Personal Injury Lawyer Phoenix, AZ
Like a car accident, you may be liable if you are partially at fault for a bike accident.
NEGLIGENCE
Most accidents, whether with cars or bicycles, fall under the tort law principle of negligence. Negligence is the failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances. Under this sort of claim, you would need to prove the following:
- Duty: The driver or cyclist owed a duty to drive or ride responsibly and safely.
- Breach of Duty: The driver or cyclist breached that duty when they failed to drive or ride in a reasonable manner.
- Causation: The driver or cyclist’s breach of duty caused the accident.
- Damages: You suffered a personal injury as a result.
Often, accidents are not purely 100% someone’s fault. There can be a lot of factors that contribute to an accident, including other vehicles, weather conditions, traffic conditions, and even your own negligence.
Determining fault is one of the most important aspects of accident claims, yet how insurance companies deal with negligence claims varies from state to state.
CONTRIBUTORY NEGLIGENCE
Contributory negligence is often an affirmative defense used in accident claims. Contributory negligence occurs when a party acts negligently and ends up injured as a result.
Example: The driver of a car failed to drive in a reasonable manner when they were speeding through the neighborhood. The cyclist was riding negligently down the center of the road when the car struck and injured the cyclist. Because the cyclist breached their duty to ride responsibly and safely, they contributed to their injuries with their own negligence.
PURE COMPARATIVE NEGLIGENCE
Many states, including Arizona, consider pure comparative negligence, a type of contributory negligence when processing an accident claim. Pure comparative negligence states that, when an accident occurs, the fault (or negligence) of each party involved is based upon their respective contributions to the accident. The percentage of fault is often used when determining damages.
Example: Using the situation above, let’s say the cyclist pursued a personal injury claim against the driver of the car and was awarded $100,000. However, the cyclist was found to be 30% at fault for the accident, therefore the cyclist’s damages will be reduced by 30% to $70,000.
CONSULT AN ATTORNEY
If you are partially at fault for a bike accident, contact the law offices of Kamper & Estrada, PLLC. Our experienced personal injury lawyers Phoenix, AZ trusts can help you understand what sort of damages you may be entitled to and will fight to make sure you receive fair compensation for your injuries.
