharply pulled back to the left colliding with our client who suffered a fractured elbow.
The Los Angeles Police Department officer who investigated the accident determined that our client was partially responsible for the accident for attempting to go around the car before it had exited the carpool lane. The question thus becomes: is our client barred from recovery or can he still recover for damages suffered in this Los Angeles motorcycle accident, even though he was partially at fault for the accident?
Per California law, our client can still recover under the concept of “Pure Comparative Negligence.” Our client will be able to recover based on an assessment of his liability in proportion to fault.
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What does this mean to our client? Well, hypothetically speaking: suppose our client brings a lawsuit against the driver of the car and the jury finds that the other driver was 75% responsible for the accident and awards our client $100,000.00. Since our client was 25% responsible for the accident, his award would be reduced by 25% or $25,000.00. His total recovery would therefore be $75,000.00.
Note that the theory of pure comparative negligence applies to Los Angeles Motorcycle accident cases but does not apply in most other states. To get advice as to your specific situation, call the Los Angeles motorcycle accident lawyers at Kass & Moses.
Are you a Los Angeles motorcycle accident victim who was injured in an accident and may be partially at fault? If so, the Los Angeles motorcycle lawyers at Kass & Moses can help. Contact Kass & Moses, immediately, to protect your rights.