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Can I Sue if I am Rear-Ended while Riding My Bike in New York?

Can I Sue if I am Rear-Ended while Riding My Bike in NY?

If you are injured in a rear-end collision while riding your bike in New York, you may have a claim against the driver who hit you. However, it is important to know that strict laws govern how drivers are required to behave and protect others. This means that there are certain things you must prove in order to win your case. For example, you must show that the driver who hit you did something wrong that caused you to be injured. It is important to note that you are only able to sue the driver who hit you and not the driver who caused the collision.

At Banville Law, our attorneys have more than 40 years of combined experience helping injured people throughout New York. Our bike accident lawyers have won millions of dollars for clients and are here to help you.

Local hospitals for the treatment of severe bike accident injuries:

  • White Plains Hospital
  • Westchester Medical Pavilion
  • The Haven at Westchester - NewYork-Presbyterian Westchester Division
  • Columbia Hospital

How Common Is Getting Rear-Ended While Riding a Bike?

Rear-end collisions are a common form of a vehicular accident in the United States, and although it is often assumed that they involve motor vehicles only, cyclists can also be victims. When these accidents occur, injured cyclists may wonder if they have legal rights to pursue damages from the driver who hit them. This article offers an overview of what circumstances must exist for a cyclist to sue after being rear-ended while riding their bike.

Accidents involving cars and bicycles often result in serious injuries or death for the cyclist due to lack of protection afforded by the two-wheeled vehicle. In some cases, those responsible for causing such incidents can be held liable financially and legally via civil lawsuits. It is important to understand when a lawsuit against a negligent driver might be appropriate so that victims of bicycle/car crashes can seek justice and compensation for any losses from their injury.

This article will discuss how courts determine liability in rear-end collisions involving cyclists, what evidence needs to be presented to prove fault on behalf of the other driver, and how damages may be awarded should the case go in favor of the plaintiff. Furthermore, we will consider strategies for bringing forth successful claims related to cycling accidents caused by another party’s negligence or recklessness on the roadways.

What Are the Common Causes Of Bicycle Accidents in NY?

Bicycle accidents are like a raging storm, with the potential to cause serious injury or worse in its wake. Many bicycle accident cases involve negligence on behalf of a motorist and can be pursued through legal channels by hiring a bicycle accident lawyer. In order to better understand who is responsible for a bicycle accident, it is important to identify what causes them. Common causes of bicycle accidents include unsafe road conditions such as lack of bike lanes, distracted drivers, poor visibility due to inadequate lighting on roads and intersections at night time, impaired driving, speeding vehicles and poor weather conditions that reduce traction between tires and roads. Bicycle accidents also commonly occur when cyclists fail to obey traffic laws or ride recklessly without protective gear. For example, many New York City bicyclists involved in accidents were not wearing helmets or reflective clothing which could have prevented the incident from occurring. As evidenced by these examples, understanding the root cause of an accident is key to determining who may be legally held accountable for the damages caused by such incidents; thus why one should consider consulting a knowledgeable attorney specializing in personal injury law regarding their specific situation if they experience any type of bicycle-related crash.

What If The Cyclist Is Rear-Ended While Riding Their Bike?

On face value, riding a bike seems like an innocuous activity. After all, the worst that could happen is a minor scrape or bruise from falling off. However, if one were to be rear-ended while on their bicycle, the reality of the situation changes drastically. This article examines what happens when accident victims are liable for the accident and how an experienced personal injury attorney can help with such events occurring on a bike path.

The first step in determining liability for a biker who has been rear-ended is to determine fault. Generally speaking, both parties may bear some responsibility - particularly if it was determined that either party had acted negligently or recklessly prior to impact. If this is the case, then they will likely be held responsible for any injuries caused by their negligence. Additionally, if there was no visible signal given by either driver before contact occurred (such as at intersections), then the individual behind could potentially be held accountable under negligent driving laws in many jurisdictions across the country. Therefore, it is important that cyclists remain aware of their surroundings and practice defensive driving when possible in order to avoid being involved in such collisions.

In these situations, having an experienced personal injury attorney on hand can offer much needed guidance and protection from potential legal liabilities associated with bicycle accidents involving other vehicles. They can provide assistance with filing an insurance claim or an accident claim against those responsible and ensure that accident victims receive fair compensation for damages incurred due to another's negligence or recklessness while riding a bike on public roads or paths. An attorney also provides invaluable advice regarding insurance coverage and policies that often come into play during these types of incidents; helping protect individuals against financial losses resulting from uninsured drivers or inadequate limits of coverage through existing plans purchased previously.

What Steps Should A Cyclist Take After An Accident?

Bicycle accidents are unfortunately common in New York state, and about 50,000 cyclists are injured in the United States each year according to the NHTSA. When an accident occurs that involves a cyclist and another motorist, it is essential that steps be taken immediately to ensure justice is served.

After an accident involving a bicycle and another vehicle has occurred, here are four key steps to take:

  1. Remain at the scene of the accident - Leaving the scene before all information exchanges have been completed or medical attention has been administered can lead to criminal charges as well as limit civil remedies for damages done.
  2. Collect evidence - Take pictures of any damage done to vehicles involved in the crash and injuries sustained by either party. It is also wise to talk to witnesses who may have seen the incident and obtain contact information in case they need to testify later.
  3. Seek medical attention - Even if you do not believe you were seriously injured during the collision, seeking medical attention can help establish your claim against negligent parties responsible for causing the crash. Additionally, many states require victims of bicycle accidents to seek treatment within 14 days of their injury or risk losing out on compensation altogether.
  4. Contact an experienced personal injury attorney - An accident lawyer will provide invaluable insight into what type of evidence is needed to support a bicycle accident lawsuit along with other legal advice regarding how best to proceed with filing claims for property damage and/or bodily harm caused by a negligent driver.

Given these considerations when navigating through post-accident proceedings, it becomes clear why having legal counsel present throughout this process is so important. A knowledgeable personal injury attorney familiar with cycling laws can make sure cyclists' rights are protected following an unfortunate event such as this one .

Who Can Be Responsible For A Bike Accident?

What legal rights are available to bike riders who have been involved in an accident? When a cyclist is rear-ended, injured and left with medical bills or other losses, what steps do they need to take for recourse? Bicycle accidents can, unfortunately, occur due to the negligence of others. But who is legally responsible when it comes to bicycle accidents?

Bicycle and bike accident lawyers understand that cyclists can face serious injury claims after being hit by another vehicle while riding their bikes. Accident lawyers will look at various factors during the time of the accident, such as:

  • road conditions
  • traffic laws
  • weather patterns
  • any negligent behavior of both parties 

They also help cyclists build a case against those responsible and ensure they receive fair compensation for damages incurred during the crash. This could include financial recovery for medical costs related to injuries suffered from the crash, lost wages due to missed work, pain and suffering damages, emotional distress damages, property damage repair costs, and more.

Cyclists should seek qualified personal injury lawyer who specializes in bicycle accidents in New York if they find themselves in this situation to protect their rights throughout the process. An experienced bicycle accident attorney will be able to guide them through filing a successful claim which may result in receiving maximum compensation for all losses associated with the incident.

What Legal Rights Do Cyclists Have After A Collision?

Cyclists must be aware of their legal rights after an accident. Bicycle riders have the same rights as other road users when it comes to injury cases and bicycle accidents. In a situation where a cyclist is rear-ended while riding, the rules of the road still apply. Therefore, understanding what legal rights bicycle accident victims have can help them seek compensation for damages or injuries incurred during such incidents.

When on the roads, cyclists should be mindful of potential hazards and follow traffic laws; this will ensure that they are best protected when navigating through busy streets and intersections. However, even if cyclists do everything correctly and safely, they may still find themselves in difficult situations which can lead to serious injury or death. It is important for cyclists to understand how relevant statutes work with regards to personal injury claims so that they can determine whether filing a lawsuit is feasible in their particular case.

Can A Cyclist Recover Compensation?

The legal rights of cyclists after an accident are clear, but there may be occasions when a cyclist can sue for damages associated with a bicycle accident. When determining if one can pursue a lawsuit in the wake of such an incident, it is important to understand fault in an accident, injuries that arise from the crash, and other factors.

Factors to determine who was at fault for the accident:

  • Was another vehicle involved?
  • Did either person fail to follow traffic laws?
  • Was someone distracted while driving?
  • Were any pedestrians present on the scene?

If negligence is proven, seeking counsel from an accident lawyer may clarify how much compensation you could receive. Knowing what types of injuries were sustained during the collision is also essential; broken bones, head trauma, spinal cord damage and road rash all require medical attention which can be quite expensive. It's also possible that mental anguish caused by the experience can be recovered through litigation.

In addition to physical and psychological harm, cyclists involved in accidents may also need financial help due to lost wages or property damage incurred during a crash. An experienced attorney can examine these concerns so that victims know exactly what type of award they’re entitled to receive. With this information in hand, those injured in a bicycle accident have the power to fight back against careless drivers who don't take appropriate caution around cyclists on public roads. To what extent this restitution is awarded depends largely on each individual case; however knowing your legal rights following a bike crash gives you control over ensuring justice is served.

Types Of Damages Can A Cyclist Recover From A Bicycle Injury Case?

Riding a bicycle can be an enjoyable and healthy experience. Unfortunately, accidents while riding a bike do occur and they often result in injuries to the cyclist. In such cases, cyclists may have legal recourse to recover damages. These damages may include economic losses as well as non-economic losses related to physical or emotional harm from the accident.

When it comes to bicycle accidents, the types of damages that can be recovered depend on several factors such as who was at fault for the accident, if any negligence occurred during the event, and what type of injuries were sustained by the cyclist due to the incident. Economic losses, like medical bills incurred for treatment of their injuries, lost wages from missed work days due to hospitalizations or treatments related to their injury, and property damage are all examples of compensable economic losses resulting from a bicycle accident. Non-economic harms such as pain and suffering caused by physical or emotional trauma that stem from a bicycle ride gone wrong also fall under this category too.

How Can An Experienced Personal Injury Attorney Help?

The sound of a car and bike colliding is jarring, yet all too common. Each year tens of thousands of cyclists are injured in bicycle accidents caused by negligent drivers. To protect their rights, cyclists need an experienced personal injury attorney to help them through the complex legal process.

An accident lawyer can offer valuable assistance to a cyclist who has been rear-ended while riding their bike. They understand that accident reconstruction requires expert knowledge so they have access to some of the best resources available to investigate what happened during the incident. A qualified attorney also understands how insurance companies operate and can negotiate with them on behalf of a client if necessary. Additionally, they will be able to advise clients on potential lawsuits should they decide to pursue one based on their specific circumstances.

Having an experienced personal injury attorney involved in a bicycle accident case assures cyclists that their rights will be protected throughout the process and ensures that any damages or compensation received are fair for those affected by such incidents.

How Much Time Does A Cyclist Have To File A Lawsuit For A Lawsuit?

When a cyclist is hit by a car, they may have the right to file a lawsuit. For example, in 2020, a bicyclist was rear-ended and suffered serious injuries while riding his bike on the highway. He filed a personal injury claim against the driver of the vehicle that caused the accident. The time frame for filing such lawsuits varies depending on state law and other factors.

Generally speaking, cyclists who are injured in bicycle accidents need to act quickly if they wish to pursue legal action against those responsible. Depending on the state, cyclists usually have one or two years from the date of the accident to file a lawsuit seeking compensation for their losses. This timeline can be shortened if certain conditions apply, so it's important for cyclists to consult with an attorney as soon as possible after being involved in an accident. Furthermore, it’s also wise to document any evidence related to the incident such as photos, video footage or witness testimony, which could bolster their case in court.

Contact a Dedicated Bicycle Accident Lawyer Today

Bicycle accidents often result in serious injuries and can be extremely costly. It is important to understand all of the legal rights available to cyclists involved in an accident and the advantages and disadvantages of pursuing a personal injury lawsuit. Cyclists should take note of the statutes of limitations for filing a claim or lawsuit and should also consider their own individual circumstances before taking action. Ultimately, it may be wise for cyclists to contact an experienced attorney when considering whether or not to pursue legal action after being rear-ended while riding a bike. The impact of such an incident can be immense, like a tidal wave crashing upon one's life - but with the right help, victims can receive justice and compensation for their damages.

Whether you were rear-ended by a car, a truck, or a bus, our lawyers are here to evaluate your case and help you determine if you have a claim. Contact the bicycle accident law firm of Banville Law today for a free consultation if you were injured in a bike accident.

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Laurence P. Banville
Date Published: February 2, 2023
Laurence P. Banville is the managing partner of Banville Law. As an experienced personal injury attorney, Mr. Banville helps clients recover compensation from those responsible for his clients' injuries. Our firm is located in New York City, serving clients from the five boroughs: Manhattan, Brooklyn, Queens, The Bronx, and Staten Island.
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