Each state has its own laws that control lawsuits for motor vehicle accidents. For example, each state has a version of a law called the Statue of Limitations the amount of time after the accident within which the plaintiff must file a claim. Another very important law controls whether, and how much, a plaintiff can recover if the plaintiff is partially at fault for the accident.
Consider, for example, the reported case in which a 19 year old woman was struck by a motor vehicle as she was crossing an intersection with her bicycle. The force of the impact threw her from her bicycle and she was then hit and dragged by a second vehicle. She suffered multiple serious injuries including a injury to her leg which resulted in an above the knee amputation. According to one report witnesses to the accident indicated that the plaintiff entered the intersection against a red light. The law firm that handled the case reported that it took the case to trial and the jury found that the city and the second driver were 13% at fault while the first driver was 12% at fault.
The jury found that the bicyclist plaintiff was 75% at fault for the accident. In certain states the law requires that the plaintiff less than 50% at fault in order to recover any
damages. The law in the state where this accident occurred allowed the plaintiff to recover even though the jury found that she was more than 50% at fault for the accident. But under the applicable state law her recovery would only be proportional to her degree of fault. Thus, while the jury awarded $1.8 million, she was only able to recover 25%, or $450,000.
Many people incorrectly believe that if they were mostly at fault in a motor vehicle accident that they are not entitled to recover for their injuries. It is thus important for anyone injured in a motor vehicle accident to consult with an experienced motor vehicle accident attorney in order to determine whether they are correct in their believe that they were mostly at fault or whether, legally, someone else was actually at fault. And even if the plaintiff was actually legally at fault for the accident, the attorney can advise them on whether the applicable laws would nonetheless allow the plaintiff to recover, and if so, what formula would be used to calculate the amount of the recovery.
Only an experienced attorney can properly evaluate a potential claim under the applicable laws. In addition, an experienced attorney will also know the range of awards juries in the venue where the case would be tried generally award for the plaintiff's injuries.
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