What is contributory negligence in a bicycle accident claim?

Contributory negligence in a bicycle accident claim in New York is when an individual who is claiming damages is partially responsible for the cause of the accident. In other words, the individual claiming damages may have contributed in some way to the bicycle accident. In New York, if it is found that the individual claiming damages is partially responsible for the accident, he or she may not be able to recover any or all of the damages sought. For example, if a bicyclist was riding on a sidewalk and a car driver was speeding, the bicyclist may be held partially responsible if he or she failed to yield to the car driver and be found contributorily negligent. Under New York bicycle accident law, a court will assess the contributory negligence of the bicyclist to determine the percentage of fault for the accident. The court then reduces the award of damages by the percentage of the contributory negligence attributed to the bicyclist. For instance, if a bicyclist seeks damages for medical bills and the court finds that the bicyclist was 25% at fault, the court may reduce the damages awarded by 25%. Therefore, if the court awards the bicyclist $5,000 in damages, the total amount the bicyclist will be able to receive would be $3,750—$1,250 less than the original award. Overall, contributory negligence is an important legal theory when it comes to bicycle accident claims in New York because it can reduce the amount of compensation that a bicyclist can receive for damages. Therefore, it is important for bicyclists to understand the laws and principles of contributory negligence when making a claim.

Related FAQs

What if the driver who caused my bicycle accident was under the influence of drugs?
What if the driver who caused my bicycle accident was operating their vehicle in an unsafe manner?
Who is liable if I am injured on a bicycle due to a defective product?
What type of compensation can I receive for medical bills after a bicycle accident?
What should I do if I am injured in a bicycle accident?
What if I am injured on a bicycle while on the sidewalk?
What is the statute of limitations for a bicycle accident lawsuit?
What if a bicycle rider collides with another bicycle rider while riding on a sidewalk?
What if I am hit by a car while on a bicycle and the driver does not stop?
What if the driver who caused my bicycle accident was a minor?

What is contributory negligence in a bicycle accident claim?

Related FAQs

Related Blog Posts