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The effect of negligence on bike accident liability in New York

On Behalf of | May 6, 2024 | Bicycle Accidents |

When an injured cyclist decides to seek compensation in court, the judge will consider negligence to determine liability. This involves assessing the extent to which each party’s carelessness played a role in causing the accident.

The court will consider various factors, such as the cyclist’s adherence to traffic laws, the motor vehicle driver’s attention to the road, road conditions and environmental factors.

How exactly does the relation between negligent and liability work?

The state’s system of comparative negligence

Each state follows different laws on negligence in personal injury cases. In New York, courts follow a pure comparative negligence system, which means that a damaged party can recover compensation even if they are partially at fault for the accident. This is regardless of whether they are only 10 percent or 99 percent at fault.

However, the court will reduce their recovery amount by the extent of fault. For instance, if the court finds the injured cyclist to be 50% responsible for an accident and the damages amounted to $100,000, the cyclist could still recover $50,000.

While the system of comparative negligence can be confusing, courts apply this to encourage all parties to exercise care since their own negligence can reduce their chances to recover damages.

Do not let doubts affect your right to compensation

If you suffered injuries from a bike accident and are hesitant to pursue compensation due to partial fault, it is advisable to seek guidance from a knowledgeable bicycle accident attorney. This will allow you to gauge your situation, assess your rights and remedies and ensure you recover in peace.