"Contributory negligence" refers to the harsh legal doctrine in which the injured party is barred from recovery if he is found to be guilty of negligence, no matter how slight (as slight as 1% negligent). If the other party involved in your accident is 99% responsible and you are 1% responsible, legally, you cannot recover a single penny, regardless of how serious your injuries are, when the rule of contributory negligence applies.
Who covers your medical bills can be a confusing and anxiety-inducing question if you’ve been injured in a crash. Most often, people rely on their own health insurance provider for payment in the short run. In certain circumstances, however, either the injured cyclist’s auto or bicycle insurance policy or the other driver’s insurance policy may have medical payment, or “MedPay,” coverage available to help with the bills.
In June 2012, a jogger turned around suddenly on the Roanoke River Greenway in Roanoke, Virginia and caused a cyclist to fall off of her bicycle. The cyclist, Ann Shepherd, sustained injuries including bleeding and bruising of the brain. She brought a suit against the jogger, 62-year-old William Bundy, stating that Bundy was negligent and that his failure to signal caused the collision. Shepherd sought $750,000, citing $81,000 in medical bills and $7,600 in lost wages. Last month, a jury determined that Bundy was negligent and ordered him to pay Shepherd $300,000.