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I was riding at night without a light on my bike when I was hit by another vehicle. My state’s law doesn’t require lights on bikes after dark. Can I still sue?
This depends on your state. This is a case of comparative negligence – in other words, were both you and the driver of the car careless, and if so, how much did the carelessness affect the accident? If your state does not require the use of a light at night, then you were not negligent for not having a light on your bike. However, if you were riding in a particularly dark area that you have ridden in before, wearing dark clothing and with no reflective material on your bike at all, you may be found to have contributed to the accident by your negligence.
In some states, this will have some effect on the amount of damages you receive. For example, a jury may be instructed to decide how the manner in which you were dressed or the lack of reflective material contributed to your accident, and your damages may be reduced by that much. In a small handful of states, this may prevent you from receiving damages entirely, although that is a difficult determination to make without knowing the statutes in your state and the specifics of your accident. For example, if the driver of the vehicle that hit you was legally intoxicated, it may not matter what you were wearing.
A qualified attorney will be able to tell you what the law is in your particular state and how your case should be handled. |
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