Whether you live in the city, upstate, or elsewhere, riding a bicycle in the state of New York can be risky business. According to 2023 statistics from the New York City Department of Transportation, over 4,800 bicyclists were injured in accidents in New York City alone, a 23-year high that included 30 deaths and 400 serious injuries, many of which involved e-bikes. Across the state, the U.S. Department of Transportation reported 1166 fatalities related to bicycle accidents. If you or a loved one suffers injuries in a bike accident, knowing what to do to ensure that the responsible party is held liable is essential to your recovery. The New York bicycle accident lawyers at Buttafuoco & Associates can help by providing free consultations to help you understand your rights and determine whether you have a case. We can also help you gather evidence, file a claim, negotiate with insurers, and represent you in court, if necessary.
Common Causes of Bicycle Accidents
Cycle share programs, bike-friendly initiatives, and the convenience of e-bikes have all made bicycling more popular in recent years. However, even though we’re seeing more bike lanes and bike-friendly traffic laws, statistics indicate that our roads are becoming more dangerous for cyclists.
Among the most common causes of bicycle accidents are inattentive drivers–especially on streets without bike lands, where cyclists must ride side-by-side with drivers who do not know how to safely share the road, or whose frustration leads them to maneuver unsafely. Under New York law, drivers are required to treat bicyclists just like other vehicles and give them plenty of space, but this is rarely the case.
Some of the most common causes of bicycle accidents include passenger vehicles:
- Turning right without checking for a bicycle in the adjacent bike lane
- Opening their door into the street and into the path of a cyclist
- Running red lights or stop lights at intersections
- Turning left without noticing an oncoming bicycle
- Failing to yield right-of-way
- Speeding past cyclists to pass
In addition to passenger vehicles, roads and bikes themselves are sometimes to blame for accidents. New York City in particular is riddled with uneven pavement, potholes, and other road hazards that can a bicyclist to crash and sustain serious injuries. Even a defective bicycle or part can cause a cyclist to lose control or fail to stop.
Due to the many potential factors involved in bike accidents, making a case can be challenging–especially in multifaceted situations where multiple at-fault parties are at play. Regardless of the complexity of your situation, contacting a New York bicycle accident attorney at Buttafuoco & Associates could be a helpful first step to ensuring that your legal rights are upheld after an accident.
Bicycle Accidents and Insurance Coverage
Insurance coverage is another factor that can complicate a bicycle accident case. As a cyclist, you could be entitled to compensation through a third-party claim with the at-fault driver’s auto insurance. All drivers are required to carry bodily injury liability insurance to cover any injuries they cause. However, if the driver does not carry enough insurance to cover your injuries, you might have to rely on your own health insurance coverage.
Insurance issues involving bicycle helmet use can also come into play with third-party insurance claims. If you weren’t wearing a helmet, or were wearing an improper helmet at the time of the crash, the insurance company might try to reduce or deny your injury claim by arguing that your injuries would not be as severe if you had been wearing a helmet.
An experienced bicycle accident attorney serving New York will be prepared with potential defenses to these accusations. For example, if you sustained injuries to your lower body only, they could argue that a helmet would not have helped protect you from injuries. Attorneys also have access to expert witnesses such as doctors who can provide an opinion if necessary.
Proving Liability after a Bicycle Accident
The first and most important thing to do after a bicycle accident–regardless of whether it involved another vehicle–is to call the police to the scene so they can document the accident and investigate the cause of the crash. This information will become an official record in an accident report, which is an essential piece of evidence in any injury claim.
If there were witnesses to your accident, you will also want to obtain their contact information. Your attorney can later use their statements to help you prove fault. Finally, make sure you keep your bicycle intact and secure in the event it must have an inspection for safety and potential manufacturer defects.
Compensation After a Bicycle Accident
There are a variety of recoverable damages that may be available to you after a bicycle accident, including:
- Medical expenses
- Lost wages and lost earning capacity
- Loss of enjoyment of life
- Pain and suffering (emotional damages)
- Permanent disability
- Loss of consortium
- Funeral expenses
The amount of compensation you are entitled to will vary depending on the severity of your injuries. If you sustain a permanent injury such as brain damage or spinal cord injury, you might be entitled to damages for permanent wage loss and ongoing medical care. Even milder injuries can prevent you from working or result in post-traumatic stress disorder symptoms, resulting in more damages.
Get in Touch with an Attorney Today
Because of the complexity of bicycle accident cases, the best way to ensure you are getting a fair settlement for your damages after a bicycle accident is to work with a New York personal injury attorney. The attorneys at Buttafuoco & Associates offer free case evaluations to protect your rights and determine your eligibility to seek compensation.
Call us at 1-800-NOW-HURT to schedule a free, no-obligation case review.