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Accidental head collisions on bicycle track and accussed of

Customer Question
general negligence, I think both...
Accidental head collisions on bicycle track and accussed of general negligence, I think both have negligence how would the case goes?
Submitted: 1 year ago.Category: Legal
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Answered in 15 minutes by:
9/10/2016
Lawyer: socrateaser, Lawyer replied 1 year ago
socrateaser
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 39,498
Experience: Retired
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Hello,

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

Thanks in advance for using Justanswer!

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Customer reply replied 1 year ago
California
Lawyer: socrateaser, Lawyer replied 1 year 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.

Thanks again for using Justanswer!

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Lawyer: socrateaser, Lawyer replied 1 year ago

Hello again,

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

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Lawyer: socrateaser, Lawyer replied 1 year 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!

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socrateaser
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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