Motor Vehicle Accident Causing Bicyclist's Leg Amputation Leads To $450,000 Recovery

Each State has its own laws that control lawsuits for motor vehicle accidents

. For example, every State has a variant of a law referred to as a Statue of Limitations the quantity of time following the accident within which the plaintiff must file his or her claim. A different extremely important law regulates whether, and the amount, a plaintiff can recover if the plaintiff is in part responsible for the accident.

Regard the reported personal injury claim in which a 19 year old woman was struck by a motor vehicle while she was going across an intersection on her bicycle. The force of the impact threw her from her bicycle and she was then hit and dragged by a second vehicle. She sustained several major injuries including an injury to her leg. The leg injury resulted in an above the knee amputation. According to one report people who observed the accident happen indicated that the plaintiff entered the intersection against red light. The law firm that took the case documented that it took the lawsuit to trial. The jury determined that the city and the first motor vehicle driver were 13% at fault and the second driver 12% at fault.

The jury determined that the bicyclist plaintiff was seventy five percent to blame for the accident. In some States the law does not allow plaintiffs with more than 50 percent fault to recover any damages. The law in the State where this accident happened allowed her to recover regardless that the jury found that she was in excess of fifty percent at fault for the accident. Yet with 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 twenty five percent, or $450,000.

Many individuals wrongly hold the view that if they were primarily to blame for a motor vehicle accident that they are not eligible to be compensated for their injuries. It is therefore critical if one is injured in a motor vehicle accident to check with an experienced motor vehicle accident attorney so as to verify if they are correct in their believe that they were primarily responsible or if, by law, another person was in fact responsible. And even if the plaintiff was really legally at fault for the accident, the attorney can advise them on whether the pertinent laws would still allow the plaintiff to recover, and if so, what formula would be used to calculate the sum of the recovery.

Only a competent lawyer can correctly evaluate a potential claim under the relevant laws. Plus, an experienced lawyer will also know the range of awards juries in the venue where the case would be tried generally award for the plaintiff's injuries.

by: Joseph Hernandez

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