Comparative vs. Contributory Negligence in Bicycle Accidents

How much compensation you can recover often depends on whether you share any fault for the accident. Your state's negligence system determines how partial fault affects your case.

Contributory Negligence States

States: Alabama, Maryland, North Carolina, Virginia, Washington D.C.

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The Harsh Rule If you're found even 1% at fault, you recover NOTHING.

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Example A cyclist runs a stop sign and is hit by a speeding driver. Even though the driver was speeding, the cyclist's violation could bar all recovery.

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Why It's Devastating Insurance companies in these states aggressively argue any fault to avoid paying anything.

Pure Comparative Negligence States

States: Including California, New York, Florida, and about 10 others.

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The Fair Rule Your damages are reduced by your percentage of fault, but you can always recover something.

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Example You're 30% at fault for $100,000 in damages. You recover $70,000.

Modified Comparative Negligence States

Most states follow this system.

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50% Bar Rule You can recover if you're less than 50% at fault.

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51% Bar Rule You can recover if you're 50% or less at fault.

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Example At 49% fault with $100,000 damages, you recover $51,000. At 51% fault, you recover nothing under the 51% bar rule.

How Fault Is Determined

Factors insurance companies and juries consider:

• Traffic law violations

• Helmet use (in some states)

• Visibility and lighting

• Road position

• Speed

• Impairment

• Distraction

Protecting Yourself

1. Follow all traffic laws 2. Use lights and reflectors 3. Wear visible clothing 4. Don't admit any fault at the scene 5. Get witness contact information