What is contributory negligence in a bicycle accident claim?

Contributory negligence is a legal term used to describe the negligence of an individual that contributes to an accident and resulting injuries. In North Carolina, contributory negligence is a full defense to a personal injury claim involving bicycle accidents. This means that if an injured person is found to have contributed to the accident in any way, they are completely barred from recovering damages. For example, suppose a bicyclist is injured in an accident caused by a driver’s negligence. If the bicyclist failed to wear a helmet or ride in a lane designated for bicyclists, the driver may be able to raise contributory negligence as an affirmative defense. This defense would prevent the bicyclist from recovering damages, even though the driver was mainly at fault. Contributory negligence can also be raised to defend a bicyclist who is accused of causing the accident. If another party’s negligence was partially responsible for the accident, the bicyclist may be able to argue that their negligence was less significant than the other person’s and that they should still be able to recover damages. It’s important to be aware that contributory negligence is an extremely harsh defense and can be used to completely bar an injured bicyclist from recovering damages. Therefore, bicyclists should take all necessary precautions to ensure their safety and be prepared to prove in court that they were not negligent in a bicycle accident claim.

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What is contributory negligence in a bicycle accident claim?

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