Liability for California Motorcycle Accidents

Lawyer Explains Comparative Negligence

Video Transcript:

Rob Rosenthal:

How does comparative negligence work in a motorcycle crash case? We ask San Francisco attorney Claude Wyle in this AskTheLawyers™ Quick Question.

Claude Wyle:

In California, we've got something called pure comparative negligence. So at the end of the day, a judge or the jurors decide how much fault lays on the defendant and how much lays on the plaintiff in contributing to his or her own injuries. And the math is pretty simple. If it's 80% the defendant's fault, the driver that hit the bicyclist, then it's 20% the cyclist's fault. They take 20% of the damages off the top. Even if it's 90% the bicyclist's fault, but 10%, the other guy’s fault, in California, you can still recover for that 10% of liability, of accountability for the other party.

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