What if the bicycle rider was not following traffic laws at the time of the accident?

In Florida, if the bicycle rider was not following traffic laws at the time of the accident, it may affect the outcome of the case. Depending on the circumstances, the court may assign some degree of fault to the bicyclist, thus reducing or eliminating any award of damages from the other party. Florida is a comparative negligence state, meaning that even if a person is mostly responsible for the accident, they can still recover some of their damages. The courts will assess the degree of fault of each party and will reduce the plaintiff’s recovery by their percentage of fault. If the bicyclist was partially responsible for the accident, then they may still be able to recover damages, although it may be less than what they would have received had they followed the traffic laws. In addition to the comparative negligence rule, Florida also has a negligence per se rule, which states that a person who violates a safety statute is considered negligent. If, for example, the bicyclist was violating a traffic law at the time of the accident, they could be found liable for the accident, regardless of the amount of their fault. It is important for bicyclists in Florida to be aware of the traffic laws and abide by them in order to avoid liability. Even if it was not the direct cause of the accident, the violation of the traffic law may still come into play in the event of an accident.

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