Female Bicyclist Who Loses Her Leg From Motor Vehicle Accident Gets To Recover Against Drivers
By: J. Hernandez
Submitted: 2010-08-15 11:45:04 | Word Count: 527
Okay, so you were injured in a motor vehicle accident. However you were partly, or perhaps even, for the most part to blame for causing the accident. Will you be able to get compensated for your injuries? If so, how much? The answer can depend on where the accident occured.
Regard, for instance, the reported case wherein a nineteen year old woman was struck by a motor vehicle as she was going across an intersection riding her bicycle. The collison threw her from her bicycle. She was then hit and dragged by a second vehicle. She suffered a variety of substantial injuries including an injury to her leg. The leg injury led to an above the knee amputation. Based on one report people who observed the accident happen pointed out that the plaintiff entered the intersection without stopping for the red light. The law firm that filed the lawsuit documented that it took the claim to trial. The jury concluded that the city and the first second driver were 13% at fault and the second driver 12% to blame.
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At the end of the trial the jury found that the woman was 75% responsible for the accident. In certain States the law requires that the plaintiff be less than 50% at fault in order to recover any damages. The law in the State where this accident happened allowed the bicyclist to get compensation despite the fact that the jury determined that she was greater than fifty percent at fault for the accident. However under the pertinent State law the amount she could get would only be proportional to her level 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 idea that if they were mainly responsible for a motor vehicle accident that they are not entitled to be compensated for their injuries. It is therefore critical if one is injured in a motor vehicle accident to consult with an experienced motor vehicle accident lawyer so as to establish whether they are correct in their view that they were mostly to blame or if, by law, someone else was actually to blame. And even in the event the plaintiff was actually legally responsible for the accident, the attorney can advise them on whether the applicable laws would even so allow the plaintiff to recover, and if so, what system would be used to calculate the sum of the recovery.
Only a competent attorney can properly evaluate a potential claim under the applicable laws. Also, an experienced attorney will also understand the range of awards juries in the venue where the matter would go to trial generally award for the plaintiff's injuries.
Author Resource:-
Joseph Hernandez is an Attorney accepting bicycle accident matters. To learn more about how a bicycle accident lawyer or a vehicle accident attorney may be able to help you visit his website
