Why would his being at fault make his insurance not cover the injuries??? Medical insurance doesn’t really care how you got hurt or require that it be somebody else’s fault (perhaps short of doing something like jumping off a bridge…). That’s what insurance is for… covering the cost of you getting hurt. That whole part of the article makes no sense and I’m pretty sure it’s total BS. The guy’s medical insurance will cover him. Assuming he has it of course.
If the truck was found to be at fault, the cyclist’s insurance company would probably go after the truck driver or his insurance company to reimburse them for the their expenses covering their client’s medical bills. The cyclist would of course also have the opportunity to sue the driver personally for damages too.
The contributory negligence issue in this case just means the cyclist can’t sue the trucker now, and rightfully so. There are many other situations where it becomes a cop-out for the bad driver. But in this case, it is square on the shoulder of the cyclist who made a very bad decision and nearly paid for it with his life.
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