In a motorcycle pedestrian-accident, most people assume that the pedestrian cannot be held responsible for the accident. But the truth is that, the pedestrians can carry a percentage of liability if they are partly responsible for the accident. According to the laws in California, an accident caused by the shared fault of both parties can be considered as comparative negligence where each party are assigned a percentage of fault proportionate to their responsibility for the accident.
However, sharing a percentage of fault never prevents a plaintiff from claiming the money, but the amount of compensation will be reduced based on their own share of responsibility.
Determining the Responsibility
Like a motorcyclist, the pedestrian also has the responsibility to keep the roads safe. Even though they can claim that they have the “right of way”, they are still not allowed to ignore reasonable care. Hence if a pedestrian fails to complete their duties in keeping the road safe then he/she will be liable for an accident.
For example, if a pedestrian-motorcycle accident occurred because of a pedestrian crossing the road against the safety signals and regulations, he exhibited negligence by violating the traffic rules. In this case, blaming only the motorcyclist is not possible because the lack of reasonable care of the pedestrian is also a reason for the accident. Hence the pedestrian will be partially or wholly responsible for the accident.
For determining the fault in a pedestrian-motorcyclist accident, there are two perspectives to consider. The first is to find out whether the motorcyclist violated the law in any way that lead to the accident. For example, if the over speeding, or negligence of traffic signals and signs by the motorcyclist caused the accident, then he will be liable for the accident.
The second perspective to consider is that if the pedestrian exhibited negligence. For instance, if an accident has occurred when a pedestrian was crossing the road illegally, or was passing through a restricted area, then he is also responsible for the accident.
If both cases are true, then it can be considered as comparative negligence, where both parties carry their own share of fault.
Recovering Money in a Comparative Negligence Case
For claiming the money in a comparative negligence case it is better to consult a good motorcycle injury attorney as soon as possible. In such cases, the amount you can claim will depend on your percentage of fault. For example, if you carry 30% of fault you will be able to recover 70% of the total compensation. Therefore, the less your fault percentage is, the more money you can claim. A motorcycle accident attorney can help you to determine the right percentage of fault you share, thereby ensuring the maximum compensation you deserve.