Bicycle Accident Lawyer Rockland County, NY
A Rockland County, NY bicycle accident lawyer knows that your last thought when you have been the victim in a bicycle accident should be concern over whether or not you have to pay for the damage that just occurred. If you were riding your bike and a car hit you, it will be important to know who is responsible for the accident when you are going to bring a case forward for a personal injury claim. Insurance can become complicated when it comes to bicycle accidents because a bicyclist may not have insurance like a car driver does. When you are suffering from injuries and are unsure of what steps to take, reach out to Kantrowitz, Goldhamer & Graifman, P.C.
Is the driver of the car always responsible for bicycle accidents?
Since the car is bigger and was likely going faster, you may think that an injury claim will automatically rule in your favor. However, this will not always be the case and will entirely depend on the details and circumstances. Though your bike is much smaller, there is a chance that you could share fault for the accident occurring and this could impact compensation with your claim.
As a bicyclist, a Rockland County bicycle accident lawyer knows that just like cars, you need to be aware of the laws and rules regarding traffic. New York considers bikes to be vehicles which means when you are on the road with other cars, you abide by those same rules.
How does New York treat partial fault?
Every state has its own rules regarding fault. New York, among others, is a pure comparative fault state. This means that even if a bicyclist was partially to blame for an accident, they could still receive a certain amount of compensation. For example, if you were in an accident with a car and the car was speeding and the driver was texting, a court may find them 100% at fault. However, in the same scenario, if you were riding your bike and did not use appropriate signals to show you were turning or changing lanes, a court may say you were 10% at fault for the accident and the driver was 90% at fault. In this scenario, the compensation you are owed at the end will be reduced by 10%. It benefits you–if you were partially to blame for the accident–to be in a state that still gives compensation to a victim who may have contributed to the accident.
What do I need for my claim?
Your lawyer will help you to gather evidence for your bicycle claim and show how the driver was responsible for the accident occurring. They may pull evidence from police reports, eyewitnesses, security footage, and medical records. Your lawyer will be one of your greatest assets when it comes to your case so it is in your best interest to ensure you are working with someone you trust.
When you need help with your bicycle accident claim, turn to Kantrowitz, Goldhamer & Graifman, P.C. Our Rockland County bicycle accident lawyer is here to help when you need it.
Hiring a qualified Rockland County, NY bicycle accident lawyer is imperative when you’re looking to safeguard your rights. As a cyclist, you should also continue familiarizing yourself with bicycle law since these accidents can have severe consequences and you will have a closer understanding of how to work efficiently with your lawyer. Knowing the state’s bicycle accident laws can help protect your rights, ensure your safety, and facilitate a smooth legal process in the event of an accident. Here are five key elements of bicycle accident law to be aware of in the state of New York.
Comparative Negligence
In New York, bicycle accident cases are governed by the legal principle of comparative negligence. This means that when determining fault and assessing damages, the court considers the degree of negligence on the part of all parties involved. Even if a cyclist is partially responsible for the accident, they may still be eligible to recover compensation. However, the amount of compensation awarded may be reduced based on the percentage of fault assigned to the cyclist. Understanding comparative negligence is essential when building your case or negotiating a settlement.
No-Fault Insurance Law
New York operates under a “no-fault” insurance system for motor vehicle accidents. This means that if a cyclist is injured in a collision with a motor vehicle, they must first seek compensation for medical expenses and lost wages from their own insurance company, regardless of who was at fault. However, if the injuries are considered “serious” under New York law, the injured cyclist may have the right to file a lawsuit against the at-fault party to seek additional damages beyond what is covered by their insurance. Understanding the no-fault insurance system is important when pursuing a claim for compensation. If you are working with a dedicated Rockland County bicycle accident lawyer, they will also ensure to maximize your physical and emotional compensation following the accident.
Right-of-Way Laws
Both cyclists and motorists must understand and adhere to right-of-way laws to prevent accidents. In New York, bicycles are considered vehicles, and cyclists have the same rights and responsibilities as motorists. Cyclists must yield the right-of-way to pedestrians, follow traffic signals and signs, and use appropriate hand signals when turning or changing lanes. Similarly, motorists must give cyclists sufficient space and yield the right-of-way when required. Understanding and respecting right-of-way laws can help prevent accidents and ensure the safety of all road users.
Duty to Exercise Reasonable Care
All road users, including cyclists and motorists, have a duty to exercise reasonable care while on the road. This duty includes following traffic laws, maintaining a safe speed, and staying alert to potential hazards. Failing to exercise reasonable care can lead to accidents and liability for injuries or damages caused. It is important for cyclists to be vigilant, follow the rules of the road, and be aware of their surroundings to minimize the risk of accidents and potential legal consequences.
Statute of Limitations
In New York, there is a statute of limitations that establishes the time limit within which a lawsuit must be filed. For personal injury claims arising from bicycle accidents, the statute of limitations is generally three years from the date of the accident. Failing to file a lawsuit within this timeframe may result in the loss of your right to seek compensation. It is essential to be aware of the statute of limitations and take prompt action if you wish to pursue legal recourse for injuries sustained in a bicycle accident.
A passionate Rockland County bicycle accident lawyer will help you understand all of your options in front of you so that you can feel confident in your legal decisions. Don’t hesitate to contact our offices today if you are ready to hire an experienced bicycle accident lawyer.