Court Permits $450,000 Jury Award For Bicyclist Badly Injured In Motor Vehicle Accident

Okay, so you were hurt in a motor vehicle accident

. However you were in part, or maybe even, mostly responsible for causing the accident. Are you able to recover for your injuries? And if you can, what amount? The response may depend on where the accident occurred.

Consider, for example, the published case in which a nineteen year old woman was struck by a motor vehicle as she was going across an intersection riding her bicycle. The force of the impact threw her off her bicycle and she was then hit and dragged by a second vehicle. She endured several serious injuries. Among them were an injury to her leg which led to an above the knee amputation. Based on one report people who saw the accident happen pointed out that the bicyclist entered the intersection without stopping for the red light. The law firm that took the case published that it took the claim to trial. The jury determined that the city and the first second driver were 13% at fault and the second driver twelve percent at fault.

At the end of the trial the jury determined that the bicyclist plaintiff was 75% to blame for the accident. In certain States the law does not allow plaintiffs with more than 50 percent fault to be compensated for their injuries. The law in the State where this accident took place permitted the plaintiff to get compensation regardless that the jury found that she was in excess of fifty percent to blame for the accident. Yet according to the pertinent State law the amount she could get would only be proportional to her degree of fault. Thus, while the jury awarded $1.8 million, she was only able to recover 25%, or $450,000.

Many individuals wrongly hold the idea that if they were mainly responsible for a motor vehicle accident that they are not permitted to recover for their injuries. It is therefore critical for anyone injured in a motor vehicle accident to consult with a skilled motor vehicle accident attorney so that you can determine whether they are correct in their believe that they were primarily at fault or if, by law, someone else was actually at fault. And even in case the plaintiff was actually legally at fault for the accident, the attorney will advise them on whether the applicable laws would still permit the plaintiff to be compensated, and if so, the way in which the sum be established.

Only a competent lawyer can correctly assess a possible claim under the applicable laws. Furthermore, an experienced lawyer will also be familiar with the range of awards juries in the location where the case would be tried generally give for the plaintiff's injuries.

by: Joseph Hernandez

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