After a serious bike accident, you might be confused on what you need to do to hold the negligent party accountable.
Riding a bicycle is a great way to get exercise, enjoy the outdoors and get around town without leaving a carbon footprint. But with an ever-increasing amount of motor vehicle traffic on the roadways, and salt and ice damage from New York’s punishing winters, bicycle accidents are becoming more and more prevalent than ever. When cyclists have accidents, they sustain serious bodily injuries, as bicycles do not offer protection from the harsh concrete pavement or the front-end of a motor vehicle. Although broken-down roadways, defective bicycles and other pedestrians play a hand in many cycling injuries, motor vehicles are generally the most common cause of bike accidents.
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Sadly, statistics indicate that upwards of 50,000 cyclists sustain bodily injuries and that over 800 people lose their lives as a result of bicycle/motor vehicle accidents each year in the United States. Few cyclists ever want to believe that they will be the one injured in a roadway accident as a result of another’s negligence, but when they do suffer cycling injuries due to the fault of another, they are often left with critical life-altering injuries and a myriad of financial concerns that need to be addressed immediately. The injured cyclist needs an experienced New York bicycle accident lawyer to address their questions and concerns and ensure that they get all the compensation they are owed by the at-fault party.
Possible Compensation for a Bike Accident
Given the severe nature of their injuries, one of the most immediate and pressing concerns to arise for the victim of a bicycle/motor vehicle accident is who will pay their medical bills. Under New York’s “no-fault” insurance law, the other driver’s no-fault insurance covers the injured cyclist’s medical expenses without regard to who caused the accident. But often times, the payment of medical bills alone is simply not enough. In cases where the injured cyclist suffers “serious” injuries due to the fault of the driver, or in cases where the cyclist’s medical expenses exceed $50,000, New York law then permits the injured cyclist and/or their family to pursue a personal injury claim against the at-fault driver.
Generally speaking, injuries are deemed “serious” under New York law if they result in death, fracture, disfigurement, or permanent loss or use of a body organ or body part. In such cases, the injured cyclist can pursue a claim for economic damages and non-economic damages in court. Economic damages include all past and future medical expenses related to the accident, along with past and future lost earnings, property damage, and any other out-of-pocket expenses or losses the cyclist incurred as a result of the accident. Non-Economic damages include compensation for pain and suffering, permanent scarring and disfigurement, and loss of society or a spouse.
But what if the cyclist was partially at fault for causing the accident? Unlike with some states, New York law still allows a party to recover damages if they were partially at fault for causing the accident. However, under the State’s pure comparative fault law the amount of recovery the injured cyclist may recover is reduced by his portion of the fault. For example, in a case where the injured cyclist was awarded a recovery of $100,000 and the cyclist was determined to be 40% at fault for the accident, he would receive $60,000, which represents the 60% fault that was apportioned to the adverse driver.
Benefits of Hiring a New York Bicycle Accident Attorney
If you are a cyclist who was injured through the fault of another in a motor vehicle accident, it is important to call an experienced full-time New York bicycle accident lawyer today. At-fault drivers and their insurance carriers routinely deny injured cyclists their due compensation, claiming that the party’s injuries were not “serious” injuries within the meaning of the law. An experienced New York bicycle accident lawyer knows how to fight back to ensure that the injured cyclists receives all of the compensation he is owed for his injuries, so that he is made whole again. Don’t let the insurance companies dictate to you the value of your case! Call today and put the power back in your hands.
Of, course not all serious bicycle injuries are caused by motor vehicles. In cases where a damaged or neglected roadway or defective bicycle caused the cyclist’s injury, no-fault insurance is not applicable. In these types of cases, the injured cyclist can pursue a court case against the city, township, or municipality who neglected proper road repairs, or the manufacturer or designer of the defective bicycle. In these cases, the cyclist must prove that they sustained injuries as a direct result of the at-fault party’s negligence. Upon such a showing, the injured cyclist may then recover both economic and non-economic damages as discussed above.
Pursuing a case against a city, township, or municipality is not always easy, as an injured cyclist generally has only 90 days from the date of their injuries to initiate their claim against a governmental entity. These claims often necessitate investigative work like obtaining video evidence of the accident if available, investigating the duration the dangerous road condition was permitted to exist, and determining whether or not any other similar such accidents occurred as a result of the hazard presented by the defective roadway. Similarly, pursuing a product liability claim for the defective bicycle requires a great deal of initial leg-work, and the pre-litigation investigation often entails consulting with engineer and design experts who can testify that the bicycle and its components were negligently designed, manufactured, or assembled.
The best thing an injured cyclist can do when they suffer injuries due to a defective roadway or defective bicycle is contact a New York personal injury attorney immediately so they can begin working on the case right a way to ensure the best possible outcome.
Buffalo Bicycle Accidents: Who Is Liable?
Buffalo, New York is a bustling city with many residents who rely on bicycles as their primary mode of transportation. However, with the increasing number of bicycles on the roads, accidents are inevitable. When a bicycle accident occurs, determining who is liable can be a complicated process. In this blog post, we will explore the factors that determine liability in Buffalo bicycle accidents.
Negligence
Negligence is the most common factor that determines liability in bicycle accidents. In Buffalo, drivers have a duty to exercise reasonable care when operating their vehicles. If a driver fails to exercise reasonable care and causes an accident with a bicyclist, they may be liable for the accident.
Similarly, bicyclists also have a duty to exercise reasonable care when riding on the roads. If a bicyclist fails to exercise reasonable care and causes an accident with a vehicle, they may be liable for the accident.
Traffic Laws
Traffic laws play a significant role in determining liability in bicycle accidents. In Buffalo, both drivers and bicyclists must follow the same traffic laws. If either party violates a traffic law, they may be liable for the accident.
For example, if a driver runs a red light and hits a bicyclist, the driver may be liable for the accident. Similarly, if a bicyclist runs a stop sign and collides with a vehicle, the bicyclist may be liable for the accident.
Proximity to the Accident
The proximity of the parties involved in the accident also plays a role in determining liability. For example, if a driver is driving on the wrong side of the road and collides with a bicyclist, the driver will likely be liable for the accident. However, if a pedestrian steps out into the road and causes a bicyclist to swerve into a car, the pedestrian may be liable for the accident.
Determining liability in bicycle accidents in Buffalo can be a complicated process. However, negligence, traffic laws, and proximity to the accident are the most important factors in determining liability. If you’ve been involved in a bicycle accident in Buffalo, it’s essential to contact an experienced personal injury attorney who can help you navigate the legal process and seek compensation for your injuries.
An experienced personal injury attorney can investigate the accident, gather evidence, and build a strong case on your behalf. They can also negotiate with insurance companies to ensure that you receive fair compensation for your injuries, including medical expenses, lost wages, and pain and suffering.
It’s important to note that New York is a comparative negligence state, which means that even if you are partially at fault for the accident, you may still be able to recover damages. However, your damages may be reduced by the percentage of fault assigned to you.
In addition to negligence, traffic laws, and proximity, other factors that may contribute to liability in bicycle accidents include road conditions, vehicle defects, and weather conditions. An experienced personal injury attorney can help you determine the factors that contributed to your accident and who may be liable for your injuries.
Bicycle accidents in Buffalo can result in serious injuries and determining liability can be a complex process. If you’ve been involved in a bicycle accident, it’s important to seek the advice of an experienced personal injury attorney who can guide you through the legal process and help you seek the compensation you deserve. Contact a reputable law firm today for a consultation.
Andrews, Bernstein & Maranto, PLLC is a well-established law firm in Buffalo, New York that specializes in personal injury law, including bicycle accidents. If you’ve been involved in a bicycle accident in Buffalo, the attorneys at this law firm can help you in several ways:
- Investigation: The law firm will conduct a thorough investigation of your case, including gathering evidence and interviewing witnesses, to build a strong case on your behalf.
- Legal Representation: The firm’s attorneys have extensive experience in representing clients in bicycle accident cases in Buffalo. We will provide you with the legal representation you need to navigate the complex legal process and seek compensation for your injuries.
- Negotiation: The attorneys at Andrews, Bernstein & Maranto, PLLC are skilled negotiators and will work to settle your case for a fair and just compensation amount without the need for a trial.
- Trial Representation: If your case goes to trial, the firm’s attorneys will provide you with aggressive representation in court to present your case to the jury and seek a favorable verdict.
- Medical Attention: The firm can also help you access the medical attention you need for your injuries, including rehabilitation and physical therapy.
Understanding New York Bicycle Laws and Regulations
Riding a bicycle in New York offers many advantages, from reducing environmental impact to providing an efficient way to navigate the city’s often congested streets. However, with the increase in bicycle use comes the need for cyclists to be well-informed about the laws and regulations that govern their rights and responsibilities on the road. New York State has specific rules in place to ensure the safety of both bicyclists and other road users. Understanding these laws is essential for anyone who chooses to ride in the state, whether for commuting, leisure, or exercise.
General Bicycle Laws in New York
Bicyclists in New York are treated similarly to motor vehicle drivers. They must adhere to the same traffic laws and are granted the same rights on the road as those driving cars or trucks. This means that bicycles must follow the rules of traffic signals, stop signs, and yield signs. Bicyclists are required to ride in the direction of traffic, never against it, and are expected to signal their turns just as motorists would.
The law also mandates that bicycles must be equipped with certain safety features. All bicycles ridden in New York must have a working brake system and a bell or other sound device that can be heard at least 100 feet away. When riding at night, cyclists must have a white headlight and a red taillight visible from a distance of at least 500 feet. Additionally, bicycles must have reflectors on both the front and back as well as on the wheels to ensure visibility in low-light conditions.
Bicyclists are prohibited from using earphones in both ears while riding, as this can impede their ability to hear surrounding traffic and potential hazards. Using a cell phone or other handheld device while riding a bicycle is also dangerous and discouraged, as it distracts the rider from focusing on the road.
Benjamin J.
Andrews
Partner
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Maranto
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Tom
Kotrys
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Anthony
Iacono
Attorney
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Maranto, III
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Helmet Laws and Safety Equipment
Safety is paramount when cycling, and one of the most crucial aspects of rider safety is the use of helmets. In New York, it is mandatory for bicyclists under the age of 14 to wear a helmet while riding. This law extends to children riding as passengers on bicycles, whether in a seat or a trailer attached to the bike. Failure to adhere to this law can result in a fine, although the fine may be waived if proof of purchasing a helmet is presented after the violation.
Although helmet use is only mandatory for children, it is strongly recommended for all cyclists regardless of age. Helmets are proven to significantly reduce the risk of head injuries in the event of a crash or fall. Adults can set a good example for younger riders by consistently wearing helmets and prioritizing their safety on the road.
In addition to helmets, cyclists should also consider other forms of protective gear such as knee and elbow pads, gloves, and reflective clothing to enhance visibility. While these items are not required by law, they can provide an extra layer of protection and make cyclists more noticeable to drivers, especially in busy urban environments.
Bicycle Lanes and Road Sharing
New York City, in particular, has seen a substantial increase in the number of bicycle lanes in recent years. These lanes are designated areas on the road reserved specifically for bicycles. Cyclists are encouraged to use these lanes whenever they are available. Bicycle lanes offer cyclists a safer space to ride, separated from the flow of motor vehicles. However, it is essential for cyclists to remain vigilant and aware of other road users, as cars may sometimes need to cross the bicycle lane to park or make turns.
If a designated bicycle lane is not available, bicyclists are permitted to ride on the right side of the roadway, staying as far to the right as is practicable. They should always be cautious when passing parked cars to avoid being hit by an unexpectedly opened door, a situation known as “dooring.” Cyclists are advised to maintain a safe distance from parked vehicles and keep an eye out for signs of doors being opened or drivers about to exit their cars.
New York law allows bicyclists to ride two abreast, meaning two cyclists can ride side by side in a single lane. However, when the flow of traffic increases and space becomes limited, they are required to ride in a single file. This rule helps prevent traffic congestion and ensures that cyclists do not impede motor vehicles.
The team is very personable, patient and empathetic with their clients. They are upfront with you and will explain the entire process with you, they never lead you to believe otherwise, they tell you like it is and will not sell you a million dollar dream. Trust in Andrews, Bernstein & Maranto, PLLC, they work for you and he looks out for your best interest.”
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Traffic Violations and Consequences
Cyclists who violate traffic laws in New York are subject to penalties similar to those imposed on motor vehicle drivers. Running red lights, failing to yield to pedestrians, or riding recklessly can result in fines and even the confiscation of the bicycle. Bicyclists can also be held liable for damages in the event of an accident caused by their failure to adhere to traffic laws.
Reckless riding, which includes actions such as weaving in and out of traffic or riding at excessive speeds in pedestrian-heavy areas, poses a serious risk to both cyclists and others on the road. Bicyclists should always ride defensively and be mindful of their surroundings to avoid accidents.
In the unfortunate event of a crash, cyclists are encouraged to follow the same procedures as drivers, including exchanging contact and insurance information with the involved parties and reporting the incident to the police. If the accident results in serious injury, it is essential to seek immediate medical attention and consult with an attorney to understand the legal options available.
Bicycles and Pedestrians: Rights and Responsibilities
While cyclists are considered vehicles under New York law, they must also respect the rights of pedestrians. Sidewalks are typically reserved for pedestrians, and in most cases, riding a bicycle on the sidewalk is prohibited, especially in densely populated areas. However, there are some exceptions for young children and in certain localities where riding on the sidewalk is allowed. Cyclists should always yield the right of way to pedestrians and be cautious when riding in areas where foot traffic is heavy.
When crossing intersections, cyclists are expected to follow the same rules as motor vehicles. They must stop at red lights and stop signs and yield to pedestrians in crosswalks. Cyclists should also be aware of blind spots, especially when passing large vehicles, as they may not be visible to the driver.
Pedestrians also have responsibilities when sharing the road with cyclists. They should be mindful of bicycle lanes and avoid walking or standing in them whenever possible. Pedestrians crossing streets should use designated crosswalks and be attentive to both motor vehicles and cyclists.
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Electric Bicycles and Scooters
In recent years, the use of electric bicycles and scooters has become more widespread in New York. These devices are subject to their own set of regulations. New York law classifies electric bicycles into three categories based on their maximum speed and motor power. Class 1 electric bicycles can reach speeds of up to 20 miles per hour and are pedal-assisted, meaning the motor only provides assistance when the rider is pedaling. Class 2 electric bicycles can also reach speeds of 20 miles per hour but have a throttle that can propel the bike without pedaling. Class 3 electric bicycles, which can reach speeds of up to 25 miles per hour, are typically used for delivery services.
Electric bicycles must follow the same traffic laws as traditional bicycles, and riders are required to wear helmets when operating a Class 3 electric bicycle. Additionally, electric bicycles are generally not permitted on sidewalks or in bike lanes unless specifically authorized.
Electric scooters, another popular mode of transportation in New York, are governed by similar rules. Riders must adhere to traffic signals and laws, and the use of helmets is strongly recommended. Like electric bicycles, scooters are not allowed on sidewalks unless local laws permit it.
Verdicts & Settlements
How to File a Bicycle Accident Claim in New York: A Step-by-Step Guide
Filing a bicycle accident claim in New York might seem complicated, but understanding the steps can help you make the right choices. When someone is injured in a bicycle accident, there are specific actions that are essential for a successful claim. Whether the accident was caused by a vehicle, a dangerous road condition, or another type of hazard, New York law provides guidelines to help victims pursue justice. If you or someone you care about has been in a bicycle accident in New York, this guide will walk you through the key steps needed to file a claim and seek compensation. At, Andrews, Bernstein & Maranto, PLLC , we are here to guide you through the legal process and help you navigate the complexities of your case.
Understanding Bicycle Accident Claims in New York
Bicycle accident claims are different from other types of personal injury cases. In New York, bicycles are considered vehicles, meaning cyclists have the same rights and responsibilities as drivers. Because of this, when a cyclist is hit or harmed, they are protected by the same laws that protect other vehicles. A bicycle accident claim typically involves seeking compensation for medical bills, lost wages, and other damages resulting from the accident. Knowing how to gather the right evidence and file a proper claim can make a big difference in the outcome of your case.
New York operates under a “no-fault” insurance system, which means that victims can initially turn to their own insurance to cover medical expenses and lost wages. However, if the injuries are serious enough, victims can pursue a claim directly against the party responsible for the accident. Understanding how this system works and where your case fits within it is essential for a successful claim.
Seek Immediate Medical Attention
The first thing you should do after a bicycle accident is to seek medical attention, even if you think your injuries are minor. It is very common for adrenaline to mask pain right after an accident, and injuries can appear days or even weeks later. Seeing a doctor creates an official record of your injuries, which can be very important for your claim. Medical records serve as evidence that the accident directly caused your injuries, and they document the level of harm you experienced. This record may include information from emergency room visits, primary care visits, specialists, physical therapy sessions, and any other relevant healthcare treatments. Keep all your medical records, as they will be important when filing a claim.
Gather Evidence at the Scene of the Accident
After ensuring your immediate safety, it is crucial to gather evidence from the accident scene if you are able. Evidence collected from the location of the accident provides crucial details that support your claim. This can include photographs of the scene, such as your bike, any damage to other vehicles, road conditions, and any visible injuries you may have. Also, it is wise to take photos of any street signs, traffic lights, or road markings that are relevant to the accident. Witness statements can also help build your case, so try to get the contact information of anyone who saw the accident happen. Their testimonies may provide additional proof that supports your version of events. If the police arrive at the scene, they will create an accident report, which becomes a key piece of evidence in your claim.
Report the Accident to Law Enforcement
For any bicycle accident involving injury or significant damage, it is essential to contact law enforcement and report the accident. Police officers will arrive, assess the situation, and document their findings in an accident report. This report is an official record that often includes information about the parties involved, witness statements, and other details about the scene. It serves as a reliable source that insurance companies and courts will review during the claims process. Make sure to ask the officers for a copy of the police report or the report number so you can access it later. This document will play an important role in verifying your account of the incident.
Notify Your Insurance Company
In New York, insurance plays a critical role in accident claims. New York’s “no-fault” insurance law means that you need to first report the accident to your insurance provider, even if you were not at fault. Filing a claim with your insurance can help you recover some initial medical costs and lost wages. It is important to contact your insurer as soon as possible to avoid any delays in getting the support you need. When you report the accident, stick to the facts. Explain where and when the accident occurred and any injuries or damage that happened. Avoid discussing fault or providing unnecessary details, as this information could be used against you later.
Document All Expenses and Damages
After a bicycle accident, expenses can add up quickly. To ensure you get full compensation, keep detailed records of all expenses related to the accident. This includes medical bills, therapy costs, prescription costs, and receipts for any medical supplies you need. Additionally, document lost wages if you missed work due to your injuries. You may also be eligible for compensation for non-economic damages, like pain and suffering, which reflect the impact the accident has had on your life. Keep a journal of your daily pain, emotional struggles, and how the injuries have affected your routine. This documentation can show the full extent of damages when you present your claim.
Determine Liability in the Accident
Figuring out who is responsible for the accident is an essential step in your claim. Liability in bicycle accidents can depend on several factors, including whether traffic laws were followed, road conditions, and actions of other drivers or pedestrians involved. If a car struck you, liability could fall on the driver if they were distracted, speeding, or violated a traffic rule. In cases where a poorly maintained road or a hazard caused the accident, the city or property owner might be liable. Understanding who is at fault helps determine who should cover the damages, which is key to building a strong case.
Injured by Riding Over a Pothole on a Bicycle
Were you seriously injured by riding over a pothole on a bicycle? Contact our Buffalo attorneys to fight for you and your rights today.
I have gotten calls from bicyclists who were injured while riding along the road because of potholes or other road conditions. We encounter these fact patterns more and more – especially now that bicycling on our city streets is becoming much more popular.
Because individuals who ride a bicycle in a city like Buffalo – whose roadways are subject to regular freeze and thaw conditions – they assume a certain amount of risk, it is important to understand that bringing a claim for a pothole incident would be extremely difficult unless the city was on notice of it, or it was repaired improperly, or it was actually part of an excavation that wasn’t marked off with proper signage.
What to Do After a Bicycle Accident | Bicycle Accident Liability
We get a lot of calls from people who were injured in bicycle accidents, and some of the questions they often ask are: Who is responsible? What kind of damages can I recover? What happens with the medical bills?
When you’re on a bicycle, you are treated similarly to a pedestrian when it comes to no-fault laws. If you’re struck by a car, then the insurance company for the car that strikes you would be both the no-fault carrier, which means they would pay your medical bills, mileage, and lost wages, but then also possibly down the road be the bodily injury carrier for any personal injury recovery for pain and suffering.
What to Do After a Bicycle Accident | 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.
What to Do After a Bicycle Accident | Bicycle Accident Compensation
People ask, “What kind of benefits are available to you if you’re injured riding a bike and hit by a car in New York state?” Those benefits are the same as if you were a passenger in that vehicle, in that you get the no-fault benefit, but it comes through the insurance carrier for the vehicle that struck you. Those benefits are the basic no-fault benefit of your lost wages for three years, medical mileage for one year, and medical treatment potentially forever until you either exhaust that vehicle’s no-fault benefit limit, or the insurance carrier attempts to cut you off by way of one of their medical exams. That’s the first layer of coverage. Then there are additional benefits possible available through your own personal policy or from your parent’s household policy as well.
What to Do After a Bicycle Accident | Evidence That Will Help Your Claim
Just the same with a car accident, if possible, try to photo-document whatever has occurred and gather the names of any witnesses that are around you or near you. If you are on a bicycle and travelling in the proper direction in your bike lane, that will be critical for us to prove down the road. One of the things you need to do is have somebody else there maybe try to collect information for you as a witness, or a couple photos before the bicycle and the cars are moved. Things like that are critical in a bicycle accident.
Frequently Asked Questions | New York Bike Accident Guide
What type of injuries are typical in a bicycle versus car accident?
One of the things that we noticed when we have clients who present with a bicycle versus car accident claim is the damages can be much more extensive. They don’t have the protection of being in a vehicle. You don’t have the structure, the airbags, or the seat belts. When we’re dealing with a person on a bicycle struck by a car, the injuries can be much more extensive. Oftentimes, we’re dealing with fractures. Often, there’s head trauma because those are the most vulnerable parts of the body that are struck by these vehicles. Damages can differ significantly based upon impact, the points of impact, and what happened afterward. Was the person thrown into the air? Did they crumble up against the car? Did they go against the windshield? The damages can be much more extensive if you’re dealing with a bicyclist versus car accident
How do I choose the best attorney for my bicycle accident claim?
I always advise that clients should ask the attorney of the law firm their familiarity with bicycle accident cases, how many they’ve handled, when was the last case like this they’ve handled, and what their approach is. Then you can feel comfortable with knowing what that attorney’s experience is, how they handle cases, and also what kind of results they’ve gotten in the past. Although that does not really guarantee any future results, it gives you an idea of their track record and maybe why and how they’ve gotten those results.
Should I talk to the insurance company after a bicycle accident?
Some clients ask if they’re in a bicycle accident in New York state if they should talk to the insurance company for the car that struck them. My advice is always the same; definitely not. There’s no reason for you to ever speak to them on your own or without your attorney present or handling that phone call or letter or information for you. That’s why we’re there. Because the insurance carriers often frame questions in a way to benefit them. It might not seem apparent to you initially, but because we only handle cases of negligence, we deal with insurance carriers all day, every day. They treat people who are unrepresented sometimes differently than people that have an attorney. We’re there to protect them.
Even if you’re not at fault, they still will frame questions in a way to benefit them, protect them, and to help limit their liability down the road. Therefore, the answer is always no. Just don’t take the call, or take the call, get their name, phone number, and claim number, and then that is it. Don’t discuss injuries, treatment, or how it happened without having your attorney present or handle it for you.
Should I accept the first settlement offer from the insurance company?
The answer is always no. That’s for a good reason because the insurance carrier will deal with you differently than if you have an attorney. With us, they understand that if they don’t deal fairly, we can escalate it to the next level of litigation, and push them in that way, and get the courts involved. When it’s you on your own, I’ve never seen an initial offer be one that’s fair compensation. We’ve never been able to not get a better result for our clients than what they were attempting to initially get themselves. It’s for good reason. If you are a specialist, or you learn your job trade, or your career, and if you’re operating outside of that trying your own claim, you’re doing so maybe to your own detriment. I would definitely turn that down and talk to an attorney about it. Let them help you and represent you to get the best result that you can.
Does your auto insurance protect you from a bicycle accident?
The answer is yes. In New York state, the car that strikes you is the primary insurance coverage for both the no-fault benefits we’ve discussed in other videos, and pain, or suffering, or bodily injury benefits. Your own insurance can protect you for additional no-fault benefits and for extra benefits as well as excess or additional personal injury protection and additional protection for bodily injury, pain and suffering compensation depending on if your personal limits are higher than that of the car that struck you.
Can I get compensation if someone threw their door out in front of my bike?
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.
Do I have a claim if I was injured because of a pothole?
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.
Can I be partially at fault for a bicycle accident?
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.
What type of benefits are available after a bicycle accident?
People ask, “What kind of benefits are available to you if you’re injured riding a bike and hit by a car in New York state?” Those benefits are the same as if you were a passenger in that vehicle, in that you get the no-fault benefit, but it comes through the insurance carrier for the vehicle that struck you. Those benefits are the basic no-fault benefit of your lost wages for three years, medical mileage for one year, and medical treatment potentially forever until you either exhaust that vehicle’s no-fault benefit limit, or the insurance carrier attempts to cut you off by way of one of their medical exams. That’s the first layer of coverage. Then there are additional benefits possible available through your own personal policy or from your parent’s household policy as well.
How long will my bicycle accident case take to settle?
One of the most common questions from clients is, “How long will my bike accident injury that occurred in New York state take to resolve?” The answer is it depends; every case is different. For example, the extent of your injuries compared to the policy limits available are often one factor. If negligence is clear or if they’re disputing it, that’s another major factor. How long it takes you to recover from your injuries matters. What kind of procedures you have to endure and then how you recover from those matters because the insurance company won’t be able to fully value a claim until you are recovered from or plateaued from any treatment or procedures and we know what your permanency level might be.
Contact Our Buffalo Office Today
If you or a loved one is the victim of a bicycle accident, you need knowledgeable and experienced New York accident attorneys by your side. We have decades of experience in handling injury cases in Buffalo and the greater Western New York area. Let us begin work on your case today. An early and exhaustive investigative effort is important to ensure your best possible outcome. With the passage of time, crucial evidence may disappear and vital witnesses’ memories fade, which is why it is so necessary to allow our office to begin working on your case as soon as possible.
We will inspect and photograph the accident scene, hunt down any relevant video footage, and thoroughly interview all necessary witnesses to your accident. Additionally, our office will collect all of your medical records and bills, and hire experts such as doctors, economists and life care planners, when necessary, to be sure that all of your past and future losses are accounted for when it comes time to resolve your case. Best of all, it will cost you nothing, as we work on a contingency fee basis. We are full-time accident and injury attorneys dedicated to helping injured cyclists make full financial recoveries. Call us today so that we may begin work on your case right away!
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Bicycle Accident Compensation
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Bicycle Accident Liability
Choosing a Bicycle Accident Attorney
Watch this video by an experienced Buffalo injury lawyer to find out what’s important to know when choosing a bicycle accident attorney to represent you in a claim.
Bicycle Accident Prevention Tips for Niagara Falls Cyclists
Cycling is a popular activity in Niagara Falls, offering residents and visitors a fantastic way to explore the scenic beauty of the region. However, it is essential to prioritize safety while riding to prevent bicycle accidents and ensure an enjoyable experience. This article aims to provide valuable tips for Niagara Falls cyclists to enhance their safety on the roads and trails.
Wear Appropriate Safety Gear:
Before setting out on your cycling adventure, make sure to wear a properly fitted helmet. Helmets significantly reduce the risk of head injuries in case of a fall or collision. Additionally, consider wearing reflective clothing to enhance your visibility, especially during low-light conditions.
Know and Follow Traffic Rules:
Bicycles are considered vehicles in Niagara Falls, which means cyclists must obey the same traffic rules as motorists. Familiarize yourself with local cycling laws, including proper hand signals, stopping at red lights and stop signs, and yielding to pedestrians. Obeying traffic rules not only keeps you safe but also ensures harmony between cyclists and other road users.
Be Visible:
Enhancing your visibility on the road is crucial to prevent accidents. Equip your bicycle with front and rear lights, especially when riding during dawn, dusk, or nighttime. Reflective gear and accessories, such as reflective tape on your pedals, clothing, and helmet, can also help motorists notice you from a distance.
Choose Safe Routes:
Plan your cycling routes carefully, giving priority to well-maintained bike paths and designated cycling lanes. Niagara Falls offers several dedicated cycling trails, such as the Niagara River Recreation Trail and the Niagara Parkway Trail, which provide a safer and more enjoyable riding experience away from heavy traffic.
Be Alert and Predictable:
Maintain focus on the road ahead and constantly scan your surroundings for potential hazards. Avoid distractions such as using your phone or wearing headphones while riding. Be predictable by signaling your intentions in advance, such as when changing lanes or making turns, to ensure that other road users can anticipate your movements.
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