In a motorcycle accident, you have a legal right to compensation for the losses you suffer as a result of the actions or inactions of another person. In some cases, you may hold partial responsibility for those losses. Under Nebraska law, you may still claim your losses as long as you were not primarily responsible for the accident. That means that 51% or more of the damage must have been caused by the other party for you to still have a claim.
What Are Comparative Negligence Laws in Nebraska?
Under Nebraska law, comparative negligence means that the courts take into consideration fault and negligence between those involved in the accident. This law aims to protect against lawsuits in which a person injured sues simply because they were hurt, not because the other party was truly negligent.
How Is Negligence Percentage Determined?
In this type of case, where more than one person is responsible, the claim is divided into percentages based on how much responsibility each party has. This means that compensation may also be dependent on the percentage of fault the parties have. If you are found to be 20% at fault for the incident, any compensation owed to you is reduced by 20%.
If both parties are found to be 50/50 to blame, that means no party can claim compensation from the other. Only if one party receives 51% of the blame can the other receive compensation.
The courts determine this percentage by looking at many factors. That includes gathering evidence in the incident and statements from those involved. This determination may be done by a judge or a jury, depending on the details of your case.
Our Motorcycle Accident Attorney Can Help
By working with a Nebraska motorcycle accident lawyer, you may be able to show the jury you deserve compensation. This is done, for example, by having comprehensive evidence to support your claim. Your attorney can help work to protect your right to compensation.
Don’t guess at the compensation owed to you. Let the Law Office of Matthew A. Lathrop, PC, LLO help you. Schedule a free consultation for more insight and support.