Female Bicyclist Needs Leg Amputation After Motor Vehicle Accident Permitted ToReceive Compensation From Drivers
By: J. Hernandez
Submitted: 2010-11-20 17:35:26 | Word Count: 513
So you were hurt in a motor vehicle accident. However you were to some extent, or perhaps even, mostly at fault for causing the accident. Are you able to get compensated for your injuries? If so, what amount? The response hinges on where the accident took place.
Examine, for example, the reported personal injury claim in which a 19 year old woman was struck by a motor vehicle as she was crossing an intersection with 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. Among them were an injury to her leg. The leg injury resulted in an above the knee amputation. Based on one report witnesses to the accident indicated that the woman went into the intersection while she had a red light. The law firm that took the case published that it took the case to trial and the jury concluded that the city and the first second driver were 13% to blame and the second driver twelve percent responsible.
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The jury found that the bicyclist plaintiff was seventy five percent at fault for the accident. In certain 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 occurred allowed the bicyclist to recover regardless that the jury found that she was in excess of 50% to blame for the accident. However under the relevant 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 have the mistaken idea that if they were mainly responsible for a motor vehicle accident that they are not eligible to recover for their injuries. It is consequently important if one is injured in a motor vehicle accident to consult with an experienced motor vehicle accident lawyer in order to verify whether they are correct in their believe that they were mostly at fault or if, legally, another person was really responsible. And even in the event the plaintiff was really legally at fault for the accident, the lawyer can advise them on whether the applicable laws would even so permit the plaintiff to recover, and if so, what formula would be applied to assess the sum of the recovery.
Only a competent attorney can accurately evaluate a possible claim under the applicable laws. In addition, an experienced attorney will also be familiar with the range of awards juries in the venue where the claim would go to trial typically give 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 can help with various vehicle accident matters including fatal car accident matters visit the websites
