Most personal injury claims rest on a finding of negligence, which occurs when individuals act with careless or reckless disregard for the safety of others. When individuals are found to be negligent for causing an accident that injures others, they typically are responsible for the costs of those injuries.
In some cases, however, the injury victims are somewhat responsible or at fault for the accident that led to their injuries. Nonetheless, even if injury victims are partially at fault for the accident, they still may be able to recover damages from other parties who share responsibility for the accident. As a result, if a bicyclist violated a traffic law or otherwise contributed to the accident that led to his or her injuries, the bicyclist still may have a viable personal injury claim against the other parties that caused the accident. Unlike some other states, even if the injured bicyclists are more than 50% at fault for the accident that led to their injuries, they still can seek damages from other parties who are partially at fault for the accident.
Under principles of comparative negligence, parties only are responsible for their respective percentages of fault for injuries related to an accident. For instance, suppose that the injured bicyclist is awarded a total of $10,000 in damages, but is found to be 20% at fault for the accident. As a result, the bicyclist’s damages decrease by 20%, or $2,000. This limits the bicyclist to a total of $8,000 in damages instead of the full $10,000 that he or she would have received if he or she had not been partially at fault for the accident.
If you have suffered injuries while riding a bicycle, you may greatly benefit from calling us today and getting the advice that you need. Bonnici Law Group has the experience and knowledge that is invaluable when making a claim for compensation following a bicycle accident. When you need answers, contact Bonnici Law Group today at 619-259-5199. As we focus our efforts on bike-related personal injury cases, we know how to protect your rights and build a strong claim for compensation in your case.