What to Do If You Were Partially at Fault in a Motorcycle Accident

Motorcycle accidents can be scary and confusing. If you were partly to blame, things can feel even more stressful. But don’t panic—being partly at fault doesn’t always mean you’re in big trouble; what you do after the accident matters a lot.

According to the National Highway Traffic Safety Administration (NHTSA), over 80,000 motorcyclists are injured in crashes each year. Many of these cases involve shared fault. Talking to a motorcycle accident attorney is smart if you're in this situation. A lawyer can explain your rights and help protect your claim, even if you made a mistake.

Let’s dive in:

What Does It Mean to Be Partly at Fault?

Being “partially at fault” means that you and someone else did something wrong that caused the crash. For example, maybe a driver didn’t yield, but you were speeding. In this case, both people share the blame.

Different states treat this differently. There are three main types of fault rules:

Pure comparative negligence: You can get money even if you were 99% at fault. Your share of the blame reduces your payment.
Modified comparative negligence: You can still get paid if you were less than 50% (or sometimes 51%) at fault.
Contributory negligence: If you were even 1% at fault, you may not get anything. Only a few states use this rule.

It’s important to know which rule applies where you live.

Steps to Take After the Crash

1. Get medical help right away
Your health comes first. Even if you feel okay, see a doctor. Some injuries take time to show up.

2. Call the police
Always report the accident. The police report can help later when figuring out who was at fault.

3. Gather information
Take photos of the scene, your bike, and any other vehicles. Talk to witnesses and get their names and numbers. Also, write down what happened while it's fresh in your mind.

4. Be careful with your words
Don’t admit fault, even if you think you did something wrong. Stick to the facts. Let the investigators sort things out.

Talking to Your Insurance Company

Let your insurance company know about the accident. Be honest, but be careful. Share facts, not assumptions. For example, say, “I was going about 30 mph” instead of “I think I was speeding.”

Your insurance may still cover some costs if you're partly at fault. This depends on your policy and your state’s laws. Things like medical payments or uninsured motorist coverage might still help.

Why You Need a Lawyer

When blame is shared, things can get tricky fast. That’s why you should talk to a motorcycle accident attorney. A lawyer can look at the details and determine the actual level of responsibility. Sometimes, the other party may blame you more than they should.

A lawyer can:

Collect and study the evidence.
Talk to witnesses and experts.
Negotiate with the insurance company.
Help you get the most money you’re allowed under the law.

How Your Share of Fault Affects the Money You Get

You may still get money for your injuries, bike damage, and more if you're partly at fault. But the amount depends on how much of the crash was your fault.

Here’s how it works:

In a pure comparative negligence state, if you were 30% at fault, you still get 70% of the money.
In a modified comparative negligence state, if you were 40% at fault, you still get 60%. But if you were 51% at fault, you may get nothing.
In a contributory negligence state, even being 1% at fault may stop you from getting any money.

Each state has its own rules, so understand how your state handles this.

Protect Your Case

After the accident:

Don’t post about it online.
Attend all doctor appointments and follow treatment plans.
Save all receipts, reports, and letters.
Let your lawyer (if you have one) handle contact with the other side’s insurance company.

These simple steps can make a big difference in your case.

The Sum-Up

Being partly at fault in a motorcycle crash doesn’t mean you lose all your rights. What you do next—getting help, gathering facts, and understanding the law—can help protect your health and future.