9 Jan 2019,

Motorcycle Accidents and Comparative Negligence

Has another driver pulled out in front of you while you were riding your motorcycle? Have you been seriously injured in a motorcycle accident and the officer claims that you are partially at fault for the accident?

Comparative negligence is often alleged in motorcycle accidents. You need a motorcycle accident attorney who understands the complexities of arguing a comparative negligence case. You also need an attorney who has extensive experience representing motorcyclists against the unfair and incorrect stereotypes motorcycle riders face each day.

The Levinson Law Firm has extensive experience representing motorcycle riders throughout California. We understand the unique challenges involved in proving a driver is negligent and responsible for your injuries. We accept cases on a contingent fee. That means that if there is no recovery in your case you pay no fee. And in most cases, we even advance the costs. For your free consultation, call (760) 642-5475 today.


A common scenario that we often hear from motorcycle accident victims goes something like this, “I was injured when an automobile struck my motorcycle.

The automobile driver admitted he did not see me and pulled out into the intersection, causing the crash. The police officer said I may be partially to blame. But I was the only one injured. Will the other driver’s insurance company help cover my medical bills and injuries?”

The legal theory that is applied in the above situation is comparative negligence. It is the theory that both parties involved in an accident are at fault for the accident; therefore, neither party should be allowed to be compensated for 100% of their damages.

California personal injury law applies a “pure” comparative negligence standard in these cases. In other words, if the injured victim is assigned 99% of the fault in the accident, the victim can still recover 1% of his or her damages from the other party.


Comparative negligence is often an issue in motorcycle accident cases because of the unfair and unfounded negative stereotypes associated with motorcyclists. Some people believe that motorcyclists take risks; therefore, they must be at fault for the accident. Insurance companies like to use comparative negligence to limit their liability in motorcycle accidents claims.

Gordon Levinson uses the knowledge he gained as an attorney for large insurance companies to defend against these unfair tactics. Contact us at 760-642-5475 if you have questions about how we can put our experience to use for your case.

Our personal injury attorneys have extensive experience using the available evidence and expert testimony to fight allegations of comparative negligence. Our goal is to protect the rights of our clients to receive a fair and just outcome in their motorcycle accident case.


At The Levinson Law Group, we have three goals that influence how we practice law in our community. We strive to make the community safer by fighting against reckless drivers, we contribute to the community through volunteer work and charitable giving, and we fight for the rights of our clients as they heal from life-altering injuries.