Every year in the U.S., over 130,000 people are injured in bicycle accidents all over the country. Many of those (40,000+) involve serious injuries, and in the majority of these cases, it involves a collision with a car or truck. In cases like these, the injured party may be eligible to file a lawsuit. Even in cases where the bicyclist was partially at fault, they can sue (even if they were mostly at fault for the accident) depending on the negligence laws in they state where the accident occurred. —but the outcome depends on the state’s negligence laws.
There are three types here:
- Pure contributory negligence
- Pure comparative negligence
- Modified comparative negligence
Pure Contributory Negligence
- Rule: If the injured person is even 1% at fault, they get nothing.
- Harshest system for plaintiffs.
- Used in: Alabama, Maryland, North Carolina, Virginia
(and D.C. except in bike/ped cases where modified rules now apply)
Pure Comparative Negligence
- Rule: The injured person can recover no matter how much at fault they are — even 99%.
- Payout is reduced by their percentage of fault.
- Example: If you’re 80% at fault and have $100,000 in damages, you still recover $20,000.
- Used in: California, New York, Florida, and 9 others.
Modified Comparative Negligence
- Rule: You can recover only if your fault is below a certain threshold.
- Two types:
- 50% bar: You must be less than 50% at fault (used in Arkansas, Georgia, etc.)
- 51% bar: You must be 50% or less at fault (used in Texas, Illinois, etc.)
- Two types:
- If you’re over the bar, you recover nothing.
Here’s the full table of comparative negligence laws by states:
| State | Rule Type | Details |
|---|---|---|
| Alabama | Pure Contributory | Any fault (even 1%) bars recovery |
| Maryland | Pure Contributory | “ |
| North Carolina | Pure Contributory | “ (mwl-law.com) |
| Virginia | Pure Contributory | “ |
| District of Columbia | Pure Contributory* | *Since 2016, applies modified 51% bar to bike/ped accidents |
| Alaska | Pure Comparative | Fault % reduces damages; no bar |
| Arizona | Pure Comparative | “ |
| California | Pure Comparative | “ |
| Florida | Pure Comparative | “ |
| Kentucky | Pure Comparative | “ |
| Louisiana | Pure Comparative | “ |
| Mississippi | Pure Comparative | “ |
| Missouri | Pure Comparative | “ |
| New Mexico | Pure Comparative | “ |
| New York | Pure Comparative | “ |
| Rhode Island | Pure Comparative | “ |
| Washington | Pure Comparative | “ |
| All other states | Modified Comparative | Plaintiff may recover if < threshold: either ≤ 50% or ≤ 51%, varied per state |
Example:
| Fault % | Pure Contrib. | Pure Compar. | Mod. Compar. (50%) | Mod. Compar. (51%) |
|---|---|---|---|---|
| 0% | Full recovery | Full recovery | Full recovery | Full recovery |
| 20% | No recovery | 80% recovery | 80% recovery | 80% recovery |
| 50% | No recovery | 50% recovery | No recovery | 50% recovery |
| 51% | No recovery | 49% recovery | No recovery | No recovery |
| 99% | No recovery | 1% recovery | No recovery | No recovery |
Wondering if you have a case?
If you are wondering if you have a case or just wanting to know your legal options, contact a bicycle accident lawyer today. The consultation is free and you pay nothing unless you win. A “win” means the attorney successfully recovers money on your behalf.
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