What is contributory negligence in a bicycle accident claim?

Contributory negligence is a legal doctrine in Indiana that provides that if a plaintiff (the cyclist in a bicycle accident claim) was partly at fault in causing his/her own injuries, then the cyclist cannot recover for any damages caused by the accident. This doctrine applies to bicycle accidents as well. Contributory negligence is a comparative fault system, meaning that the court will compare the relative fault of the cyclist and the driver of the other vehicle involved in the accident. If the cyclist is found to be partially at fault, this can reduce the amount of damages he/she can recover from the other driver. For example, if the cyclist was distracted by a cell phone, not wearing a helmet, or failed to obey a traffic law and was then involved in an accident, then the cyclist may be found to be partially responsible for the accident. This could result in the cyclist’s compensation being reduced or denied altogether. On the other hand, if the driver of the other vehicle was found to be negligent in some way, then the cyclist may still be eligible to receive compensation for damages caused by the accident. The court evaluates the circumstances surrounding the accident to determine each party’s degree of fault. It is therefore important to collect and preserve as much evidence as possible about the accident, including witness testimony and photographs of the accident, to support your case.

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What is contributory negligence in a bicycle accident claim?

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