Can I sue for a bicycle accident if I was partially at fault?

In North Carolina, the law of contributory negligence dictates whether a party who is partly at fault for a bicycle accident can recover damages from other parties involved. Under this law, if the cyclist who was injured can be shown to have been partially responsible for the accident, then the cyclist may be barred from recovering any damages from other parties. For example, if the cyclist was riding recklessly, such as cycling too fast or weaving in and out of traffic, then the cyclist could be held partially responsible for the accident. This means that the cyclist may be barred from recovering any damages, no matter how minor the cyclist’s fault. Fortunately, North Carolina also applies a version of the “comparative negligence” law which, in some cases, allows a party who is partially at fault to recover damages, provided that the party’s percentage of fault is not greater than that of other parties involved. If the cyclist is found to be less than 50% at fault for the accident, then the cyclist can still pursue damages from other parties who may be more at fault. In summary, cyclists who are partially at fault for an accident in North Carolina may still have the right to pursue damages from other parties if their degree of fault is less than 50%. If, however, the cyclist is more than 50% responsible for the accident, then the cyclist may be barred from recovering any damages.

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Can I sue for a bicycle accident if I was partially at fault?

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