fbpx

Negligence in McKinney Bicycle Accident Cases

If you have been injured in a bicycle accident, you deserve to focus on recovery instead of worrying about bills and insurance companies. Cycling accident cases can be complex and difficult to navigate, but an experienced attorney could help fight for you. A lawyer who understands the role of negligence in McKinney bicycle accident cases could help manage your case and fight for a favorable outcome.

Contributory negligence in McKinney

In McKinney and throughout the entire state of Texas, there is a modified comparative negligence standard. A strict comparative negligence standard would hold that if a person is partially responsible for their own injury, the amount they can recover is reduced by the amount of their responsibility. For instance, if a jury finds that a person is 20 percent responsible for their own injury, the most they can recover from the person who otherwise was responsible for the accident is 80 percent of the cost of the injuries.

The Texas comparative negligence standard is modified, however, so that if a person is more than 50 percent responsible for their own injury they can recover nothing. That is called the 51 Percent Bar Rule and is found in Chapter 33 of the Civil Practice and Remedies Code.

It is a rule that has to be considered particularly in bicycle accident cases and other wrecks in which people very often assign some responsibility to the plaintiff, the injured party. One must determine whether an offer of compensation is good and what the chances are for recovery based on the potential that the injured person could be assigned percentage of blame by the jury.

How Negligence is Calculated

In a comparative negligence case, negligence is calculated simply by multiplying the percent of responsibility of each party with the total damages the jury comes up with. For example, if the jury finds that a person has $100,000 worth of damages and that the injured party is 20 percent responsible, that reduces the recovery by 20 percent, leaving the maximum amount to be recovered from all defendants at $80,000.

Under the Texas modified rule, the determination would be based on the 51 percent Bar Rule, which holds that if an injured party is more than half at fault, they get nothing. Another factor that sometimes comes into play is a multiple-defendant case. Texas law has joint and several liability if a defendant is more than 50 percent at fault. That means that one defendant can be held responsible for all of the damages even if another defendant is partially responsible for the injury. That occurs when one defendant is more than 50 percent at fault. For example, a bicyclist is injured by two people deemed to be negligent. One driver may have cut off another and the other driver overreacted and struck the bicycle, causing injuries.

When more than one defendant is at fault, the jury assigns fault to each. Say the jury assigns 60 percent fault to one defendant and 40 percent to the other, and there are $100,000 in damages. The defendant who is 40 percent would normally pay $40,000 of the damages and the other defendant $60,000. However, if the defendant who is 40 percent at fault cannot pay, then the defendant that is 60 percent at fault would have to pay the entire judgment and then sue the 40 percent responsible defendant for his percentage of responsibility. Joint and several liability allows an injured person to be made whole from the person or company primarily at fault for the injury if that person or company is more than 50% responsible for the injury regardless of the ability of other responsible persons or entities to pay a judgment. A lawyer who understands the role of negligence in McKinney bicycle accident cases can explain these laws during a consultation.

Helmets in Contributory Negligence Cases

The lack of wearing a helmet or taking safety precautions can play into a comparative negligence case in states that require them. Often, juries in those states will assign responsibility to the plaintiff. In Texas, however, helmets and other gear are not required, so it is a matter of which judge handles the case; some will allow it, others will not.

A judge may decide that whether the injured bicyclist was wearing a helmet has nothing to do with the cause of a wreck between the bicycle and a car. Another judge will assign causation to the lack of a helmet because it contributed to the amount of injury the bicyclist suffered. That is still an unsettled issue in Texas law.

When there is negligence in McKinney bicycle accident cases, the complexities of Texas law may become difficult to understand. An experienced bicycle accident attorney could help give you peace of mind.

Free Consultation

Reviews

The McCraw Law Group
4.8
Based on 84 reviews
powered by Google
Mary Thompson
Mary Thompson
20:51 25 Feb 20
From the very first meeting with the McCraw Law Group we were treated with respect and care. They were so helpful is... trying to speed things up. We all know that when you have a lawsuit against some one there will be problems. This group of lawyers were very attentive and knew how to get what we needed. I will call them again if anything comes up that I need a lawyer.read more
Michael Taylor
Michael Taylor
19:46 12 Feb 20
McCraw Law Group is an exceptional firm and I could not ask for more than what I received with their services. All of... their staff, from the clerks to the attorneys, were extremely helpful and caring and constantly asked me if I needed anything or if I had any questions or concerns. If you need to have someone on your side and trust them to have your best interests in mind, I would place that trust in The McCraw Law Group.Would I recommend them to my friends and family? I would without a doubt.Would I like to have them on the other side of a courtroom and going against them? Absolutely Not.To the staff that handled my case, I greatly appreciate all of your work and the result speaks for itself. Thank you!read more
Justin Hansen
Justin Hansen
12:29 07 Feb 20
The staff at the McCraw law group are second to none. They are intelligent and hard working people that will do their... best to make sure you are set to recover physically, emotionally, and financially from any injury. Thank you so much!!read more
Zane Allen
Zane Allen
04:39 18 Dec 19
I was in an accident in March and had injuries resulting from the crash. Obviously my first call was to a doctor to get... checked out but was told I was going to need physical therapy. My second call was to the McCraw Law Group. They took care of all of the grunt work so that all I had to focus on was getting better. They were very communicative about the process, and better yet, they were incredibly responsive to any emails, calls, and questions. I was very appreciative and thankful for all of their hard work. They are a great group of people to work with when you’re needing the help.read more
Elisa Dean
Elisa Dean
15:38 16 Dec 19
I recommend The Mccraw Law Group to anyone who is hurt in an accident.My experience has been wonderful. They do the... best they can to get the most from the insurance company. My communications have been with Vanessa, Suzanne and Jason.Jason is very special to me. He understood my needs and was very caring and the sweetest attorney I have ever met. He was honest and did everything he could to bring my case to a conclusion.Vanessa and Suzanne are very sweet and are there to help every step of the way.read more
Fernando Salas
Fernando Salas
19:07 10 Dec 19
First time needing a lawyer. Everything went extremely smooth and quick. Mr. McCraw went to my house after my car wreck... and I knew at that point that I was in good hands. Everyone who works there are so nice and will answer any questions or concerns you have. Thank you guys for all of your help.read more
Adelyn Braswell
Adelyn Braswell
17:02 10 Dec 19
When me and my family recently got hit by a drunk driver. They helped us with everything we needed. We had so many... questions and didn’t hesitate to answer. It was our first time with any lawyer so they made everything so easy for us, and got it all done so quick. They did everything in their power to get us all the money we deserved. They were all so friendly and I would recommend them to anyone.read more
Courtney Brooks
Courtney Brooks
16:12 12 Sep 19
I had a wonderful experience from beginning to end with the McCraw Law Group. My case was accepted and I was kept up to... date on how it was proceeding, and when it came to a settlement, we got more than expected. Everyone was very kind, the court proceedings went smoothly and I was extremely satisfied. I will definitely use them again if anything else arises.read more
Next Reviews

ACCIDENTS