In a large city like New York, it is very common for cars, buses, cyclists, and pedestrians to share the same streets, and unfortunately, people do get injured when crashes happen between vehicles and bicycles. When a crash between a cyclist and a vehicle happens, the first question is often: who is at fault? The accident in itself may make the answer painfully obvious, but the answer is rarely simple —and even if you are injured — understanding your legal rights is imperative.
The Fault is Not Always Clear
Many people think that any time a cyclist is hit that the driver has been at fault. An accident involving a cyclist means that neither a motor vehicle or cyclist is completely innocent. Simply because drivers have a duty to share the road, so too does the cyclist have a duty to obey the laws of the roadway. The determination of liability requires a fact specific analysis:
- Was the driver inattentive?
- Was the driver speeding?
- Did the cyclist go through a red light?
- Was the cyclist travelling in the opposite direction of traffic?
- Was there adequate visibility for the driver to approach the intersection?
- Was there adequate signing/markings present for the cyclist to assume right of way?
- What was the mood of both rider and operator leading to the crash?
In some situations, both parties may be partially responsible for the incident. New York adopts a “comparative negligence” approach, and if a cyclist is found to be partially at fault for the incident, he or she can still recover damages, however, the damages may be reduced corresponding to the degree of fault that was assigned to the cyclist.
The Importance of Having a Personal Injury Lawyer
It’s was not a good idea to try to pursue a claim for a cyclist-car crash without the benefit of an automobile accident attorney. The first thing you should know is that each step of the process is fraught with risk because the insurance company will be quick to settle with you and their initial offer often doesn’t reflect the true extent of your injuries, lost wages or potential ongoing medical expenses.
An experienced injury lawyer knows that you must be ready for everything the insurance company throws your way. Here are just a few of the ways a personal injury lawyer at NYLawnet can help you:
- Collecting Evidence: An experienced cyclist personal injury lawyer will attend the accident scene and collect facts from anyone who saw the incident as well as getting surveillance footage or dashcam footage in order to establish liability.
- Understanding the Impact of Your Injuries: There are many injuries that may not show themselves right away. Concussions and spinal damage are merely two examples. We collaborate with medical professionals to get the clarity on the potential long-term impact of your injuries.
- Negotiating a Fair Settlement: The insurance company is in the business of paying as little as it can on the claim. We will help to ensure you get whatever they are legally obliged to pay – even pain and suffering.
- Litigating Your Claim: In situations where it is not possible to reach a fair and full settlement, we will take your case to trial.
Cyclists Have Rights
If you are a cyclist whether you are riding to work, delivering food, or enjoying a leisurely weekend ride, the law gives you equal rights to the road with the automobile, and when you are involved in a car-bike collision, do not expect that somehow the system will sort itself out. Having an attorney means your story is heard, and your rights are protected.
At NYLawnet, we know personal injury cases involving cyclists better than anyone. We know how complicated these claims can be, and we want to help you get what you deserve. Injured in a cycling accident?
Don’t delay. Contact NYLawnet today for your free consultation. Let our team of lawyers do what they do best and fight for your recovery while you focus on your recovery.
