Can Partial Fault Still Result In Large Verdicts?
One of the most common questions I get from motorcyclists injured in accidents is whether a finding of partial fault will automatically destroy their case. The answer, thankfully, is almost always no. California operates under a principle of “pure comparative fault,” meaning you can recover damages even if you were partially responsible for the collision. However, the amount you recover will be reduced by your percentage of fault. This can be a complex calculation, and it’s where having an experienced attorney is crucial.
The insurance company will aggressively attempt to assign as much fault as possible to the rider, often focusing on speed, lane splitting maneuvers, or even the condition of the motorcycle. They’ll argue that Leo was traveling too fast for conditions, or that he wasn’t properly visible. But these arguments don’t automatically negate their client’s negligence. A skilled attorney will meticulously investigate the accident, gather evidence, and build a strong case to counter these claims and maximize your recovery.
I’ve been practicing personal injury law in San Diego for over 13 years, and I’ve seen firsthand how insurance companies operate. Trained by a former insurance defense attorney, I have intimate knowledge of how they evaluate, devalue, and deny claims. This inside perspective allows me to anticipate their tactics and build a robust defense against them. It’s not uncommon to see initial offers that are a fraction of what the case is truly worth, and it’s my job to fight for the full compensation you deserve.
Can I Still Recover Damages if I Was Speeding?
Yes, even if you were exceeding the speed limit at the time of the accident, you may still be able to recover damages. California’s comparative fault rule means your recovery will be reduced proportionally to your degree of fault. For example, if you were found to be 20% at fault due to speeding, you could still recover 80% of your total damages. The key is demonstrating that the other driver’s negligence was the primary cause of the accident. Evidence like police reports, witness statements, and accident reconstruction can be critical in establishing this.
Insurance companies will often seize on speeding as a way to minimize their payout. They’ll argue that your excessive speed contributed to the severity of your injuries. However, they must prove a direct causal link between your speed and the accident. A skilled attorney can challenge this assertion and present evidence to show that the other driver’s actions were the main factor in the collision.
What if the Police Report Assigns Me Some Fault?
A police report is not the final word on fault. It’s simply an officer’s initial observations and conclusions, and it’s often based on limited information. The officer may not have had access to all the relevant evidence, such as witness statements or dashcam footage. Furthermore, the police report is often inadmissible in court as evidence of negligence.
We will conduct our own thorough investigation, gathering evidence from all available sources to build a comprehensive picture of the accident. This may include interviewing witnesses, obtaining medical records, and consulting with accident reconstruction experts. Our goal is to establish the other driver’s negligence and demonstrate that their actions were the primary cause of the collision, regardless of what the police report says.
How Does Lane Splitting Affect Fault in an Accident?
Lane splitting is legal in California, but it doesn’t automatically mean you’re free from fault in an accident. CVC § 21658.1 defines lane splitting as driving a motorcycle between rows of stopped or moving vehicles in the same lane. To recover damages after a lane-splitting accident, you must prove that you were operating your motorcycle in a safe and prudent manner.
Insurance companies will often argue that lane splitting was inherently dangerous and that you assumed the risk of an accident. They’ll look for any evidence that you were traveling too fast, weaving through traffic, or failing to maintain a safe distance from other vehicles. A skilled attorney can counter these claims by demonstrating that you were following all applicable traffic laws and exercising reasonable care.
What Evidence is Most Important in Proving Fault?
The more evidence you can gather, the stronger your case will be. Key pieces of evidence include police reports, witness statements, photos and videos of the accident scene, medical records, and expert testimony. Dashcam footage, if available, can be particularly valuable, as it provides an objective record of the events leading up to the collision.
We will work with you to gather all available evidence and build a compelling case to support your claim. This may involve obtaining subpoenas for witness testimony, hiring accident reconstruction experts, and analyzing data from the motorcycle’s event data recorder (EDR). It’s important to act quickly to preserve this evidence, as it can be lost or destroyed over time.
What if the Other Driver’s Insurance Company Claims I Was 100% at Fault?
Even if the other driver’s insurance company claims you were 100% at fault, it doesn’t mean your case is hopeless. They are legally obligated to investigate the accident thoroughly and consider all available evidence. Their initial assessment is often based on limited information and a biased perspective.
We will conduct our own independent investigation and present evidence to challenge their claims. This may involve hiring accident reconstruction experts, interviewing witnesses, and obtaining medical records. If we can demonstrate that the other driver’s negligence was a contributing factor in the collision, we can negotiate a fair settlement or pursue litigation to protect your rights.
What Happens if There is a Dispute Over Fault?
If there is a dispute over fault, the case may proceed to arbitration or trial. In arbitration, a neutral third party will hear evidence from both sides and make a binding decision. In trial, a judge or jury will determine fault and award damages.
We have extensive experience litigating motorcycle accident cases in San Diego and are prepared to fight for your rights in court. We will meticulously prepare your case, gather evidence, and present a compelling argument to demonstrate the other driver’s negligence and maximize your recovery.
How Long Do I Have to File a Lawsuit for a Motorcycle Accident?
In California, you have a limited amount of time to file a lawsuit for a motorcycle accident. CCP § 335.1 provides a **two-year** window from the date of the motorcycle accident to file a lawsuit for personal injury. Because evidence at a crash scene—such as skid marks or GoPro footage—can disappear quickly, immediate filing is critical to preserve the integrity of the claim.
It’s important to consult with an attorney as soon as possible after an accident to understand your legal rights and options. We can investigate the accident, gather evidence, and file a lawsuit on your behalf to protect your claim.
What if the Accident Involved a Government Vehicle or Road Hazard?
If a motorcycle accident involves a government-owned vehicle or a dangerous road condition like loose gravel, potholes, or poorly marked construction zones, a formal administrative claim **MUST** be presented within **6 months** (180 days). Failure to meet this strict deadline under the Government Tort Claims Act can result in the permanent loss of your right to recover.
These claims have specific requirements and procedures that must be followed carefully. We have experience handling government liability claims and can ensure that your claim is properly filed and documented.
What is Subrogation and How Does it Affect My Settlement?
Subrogation is the right of an insurance company to recover the money they paid out on your claim from the at-fault party. If your health insurance company paid your medical bills, they may have a lien on your settlement. Civ. Code § 3040 limits the amount a health insurance company or medical provider can claim from your settlement via a lien.
We will negotiate with the insurance company to reduce or eliminate their lien, ensuring that you receive the maximum possible recovery from your settlement. It’s important to understand your subrogation rights and options before signing any release agreements.
