Female Bicyclist Needs Leg Amputation Following Motor Vehicle Accident Permitted To Recover Against Drivers

 By: J. Hernandez
Each State has its unique laws that regulate lawsuits for motor vehicle accidents. For instance, each State has a variant of a law referred to as a Statue of Limitations the amount of time following the accident within which the plaintiff must file his or her claim. Another particularly important law regulates if, and the amount, a plaintiff can get compensated in case the plaintiff is in some measure responsible for the accident.

Regard, for instance, the documented personal injury claim in which a 19 year old woman was hit by a motor vehicle while she was going across an intersection riding her bicycle. The collison threw her off her bicycle. She was then hit and dragged by a second vehicle. She suffered multiple major injuries. Among them were an injury to her leg which resulted in an above the knee amputation. According to one report witnesses to the accident pointed out that the plaintiff went into the intersection while she had a red light. The law firm that took the case reported that it took the claim to trial. The jury determined that the city and the first second driver were 13% responsible and the second driver 12% responsible.

The jury decided that the plaintiff was 75% at fault for the accident. In certain States the law does not allow plaintiffs with more than 50 percent fault to be compensated for their injuries. The law in the State where this accident took place allowed the plaintiff to get compensation even though the jury found that she was in excess of fifty percent to blame for the accident. However under the pertinent State law the amount she could get would only be proportional to her level of fault. Thus, while the jury awarded $1.8 million, she was only able to recover twenty five percent, or $450,000.

Sometimes, people inaccurately hold the view that if they were primarily responsible for a motor vehicle accident that they are not eligible to recover for their injuries. It is consequently critical if one is injured in a motor vehicle accident to consult with a skilled motor vehicle accident attorney so as to establish if they are correct in their view that they were primarily responsible or if, legally, another person was in fact to blame. And even if the plaintiff was really legally responsible for the accident, the lawyer will advise them on whether the applicable laws would still allow the plaintiff to recover, and if so, how would the amount be determined.

Only a competent lawyer can correctly evaluate a potential claim under the relevant laws. In addition, an experienced attorney will also be familiar with the range of awards juries in the location where the claim would go to trial generally award for the plaintiff's injuries.
Artice Source: http://www.articlesphere.com

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