What is contributory negligence in a bicycle accident claim?

Contributory negligence is a legal term that applies to bicycle accident claims in Washington. It means that the courts may hold a plaintiff (the person who files the lawsuit) partially responsible for the accident if they contributed to the incident in any way. For example, if a bicyclist was not obeying the rules of the road at the time of the accident, they may be found to have contributed to their own injuries. In Washington State, contributory negligence is a defense used by a defendant in a bike accident claim to reduce their liability. This means the court may allow the defendant to not be completely responsible for the plaintiff’s injuries if the plaintiff was partially at fault for the accident. In Washington, contributory negligence is a strict liability law, which means that the plaintiff cannot claim any amount of compensation if they are found to be at least 1 percent responsible for the accident. This is in comparison to a comparative negligence law, where the court would determine the percentage of responsibility for each party and adjust the plaintiff’s compensation accordingly. Although contributory negligence may have an impact on the outcome of a bicycle accident claim, it cannot be used as a complete defense. Therefore, it is still important for the plaintiff to be aware of the laws in Washington and understand their rights in the case of an accident.

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