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Kent Motorcycle Accident Attorney
Motorcycles have enhanced maneuverability thanks to their size, and for that very reason, they offer less protection than cars do. In an accident, that can mean severe injuries for the motorcycle rider – with much less damage done to those in a passenger vehicle. When the other party is at fault for your accident, you have a right under Washington law to seek compensation.
However, successfully winning that compensation often involves enlisting the aid a skilled motorcycle accident attorney. At Colburn Law, we’re fully equipped to handle your case with our experience and knowledge of the law. We can help you following a Kent motorcycle accident, handling the legal aspects while you work on successfully recovering from your injuries.
Can I Still Recover Compensation If I’m Partially at Fault for My Accident?
Many accidents (motorcycle and otherwise) happen due to the negligent behavior of one of the involved parties. However, many more occur due to the combined negligence of both parties. When this happens, the parties share fault, which in turn impacts whether you can recover compensation or not.
Unlike other states, where being partially at fault for your accident can disqualify you from recovering damages, Washington is a contributory negligence state. What this means is that, while you can still recover compensation for your injuries if you are at fault for your accident, the courts will reduce the amount you can recover by your percentage of fault.
For example, let’s say that you were in an accident that led to $100,000 in damages. If you didn’t contribute to your accident at all, you would be able to receive that full $100,000. However, the court determined that you were 20% responsible for your accident. That means you’ll receive 20% less of that compensation amount, reducing your total by $20,000. You’ll still be able to recover $80,000 of your damages.
Washington’s contributory negligence laws only apply if you are 50% or less at fault for your accident. Being primarily at fault takes away your right to recover compensation from the other party, as he or she was not mostly responsible for your damages.
Washington Motorcycle Helmet Laws
Motorcycle helmets play an essential role in motorcycle safety and can help prevent traumatic brain injury and other head injuries in the event of an accident. Recognizing the effectiveness of helmets, Washington has universal helmet laws.
These laws mean that every rider or passenger must wear a helmet when on a motorcycle. This applies to all riders, regardless of age. Any helmet worn must meet the U.S. Department of Transportation standards, and wearing a helmet that does not meet these standards counts as a violation of state law.
While not wearing a helmet can result in fines, it can also have an impact on your motorcycle accident claim. Failure to wear a helmet can constitute negligence on your part, impacting your overall settlement amount. You may even have to waive your right to compensation for any head injuries that resulted from not wearing a helmet. Even if you did not suffer head injuries, not wearing a helmet may reflect poorly on the rest of your case.
However, if you are wearing a helmet at the time of your accident, you will likely have no problem recovering compensation for any head injuries, so long as your helmet meets U.S. DOT standards. If you don’t have any head injuries, wearing a helmet still shows that you took precautions to protect yourself and can help your case in court.
Count on Colburn Law – Your Kent Motorcycle Accident Attorneys
Seeking an attorney shortly following your motorcycle accident can make the difference in your claims process. At Colburn Law, we can handle the legal aspects of your case, allowing you to focus on recovering from your injuries and getting your life back on track. Trust us to handle your Kent motorcycle accident claim and schedule a free consultation today.