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I had a bicycle accident and I was partly responsible, can I still sue?
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I was riding my bike, and I wasn’t paying attention and I crossed against a light and got hit by a car. I know it was kinda my fault, but the driver that hit me was talking on his cell phone and not paying attention, otherwise he would have had plenty of time to stop. Can I still sue him, even though it was party my fault?
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The answer to your question depends on the personal injury laws within your state. If your state has a comparative negligence policy, you may still be able to sue the driver, if you can prove the driver was partly at fault for your injuries. The jury will determine the extent of the damages you incurred, and the portion of responsibility that lies with you and with the other driver. If you are found to be 50% responsible, you may be able to recover 50% of your damages from the other driver who is partially responsible as well. You should speak with an experienced personal injury attorney who understands liability laws in your jurisdiction in order to get a conclusive answer to your question.
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Posted by Jeff Rickman on 04 Mar 2010
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