Most motorcycle accidents are
the fault of a negligent driver, despite the belief that motorcyclists are more aggressive and reckless than motorists who do not ride a motorcycle.
Not exact matches
If you are involved in a rear end collision and suffer losses, you must prove the
fault of the other
driver or
negligent party in order to recover compensation.
Our attorneys leverage their legal know - how to identify
negligent acts
of at -
fault drivers.
However, in this case the defense team was betting on the 50 % rule, which works like this: if the defense team could convince the jury that the plaintiff (my client, the injured motorcyclist) is more than 50 % at
fault for the crash, the defendant (the
negligent minivan
driver) would not have to pay for non-economic damages, which include pain and suffering, loss
of enjoyment
of life, scarring and disfigurement, and other long - term problems as a result
of the crash.
It involves a mix
of no -
fault benefits and lawsuits against the
negligent driver of the motor vehicle.
A judge or jury might find the
driver of the second vehicle to be partially at
fault for the accident and assign a percentage
of fault to that comparatively
negligent driver.
They tend to be caused by an error, mistake, or
negligent conduct on the part
of one or more individuals involved and can be the
fault of a
driver or
of a pedestrian.
When an accident would not have occurred but for the
negligent actions
of another
driver, an injured party has the right to file a claim for damages and hold the at -
fault party liable for the harm they have incurred.
Scott represents individuals and families who through no
fault of their own have been devastated by the
negligent conduct
of others in dangerous products,
negligent doctors, careless
drivers, to name a few.
In Michigan, the law allows victims with serious injuries to take their cases outside
of the no -
fault auto insurance system and sue a
negligent driver for damages.
Under this doctrine, the judge in any rear - end accident claim will assume the rear
driver is at
fault unless the rear
driver presents evidence supporting a reasonable explanation
of why he or she was not
negligent.
Negligent claims against at
fault drivers insured by ICBC do not have caps, with the exception
of pain and suffering, and a lawyer should be consulted to have a negligence claim properly assessed.
Contributory negligence compares the conduct
of drivers involved in car accidents and a
driver who is
negligent even to a small degree can be deprived
of compensation for personal injuries, even if the other
driver is overwhelmingly at
fault.
While sometimes it is the
fault of the
driver, other times it is weather or even a
negligent trucking company that causes the truck accident.
If, however, you are deemed less
negligent than the
driver, then your potential recovery is reduced by their percentage
of fault.
Motorcycle accidents can most definitely be the
fault of the motorcycle
driver, but they are usually the result
of negligent automobile
drivers.
Wrongful death settlement amounts can vary a lot depending, again, on the type and amount
of insurance coverage, the degree
of negligence that led to the death, and whether the person who died might have also been
negligent (for example, in some auto accidents, both
drivers share some
fault).
After all, most
drivers know that a so - called rear - ender is usually the
fault of the
negligent rear-most
driver.
Michigan's No -
Fault Act was meant to correct these problems by requiring self - insurance coverage irrespective
of fault, prompt payment
of benefits and limitations on suits against
negligent drivers.
If the other
driver made the
negligent decision to speed, a large portion
of the accident's
fault will almost certainly be assigned to him or her.
Victims
of car crashes that are the result
of negligent or reckless
drivers can pursue damages from the at -
fault motorist.
Negligent operator points are added to the driving record upon receipt
of conviction notices from courts and reports
of responsible collisions from law enforcement which indicate that the
driver contributed, was at
fault, or was responsible to any degree or in any amount for the collision.
These parts
of an auto policy only come into use when the covered
driver is not at
fault and when the other (
negligent)
driver is either not insured or has insufficient coverage to handle all expenses.
If you are involved in an accident with an uninsured
driver and that
driver was at
fault for the collision, your uninsured policy will pay out for the losses that would normally be the responsibility
of the
negligent driver's liability insurance.
Uninsured and underinsured policies provide the coverage that covers expenses normally taken care
of by the at
fault driver in situations where that
driver does not carry any automobile liability insurance at the time
of the accident, or the insurance policy
of the
negligent driver is not enough to handle all expenses.
Insurance companies encourage people to purchase this policy because the injured persons would be taken care
of immediately and they would not sue the
driver who had been at
fault for
negligent driving.