Although bicycles are the first vehicles people get when they're young, and most learn to ride them from an early age, many cyclists are involved in severe accidents each year.
According to the latest reports from the New York State Governor's Traffic Safety Committee (GTSC), 7,523 bicycle crashes occurred in 2022 alone. Furthermore, 50 people lost their lives in these accidents.
Motorists must abide by the New York State Vehicle and Traffic Law, be alert to the presence of cyclists on the road, and exercise caution when driving to avoid colliding with them. Unfortunately, many are negligent or make mistakes that end up causing severe injuries and deaths.
Bicycle accident victims have the right to take legal action against responsible parties under the personal injury law. However, they're required to prove fault in order to recover the compensation they may be entitled to. Below is more information about this process and what injured people should do in these cases.
Who Is Liable for a New York Bicycle Accident?
New York is a no-fault state. Just as drivers must turn to their auto insurance policy for collisions involving motor vehicles, those injured in bicycle accidents can recover compensation from their own insurance company. Law Office of Carl Maltese can also share insight on how to prove fault in a pedestrian accident in NY.
No-fault insurance typically covers the following damages:
Medical expenses: Victims can obtain compensation for medical care and treatment costs directly related to the bicycle accident, as long as they're considered "reasonable and necessary."
Lost wages: Policyholders are entitled to up to 80% of their lost wages for a maximum of three years, but this sum is capped at $2,000 per month.
Out-of-pocket expenses: This compensation may include costs related to required in-home assistance and other necessary expenses for up to one year. It's capped at $25 per day.
A lump-sum death benefit: Dependents or the estate of people who die in a bicycle accident can receive up to $2,000 in a single payment.
Although no-fault insurance can be a quick and easy way to get compensation in a bicycle accident case, it doesn't cover non-economic damages, such as pain and suffering. As such, this type of coverage may be insufficient for cyclists who have been severely injured and for families who lose a loved one in these tragic situations.
How Can Bicycle Accident Victims Get Compensation Outside Their Insurance Policies?
When an injured cyclist doesn't have an insurance policy or cannot recover sufficient compensation because it doesn't cover their damages, they can file a claim against the responsible driver's insurance company or directly sue the at-fault party.
Seeking compensation outside the no-fault system, however, will require additional steps. Injured cyclists must prove driver negligence and demonstrate that their injuries are considered "severe" under the state's laws.
Common Causes of Bicycle Accidents
Although bicycle accidents can result from different situations, negligent drivers are the leading cause. Motor vehicle operators can contribute to such incidents in many ways, including committing a human error, driving while impaired, speeding, or failing to yield to cyclists.
Traffic laws are clear. Motorists must be careful and responsible, as they'll share the roads with other parties, including cyclists. Therefore, negligent drivers can be held legally accountable if they fail to exercise caution and injure another person. For more information, Long Island bicycle accident lawyers may be able to help.
Determining Fault in New York Bicycle Accident Cases
As mentioned, an injured cyclist must prove that the liable party failed to exercise care and their negligence caused their damages. In other words, for victims to recover fair compensation, the bicycle accident case must meet the following elements:
Duty of Care
Injured cyclists must establish that the other party involved in the accident owed them a duty of care, meaning that they had a legal obligation to act responsibly, exercise reasonable caution, and avoid actions that could harm others.
Breach of The Duty of Care
Next, victims need to demonstrate that the other party breached this legal obligation. In simple terms, cyclists who have been injured in a bicycle accident are required to prove that the defendant failed to exercise caution or acted recklessly.
Causation
After that, victims must prove that the negligent parties' breach of the duty of care was the main cause of the bicycle accident and led to their injuries. This link must be clear and verifiable.
Damages
Finally, injured cyclists must provide evidence of the damages they sustained in the accident, which can include medical bills, lost wages, property repair costs, pain and suffering, significant disfigurement, and other losses.
Evidence Required to Establish Fault in a Bicycle Accident Case
In order to prove the four elements required to establish fault for a bicycle accident, victims must collect and present strong evidence. This may include the following:
Medical records
Police reports
Witness statements
Expert testimonials
Photographs and videos of the accident scene
Can Injured Cyclists Be Considered Liable in a Bicycle Accident?
New York is among the states that follow a pure comparative negligence system. Consequently, injured cyclists may be considered "partially at fault" if it's found that they contributed to the bicycle accident.
In such cases, the compensation plaintiffs can receive should be reduced based on their percentage of fault. If injured parties were found to be 20% liable in a bicycle accident case worth $100,000, they'd just recover $80,000, for example.
Final Thoughts: Do Bicycle Accident Victims Need Help from a Lawyer?
There are many bicycle accidents in New York every year. Since cyclists aren't as protected as motorists on the roads, these incidents often result in severe injuries. However, victims are entitled to compensation for their losses and damages.
New York cyclists can get compensation from their insurance company through the no-fault system, but this amount is often limited. That's why many bicycle accident victims decide to file a claim against the liable party's insurer or directly sue them.
This process can be tedious and time-consuming, as victims must understand the state's laws, collect evidence, and build a solid case.
Plus, if they're planning to settle the case before trial, insurance adjusters will try to reduce the compensatory amount to protect their own interests. Therefore, injured cyclists should seek help from an experienced attorney. They can also consult on how to prove fault in a motorcycle accident in NY.
A New York bicycle accident lawyer can guide victims through the legal process, collect evidence to prove fault, and take the necessary steps to recover maximum compensation.
Cyclists who have been injured due to someone else's negligence can find a professional and compassionate bicycle accident attorney at The Law Office of Carl Maltese. Call us today and schedule a free consultation!
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