What is contributory negligence in a bicycle accident claim?

Contributory negligence is a concept used in bicycle accident claims in Pennsylvania, and is defined as an act or omission from a plaintiff which contributes to a bicycle accident that results in injury. In some states, this legal doctrine operates as a complete bar to recovery of damages, while in other states, including Pennsylvania, contributory negligence is a partial defense and will reduce recovery. In a bicycle accident claim in Pennsylvania, contributory negligence is a major factor that should be taken into consideration when determining whether damages should be awarded or not. Under Pennsylvania law, if a plaintiff is found to have been in any way negligent, his or her damages will be reduced by the percentage of fault that is attributed to him or her. For example, if a plaintiff were to be found to be 25% at fault in a bicycle accident, any damages awarded to the plaintiff would be reduced by 25%. In such a scenario, if $100,000 in damages were sought in a bicycle accident claim, the plaintiff would only be able to recover $75,000. In order to prove contributory negligence, an opposing party must show that the plaintiff had some reason to know of the risk posed by his or her actions and then acted negligently anyway. If a plaintiff is deemed to be the sole or primary cause of an accident, then he or she is not likely to be successful in a bicycle accident claim.

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What is contributory negligence in a bicycle accident claim?

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