Do I Still Have a Claim if I was Partly at Fault for My Cycling Accident?

Video Transcription:
As a cyclist, attorney Jim Dodson understands the tendency when cyclists don't stop at a stop sign or red light because they can see nothing is coming. But there is a danger in doing this. If you were involved in an accident where you don't stop at a stop sign or you go through a red light and a car hits you, there might be an accusation that you are partly at fault.

If you are found partly at fault for the accident, it can reduce the value of your claim because Florida is a comparative fault state. This simply means that in any accident whether it's a car on car, car on pedestrian or a car on bike, the actions of the driver and the other party will be looked at to determine who was at fault. It could be the drivers fault, the cyclist or both. If the driver can make an argument that you, the cyclist have contributed to the accident, then every percentage of fault that can be argued against you will then reduce the value of your claim by that percentage. So if the percentage was found that you were 50% at fault and the claim is worth $10,000 your claim is now only worth $5,000.

It's important to remember things like this as a cyclist but more importantly it's important to cycle safely and obey the laws.

Jim Dodson
A Florida injury lawyer, family man and avid cyclist who clients have trusted for over 25 years.