Despite Bicyclist Being Mostly Responsible For Accident She Recovers Against Drivers

So you were injured in a motor vehicle accident

. But you were in part, or possibly even, mostly at fault for causing the accident. Will you be able to recover for your injuries? And if you can, what amount? The response could depend on where the accident took place.

Examine the documented personal injury claim wherein a 19 year old woman was struck by a motor vehicle when she was crossing an intersection riding her bicycle. The collison threw her from her bicycle and she was then hit and dragged by a second vehicle. She sustained a variety of major injuries. Among them were an injury to her leg. The leg injury required her to undergo an above the knee amputation. According to one report people who observed the accident happen indicated that the bicyclist went into the intersection while she had a red light. The law firm that filed the lawsuit documented that it took the lawsuit to trial. The jury concluded that the city and the first motor vehicle driver were thirteen percent responsible and the second driver twelve percent at fault.

When the trial ended jury decided that the woman was seventy five percent to blame for the accident. In some States the law requires that the plaintiff be less than 50% at fault in order to be compensated for their injuries. The law in the State where this accident occurred permitted her to get compensation despite the fact that the jury found that she was more than 50% at fault for the accident. Yet according to the relevant 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 people incorrectly hold the idea that if they were primarily at fault for a motor vehicle accident that they are not eligible to be compensated for their injuries. It is thus critical if one is injured in a motor vehicle accident to contact an experienced motor vehicle accident lawyer so that you can determine if they are correct in their view that they were mostly responsible or whether, legally, another person was actually to blame. And even when the plaintiff was actually legally responsible for the accident, the attorney can advise them on whether the applicable laws would nonetheless let the plaintiff to be compensated, and if so, how would the amount be decided.

Only an experienced attorney can accurately assess a possible claim under the relevant laws. Furthermore, an experienced lawyer will also know the range of awards juries in the location where the matter would be tried usually award for the plaintiffs injuries.

by: Joseph Hernandez

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