"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.
Being involved in a bicycle accident can be frightening and traumatic, and what you do in the minutes and hours after the accident can make a big difference in terms of your recovery and your insurance claim. Know your rights, and should you find yourself in this unfortunate situation, follow these eight steps to protect yourself.
Not always. In many cases, your injuries may be limited, your medical bills low, and your property damage minimal. Generally speaking, it may not be necessary to retain a lawyer under these circumstances, as the legal fees alone could eat up most of the settlement funds. That leaves you, the injured party, with very little left over. But, you would be well advised to talk to an attorney before making that decision. At my firm, we provide obligation-free consultations at no charge, and we'll help you to determine whether or not hiring an attorney is in your best interest given the facts of your case.