The busy streets of New York can increase the risk of collisions between motor vehicles and cyclists, especially as many New Yorkers use bicycles to get around the city. However, when a cyclist gets hit by a driver in New York, they may have a personal injury claim against that driver. But what should injured cyclists know about pursuing a personal injury claim after a bicycle accident in New York?
Common Causes of Bicycle Accidents in New York
Collisions between bicycles and drivers in New York can occur due to various causes related to a driver’s negligence. Some of the most common causes of bicycle accidents in New York include:
- Speeding
- Reckless driving
- Running red lights or stop signs
- Driving in designated bike lanes
- Turning or changing lanes without signaling
- Distracted driving
- Driving under the influence of alcohol or drugs
- Failing to yield the right of way
New York’s Comparative Negligence Rule
For bicycle-motor vehicle collisions, New York recently shifted from a pure comparative negligence system to a modified comparative negligence system. Under the new comparative negligence rule, an injured cyclist who bears more than 50 percent of the fault for a collision between them and a motor vehicle cannot pursue legal action to recover compensation. However, even if a partially at-fault cyclist can still pursue a personal injury lawsuit, any share of fault they bear for the accident can proportionally reduce their financial recovery in the suit.
No-Fault Insurance and How It Applies to Cyclists
New York’s no-fault insurance system, governed by Article 51 of the New York Insurance Law, provides compensation to persons injured in crashes involving the “use and operation of a motor vehicle,” such as a collision between a motor vehicle and a cyclist, regardless of fault. Under the no-fault system, the insurance covering the vehicle involved in a collision with a bicycle must pay all “reasonable and necessary” medical expenses and up to $2000 in lost monthly wages for up to three years incurred by an injured cyclist. Although the no-fault insurance system should provide injured cyclists with prompt payment of basic losses, it can also restrict their ability to seek compensation for other losses arising from the accident, such as pain and suffering or lost quality of life, unless a cyclist suffers a serious injury.
Determining Liability
A cyclist injured in an accident with a motor vehicle in New York will need evidence to show what occurred and prove a driver’s liability for the crash. Critical evidence for bicycle accident claims includes:
- Police accident reports
- Dashcam or helmet cam footage
- Eyewitness statements
- Vehicle event data recorder logs
- Cell phone records
- Expert witness accident reconstructions/recreations
Steps to Take After a Bicycle Accident
Following a bicycle accident, an injured cyclist can best protect their rights and legal options by taking the following steps:
- Report the collision to law enforcement as soon as possible and obtain a copy of the police accident report
- Seek prompt medical attention and follow providers’ treatment instructions and recommendations
- Request copies of all medical records of treatment and rehabilitation
- Keep all bills or invoices for medical treatment
- Gather pay stubs or income statements to document lost wages from missed work
- File a no-fault claim with the driver’s insurance provider as soon as possible
- Contact a bicycle accident attorney to discuss legal options and get help recovering compensation
Contact Our Personal Injury Firm Today
A collision with a motor vehicle while riding your bicycle in New York can cause you significant, life-altering injuries, which can give you the right to seek compensation in a personal injury action. Contact McCann Legal, PC today for a free, no-obligation consultation with a New York personal injury attorney to learn more about what to expect when pursuing a bicycle accident claim as an injured cyclist in New York.