Even Though Bicyclist Was Mostly Responsible For Accident She Still Recovers Against Drivers
By: J. Hernandez
Submitted: 2010-07-06 01:11:55 | Word Count: 506
Okay, so you were hurt in a motor vehicle accident. Unfortunately you were partly, or perhaps even, largely at fault for causing the accident. Are you able to get compensated for your injuries? And if you can, what amount? The answer depends on where the accident happened.
Regard, for example, the published personal injury claim wherein a nineteen year old woman was hit by a motor vehicle as she was crossing an intersection with her bicycle. The collison threw her from her bicycle. She was then hit and dragged by a second vehicle. She suffered several serious injuries. Among them were 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 pointed out that the woman went into the intersection against red light. The law firm that filed the lawsuit reported that it took the claim to trial and the jury found that the city and the first motor vehicle driver were thirteen percent responsible and the second driver 12% to blame.
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When the trial finished jury determined that the woman was 75% at fault for the accident. In particular 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 permitted the bicyclist to recover regardless that the jury determined that she was more than fifty percent to blame for the accident. Yet under the pertinent State law her recovery 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 hold the mistaken notion that if they were mostly at fault for a motor vehicle accident that they are not entitled to recover for their injuries. It is therefore important for anyone injured in a motor vehicle accident to consult with an experienced motor vehicle accident attorney so as to figure out if they are right in their believe that they were mostly responsible or whether, legally, another person was actually at fault. And even if the plaintiff was actually legally responsible for the accident, the attorney will advise them on whether the relevant laws would still permit the plaintiff to be compensated, and if so, how would the amount be established.
Only an experienced lawyer can accurately evaluate a possible claim under the pertinent laws. In addition, an experienced attorney will also be aware of the range of awards juries in the location where the claim would go to trial generally give for the plaintiff's injuries.
Author Resource:-
Joseph Hernandez is an Attorney accepting bicycle accident cases. To learn more about how a bicycle accident attorney or a vehicle accident attorney may be able to help you visit his website
