• 10-08-2013
    mtbxplorer
    Surviving the Crash - Cyclists' Rights
    New book. Cyclists? Rights, Safety the Focus of Local Lawyer?s New Book | ARLnow.com

    I thought this part was interesting...
    "..said cyclists in particular should be aware of the “contributory negligence” statute in Virginia, Washington, D.C. and Maryland, three of just five states and cities in the country that have the rule."

    “If a cyclist is injured as the result of a motorist’s negligence, and the motorist was 99 percent at fault, but the cyclist was 1 percent negligent, and that negligence contributed to the accident, that cyclist is barred from recovering anything for his or her injuries, no matter how catastrophic,” Deming said. “You really have to be squeaky clean.”
  • 10-08-2013
    BrianMc
    I wonder if they sell cycling insurance in such states. The power/damage difference makes such a rule unfair. Need to know where this is a rule so I don't move there.
  • 10-09-2013
    mtbxplorer
    Alabama, DC, N. Carolina, Maryland, Virginia

    from
    What states are contributory negligence states

    More details on other states' provisions: http://www.latitudesubro.com/misc/co...negligence.pdf
  • 10-09-2013
    newfangled
    Quote:

    Originally Posted by mtbxplorer View Post
    Alabama, DC, N. Carolina, Maryland, Virginia

    from
    What states are contributory negligence states

    More details on other states' provisions: http://www.latitudesubro.com/misc/co...negligence.pdf

    I assume this is to limit people suing one another over traffic accidents? But wow, that's crappy. It's like guilty until proven innocent. "Prove that you weren't at least 1% guilty" - how do you respond to that when traffic laws contain vague language like "practicable."
  • 10-09-2013
    Harold
    Quote:

    Originally Posted by newfangled View Post
    I assume this is to limit people suing one another over traffic accidents? But wow, that's crappy. It's like guilty until proven innocent. "Prove that you weren't at least 1% guilty" - how do you respond to that when traffic laws contain vague language like "practicable."

    No doubt. Glad I don't live in one of those states.