Bicyclist Loses Lawsuit Against Truck Driver
My wife subscribes to Metro Verdicts Monthly and she pointed one out Montgomery County Circuit Court decision to me the other day.
A cyclist was training for a triathlon when the driver of a truck turned left in front of him. The cyclist was unable to stop or avoid a collision and hit the back side of the truck. After he hit the truck the cyclist fell to the ground. The cyclist suffered multiple fractured ribs, a concussion and body bruising. He missed two weeks of worked. He was nonetheless able to eventually resume his training and ride in the triathlon.
The cyclist argued that he had the right of way,that the driver was 100% at fault and that he sustained serious injuries.
The driver argued that the cyclist was contributorily negligent because the cyclist hit the back of the truck. He also argued that the cyclists was able to continue with his activities, even riding in the triathlon. It doesn't appear the driver ever argued that he had the right-of-way.
The Montgomery County jury found for the defendant. One reason we need to get rid of contributory negligence.