Posted in Motorcycle Accidents on September 29, 2026
If you are partially at fault for a motorcycle accident in California, you can still file a claim for your losses. The insurance company or judge will assign a specific percentage of fault based on how you contributed to the accident. It then reduces the compensation you are paid by that percentage. This falls under California’s comparative negligence law.
It is common for more than one person to be at fault in a motorcycle accident. However, the percentage of fault assigned can be somewhat subjective. For riders, it pays to hire a Long Beach motorcycle accident attorney to guide you in seeking fair compensation. Consider these factors about partial responsibility.
Pure Comparative Negligence Law
Under California’s pure comparative negligence law, a person can seek compensation for the losses they sustained even if they are partially at fault. That means if you are 99% at fault, you can still pursue compensation for the losses you have.
However, the state reduces the amount of compensation received based on this percentage. The more fault attributed to you, the lower your recovery will be. For example, if you sustained $100,000 in medical costs and lost wages after an accident, and the insurance company finds you to be 20% at fault, you can still file a claim.
The insurance company will only pay you $80,000 in this situation. That is a reduction of 20% for your role in the accident. This can be a significant reduction in the compensation owed to you.
Under this process:
- You can seek damages for your losses even if you are at fault. That applies even when you are mostly at fault.
- The court reduces the amount of your recovery by the percentage of fault attributed to you.
- It is possible for a judge or jury to make changes to the percentage of fault attributed to you if they can substantiate that fact.
The complexities of this law make it important to hire a Long Beach auto accident attorney. A motorcycle accident attorney works to reduce the amount of fault attributed to you by presenting evidence of the other party’s responsibility.
How is Fault Determined in California Motorcycle Accidents?
Many factors can contribute to your assignment of fault. Most of the time, a thorough investigation occurs, providing insight into who caused the accident. Insurance companies, typically, and sometimes attorneys or judges, will consider the factors contributing to the accident to assign fault properly. However, the insurance company wants to lower any fault attributed to its policyholder and will work hard to do so in any way possible.
To determine the percentage of fault on all parties, the process of investigation includes:
- Reviewing all incident reports and police documentation
- Gathering photos from the scene
- Obtaining witness statements
- Using vehicle data to confirm statements
- Bringing in experts to help with clarification and accident reconstruction
- Presenting medical records that document and clarify injuries
If you are in a motorcycle accident and you believe you were unfairly assigned fault, tell your attorney. Your attorney will gather evidence to prove you were not at fault or, if that is not possible, to show the lowest level of fault you should receive. Meet with an attorney to review your case and gather insight even if you are partially at fault. They will help you get what is fair for your accident.