How to Prove Fault in a Motorcycle Accident: California

Determining how to prove fault in a motorcycle accident in California can be challenging at best. If you’ve suffered an injury from a motorcycle crash, figuring out how to prove the other driver was at fault is probably one of the last things on your mind, especially if you’re recovering physically and emotionally from a serious injury.

However, if you want to recover compensation for your accident, proving fault is a critical component of your personal injury lawsuit. In this blog, our team from Power Legal Group in Los Angeles explains the legal issues regarding proving fault, which is one cornerstone of trying to argue, win, and collect a compensation settlement.

Comparative Fault: The California Law for Assigning Blame in Motor Vehicle Accidents

The California courts determine a percentage of fault in motorcycle and car accidents using the comparative fault law, which is easy to understand once you know the requirements.

California’s comparative fault law benefits everybody: It allows both accident victims to seek compensation for their injuries, even if they partially share the blame for the crash. But, there’s a catch: The jury will assign a percentage of fault for both drivers, which the judge will then use to calculate the case’s total damages.

For example, if your percentage of fault in a traffic accident is 30% with a total damage determination of $100,000, you would only receive $70,000. Even if the courts determine your percentage of fault is the majority (over 50%), you can still seek compensation from the other driver for your injuries, including pain and suffering, lost wages, medical expenses, property damage, etc.

As a motorcycle rider in California, you’re subject to traffic laws and mandatory minimums for insurance. Here is the required coverage you’ll need to drive your motorcycle legally:

• $15,000 per person for bodily injury or death
• $30,000 minimum bodily injury liability for more than one person
• $5,000 minimum property damage liability (for other people, not your property)

How to Prove Fault in a Motorcycle Accident in California: Five Major Elements

Whether you’ve been in a motorcycle accident or car accident, proving the other driver’s fault and percentage of responsibility is essential to bolster your personal injury lawsuit. California’s laws require a plaintiff to demonstrate five major elements.

If you can’t show those five elements, it will be difficult to prove a standard negligence claim for a motorcycle or car accident, lowering your chance of receiving a settlement or collecting cash compensation. The same burden also falls on the other party if they plan to seek compensation from you.  

1. Duty: Every driver on the road has a legal duty to behave in a manner that won’t cause harm to other motorists.

2. Breach of Duty: You must prove that the other party is in breach of their duty to behave with reasonable care toward other drivers.

3. Cause in Fact: Next, you must show that the other driver’s negligence caused the traffic accident, your injuries, and other damages.

4. Proximate Cause: This element determines whether your injuries were foreseeable due to the other party’s actions (i.e., negligent driving).

5. Damages: As the injured party, you must prove that the motorcycle accident you were in caused harm, like lost wages or physical injury.

What Type of Evidence Do You Need to Prove Fault in Motorcycle Accidents?

Although we’re discussing how to prove fault in a motorcycle accident in California, the same general guidelines apply if you were driving along the Golden State’s highways and got into a car accident. Proving negligence or fault in personal injury cases isn’t easy, especially when you’re up against the other driver’s insurance adjuster and their interpretation.

Collecting evidence and recording details about your accident is an important part of your personal injury case. Here’s what injured motorcycle accident victims typically need to prepare in terms of evidence:

• The police report
• Eyewitness statements
• Surveillance camera footage
• Personal notes about the accident
• Your motorcycle and helmet
• The driving clothes and protective gear you were wearing during the crash
• Hospital bills from your medical treatment and other crash-related financial information, like evidence of lost income
• Policy information from your insurance company: i.e., how much your liability coverage pays, total deductibles, etc.

Exceptional Representation with a Personal Touch: Power Legal Group

No matter the severity of your injury, choosing an experienced motorcycle accident attorney to assist with your case is just as important as proving fault. Insurance companies are notorious for paying both motorcycle riders and car drivers only the bare minimum or denying claims outright.

Hiring a qualified motorcycle accident lawyer gives you a much better chance of winning your case. Search for a skilled attorney to be your staunch legal advocate, fight on your behalf, and negotiate maximum compensation for your injuries.

At Power Legal Group, we’re proud to offer Southern California drivers and passengers professional representation for their personal injury lawsuits. If you recently suffered an injury in a motorcycle wreck, the clock is ticking. You only have a certain amount of time to pursue a claim or file a lawsuit with motorcycle accidents, so don’t wait any longer.

Instead, pick up the phone and call our team at Power Legal Group toll-free at 800-323-7693 to speak with an attorney and request your free consultation today. If we don’t win your case, you won’t have to pay us anything.

Call Power Legal Group Today for an Experienced Motorcycle Accident Attorney

Riding a motorcycle may be dangerous, but there’s no denying the wonderful feeling of freedom and the lure of the wide-open road. Although every motorcycle rider knows safety is the most important priority, hundreds of motorcycle accidents still result in fatalities every year in California.

If you suffered an injury in a motorcycle crash and need formal legal advice, hiring a personal injury attorney with the resources and confidence to handle your case is paramount. If you don’t know how to prove fault in a motorcycle accident in California, your first move should be calling an attorney with experience handling personal injury claims, giving you better influence over the outcome of your case.

At Power Legal Group in Los Angeles, the attorneys in our practice know precisely how to handle stubborn insurance companies and the courts. We provide aggressive yet personalized representation for our clients to protect their rights and help them secure a brighter future.

To learn more about our firm’s attorneys and schedule your free consultation, call our Power Legal Group office today at 800-323-7693.