What is contributory negligence and how does it affect a motorcycle accident claim?

Contributory negligence is a legal theory that states that if someone’s actions, even if unintentional, contributed to their own injury, they cannot claim damages from another person who is also negligent. This means they cannot sue for monetary compensation. In the state of Kansas, contributory negligence law affects motorcycle accident claims in several ways. First, if a plaintiff’s own negligent actions, even if unintentional, contributed to the accident in any way, they may not be able to collect financial damages from any other party that was also negligent. Second, if the plaintiff was found to be more than 50% at fault for their injuries, then they are not eligible to receive any financial compensation. For example, if a motorcyclist was riding too fast and failed to yield to a car, and then the car hit them, the motorcyclist would likely be unable to collect damages from the other driver because their speeding and failure to yield were seen as negligent actions that contributed to the accident. The law of contributory negligence can be a huge obstacle for motorcycle accident claimants in Kansas. Therefore, all motorcyclists should be aware of any state laws that may affect their ability to claim damages in an accident.

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What is contributory negligence and how does it affect a motorcycle accident claim?

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