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Bicycle accidents and ignoring the rules of the road, P.2

Previously, we looked very briefly at some of the rules of the road applicable to cyclists. As we noted, cyclists are bound to follow all the rules of the road, just like drivers, though there are certain rules that are specifically applicable to cyclists. Unfortunately, cyclists too often fail to follow these rules and get in accidents as a result.

When an accident involving a cyclist occurs, it is important that a thorough investigation is conducted to determine exactly what happened. Such accidents typically result in harm to the cyclist, though not necessarily exclusively to the cyclist. Determining the relative liability of each party involved in the accident is critical in order to reach a fair result. 

Like other states, Kentucky recognizes the principle of comparative negligence. Comparative liability involves the allocation of liability to each party involved in an accident. Whereas some states don’t allow plaintiffs to recover damages if they meet a certain threshold of liability, Kentucky is considered to be a pure comparative fault state. This means that a plaintiff can recover an amount of damages proportional to the fault of the other liable parties. In other words, there is no cut off point for a plaintiff seeking liability.

Bicyclists who are found to be at fault for some of their injuries can, therefore, still recover damages, though they will not be able to recover as much. In cases where severe spinal or brain injury occurs as a result of an accident, every bit of compensation counts, and it is critical to work with an experienced attorney to build the strongest possible case for liability and to maximize the plaintiff’s damages award. By the same token, motorists who are involved in an accident with an at-fault cyclist should work with an experienced attorney to minimize the amount of liability assigned to them in the case.

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