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Articles Tagged with bicycle

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bicycleBy Kyle Roby
Attorney and Partner
English, Lucas, Priest and Owsley, LLP

Each state has its own rules as to how to handle a case in which both the plaintiff and the defendant are alleged to have been negligent in causing an accident. In a Kentucky car wreck case, the law of pure comparative fault applies. (In some other states, the rule may be modified comparative fault or pure contributory negligence.)

Under the doctrine of pure comparative fault followed in Kentucky, the plaintiff can recover money damages from the defendant as long as he or she is not found to be 100% at fault; however, he or she is only entitled to recover the percentage of total damages attributed to the defendant’s negligence.

Such cases are often hotly contested, since each party may try to pin all or most of the blame for the crash on the other side.

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1110334_car_and_bike sxchu username ba1969The Kentucky Court of Appeals has ordered a new trial after evidence was improperly excluded in a bike accident case. In Motorists Mutual Insurance Company v. Thacker, a Pikeville, Kentucky resident was struck by a motor vehicle while riding her bicycle near Palm Beach, Florida. As a result of the crash, the woman endured multiple broken bones and a traumatic head injury. The woman also apparently required psychiatric treatment following the bike accident. After the driver’s liability insurer paid the woman the full policy limits of $20,000 for her accident injuries, she filed a lawsuit in Pike County Circuit Court seeking underinsured motorist (UIM) benefits from her own auto insurance company.

Following a trial, a jury returned a $3.9 million verdict against the woman’s UIM insurer. The jurors also found that the woman was 50 percent responsible for her injuries. The trial court offset the financial compensation the woman received from the motorist’s liability carrier before awarding her more than $1.9 million. The UIM insurer then appealed the jury’s verdict to the Kentucky Court of Appeals.

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