In some cases, there is more than one driver at fault in an accident and therefore have a shared responsibility for the damages from the accident. This is where Comparative Negligence is applicable. Comparative Negligence laws determine who is responsible for the damages from the accident according to the degree of contribution to injury. However, comparative negligence differs among states.

Pure comparative negligence is when any compensation due to be received by the plaintiff will be reduced by the percentage he or she is responsible for the accident. For example, if the plaintiff was found to be 25% at fault for the accident, the amount to be claimed will be reduced by 25%. This ruling is recognized by 12 states.

Modified comparative negligence has two approaches. The 50% Bar Rule, followed by 10 states, indicates that if the plaintiff is equally responsible or more than 50% at fault for the resulting injury, he or she will not be able to recover damages. But if it is 49% or less at fault, then he or she can still recover damages reduced to the degree of fault.

The 51% Bar Rule states that a damaged party can only collect damages if it is 50% or less at fault. If the plaintiff is 51% at fault, he or she will not recover anything. This is followed in 23 states.

Consult the Contributory Negligence/ Comparative Fault Laws to find out which is applicable in the state you are into you and the motorcycle accident you were involved in.


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