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socrateaser
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 38557
Experience:  Retired (mostly)
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Accidental head collisions on bicycle track and accussed of

Customer Question

Accidental head collisions on bicycle track and accussed of general negligence, I think both have negligence how would the case goes?
Submitted: 8 months ago.
Category: Legal
Expert:  socrateaser replied 8 months ago.

Hello,

In which state jurisdiction did the collision occur? Your question cannot be answered correctly without this information.

Thanks in advance for using Justanswer!

Customer: replied 8 months ago.
California
Expert:  socrateaser replied 8 months ago.

Okay, thanks. That's helpful, because I'm a California lawyer!

California courts observe a doctrine described as "pure comparative negligence." This means that the judge or jury must determine the percentage of negligence that is attributed to both the plaintiff and the defendant. For example, if the defendant is determined to be 25% negligent, then the plaintiff can only recover 75% of the damages requested. If defendant is 50% negligent, and plaintiff is 50% negligent, then plaintiff is entitled to 50% of the damages requested.

But, if both plaintiff and defendant sue each other for negligence, then no matter what the outcome, neither party can collect against the other, because every result is a "wash." One party's recovery will always be exactly equal to that same party's damages. Only in the situation where one party fails to prove any negligence against the other would that party become liable -- in which case, the result would be 100% liability.

Definitely not a simply concept, but that's how it would work, given the circumstances you describe.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, I receive nothing for my efforts in your behalf.

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Expert:  socrateaser replied 8 months ago.

Hello again,

Do you need further clarification on anything, or is everything satisfactory?

Expert:  socrateaser replied 8 months ago.

Hello again,

I see that you have reviewed my answer, but that you have not provided a rating. Do you need any further clarification concerning my answer, or is everything satisfactory?

If you need further clarification, concerning this matter, please feel free to ask. If not, I would greatly appreciate a positive feedback rating for my answer (click 3, 4 or 5 stars) – otherwise, I receive nothing for my efforts in your behalf.
Thanks again for using Justanswer!