Were you or a loved one hit while riding your bicycle? Check out these 4 bike accident tips, then contact our Buffalo attorneys to get started.
1) Hit by a Car While Riding a Bike
If possible, try to photo document the scene around you following an accident- Take picture of the injury, the car that hit you, and get notes from any witnesses who saw the accident take place
2) Doored by a Parked Car
We actually do get claims from people who are riding a bicycle and are injured when somebody who was in a parked car opens their door into their path of travel.
A bicycle does have a right to be on the roadway and in the traffic lanes, and so if, in fact, you are traveling in that lane of travel and somebody opens the car door into you, you may have a right to a claim against the owner or operator of that vehicle.
3) Injury Caused by Hitting a Pothole on a Bike
- Bicyclists are often injured while riding along the road because of potholes or other road conditions, and this happens more and more frequently now that bicycling on our city streets is becoming more popular.
- Individuals who ride bicycles in a city like Buffalo – whose roadways are subject to regular freeze and thaw conditions – assume a certain amount of risk, so it is important to recognize the difficulty in bringing a claim for a pothole incident.
- It would be helpful in such cases to have proof that the city was on notice of the hazard, that it was repaired improperly, or that it was part of an improperly protected excavation.
4) Partial Fault Bike Accidents
Sometimes we get questions regarding if potential clients have a right to file a claim for a bicycle accident claim in New York if the bicyclist is partially at fault. The answer is of course. In New York state, it’s a comparative negligence state, so either person in an accident, whether it be with a car or a bicycle, may have a claim even if it’s shared liability.
In fact, it’s not uncommon for there to be some shared liability unless the accident is so clear cut like a rear-end accident. Both sides will tend to argue some percent of fault on both operators. The answer is absolutely, but your damages in the end will be diminished by whatever percent of fault you may share.
Were you or a loved one seriously injured while out on a ride and have questions about these 4 bicycle accident tips? Contact a Buffalo bicycle accident lawyer at Andrews, Bernstein & Maranto, PLLC today for a free confidential consultation and case evaluation. Let our experience work for you.
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