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

Contributory negligence is a legal concept used in New York that is often applied in the event of a motorcycle accident. It is a concept that states that if the injured person contributed in any way to their own injury, they may not be entitled to full compensation for their damages. In the context of motorcycle accidents, contributory negligence can turn out to be problematic for the injured party. For example, if an accident occurs and it is determined that the injured party was at fault in some way, the courts may not be able to award the full amount of compensation requested. Instead, the amount of compensation may be reduced according to the amount of fault the injured party had in causing the accident. This means that if an injured party is found to be even partially at fault for the accident then they may not receive the full amount of compensation they are asking for. It is important to note, however, that in the event of a motorcycle accident, New York follows the comparative negligence standard. This means that even if a motorcycle rider was partially at fault in causing the accident, the court can still award them damages, but those damages will be reduced according to the percentage of fault attributed to the injured party. In conclusion, contributory negligence is a concept that is often applied in the event of a motorcycle accident in New York. If the injured party is deemed to have contributed in any way to the accident, they may not be entitled to the full amount of compensation requested. It is important to note, however, that under the comparative negligence standard, even if an injured party was partially at fault for the accident, they can still be awarded damages, although those damages may be reduced according to the percentage of fault attributed to the injured party.

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

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