understand their common law and statutory duties. However, in order to bar an injured biker’s recovery, the disabled cyclist’s negligence must be a cause of the accident.
As an example, let’s assume a car crashes head on into a peloton of cyclists going the posted speed limit, single file. If a bike rider is injured, and they did not have side reflectors on their bicycle in violation of law, the Insurance Defense lawyers may make a lot of noise about this fact. In the injured member of the peloton’s personal injury lawsuit, according to the athletes lawyer, the Defense would try to defeat the claim by alleging “contributory negligence.” However, if it was a day time bike crash, then the failure to have side reflectors would not be viewed by a judge as a cause of the crash according to the injured athletes lawyer Doug Landau of Herndon, Virginia.
NOTE: There are special rules about “Contributory Negligence for children. See tomorrow’s post for a discussion of this important legal principle for younger bicycle riders, runners and other injured athletes.