Bicycle accidents can be a traumatic experience. Depending on the circumstances, a bicycle accident can result in severe injuries, property damage, and even loss of life. In New York, bicycles are considered vehicles, which means that bicyclists have the same rights and responsibilities on the road as those who drive motor vehicles.
Unfortunately, many drivers fail to recognize bicyclists on the road, which can lead to accidents. If you have been injured in a bicycle accident in New York due to someone else's negligence, you should know your rights and how to protect them.
Do Cyclists Have the Right to File a Lawsuit if They’re Injured in a Bicycle Accident Because of Another’s Negligence in New York?
If you have been injured or a loved one has been killed in a bicycle accident in New York and the accident happened because of another person or entity’s negligence, you generally have the right to file a personal injury lawsuit against those responsible for causing the wreck. The following are factors you should know if you are a cyclist or a cyclist’s family member who is considering filing a bicycle accident lawsuit in New York:
- Negligence – Before filing a personal injury lawsuit, you must have proof that the other party was at fault for the accident. In New York, drivers have a "duty of care" towards the other drivers, bicyclists, and pedestrians sharing the road with them. If they fail to exercise this duty and cause an accident, they can be held legally responsible for any injuries or property damage they cause.
- Comparative Fault – In some bicycle accident cases, the bicyclist may also be partly to blame for the accident. In New York, the comparative fault rule is applied in personal injury cases where multiple parties are responsible for causing the accident. This means that if the bicyclist is found to be partially responsible for the accident, the cyclist’s damages may be reduced by the percentage of fault attributed to them. For example, if the cyclist is found to be 40 percent at fault for the accident, then any damages the bicyclist is awarded in a lawsuit will be 40 percent less than they would’ve been if the cyclist had been 0 percent at fault.
- Three-Year Statute of Limitations – In New York, there is a three-year statute of limitations for filing a personal injury lawsuit for a bicycle accident. This means that you have three years from the date of the accident to file a lawsuit or pursue legal action. Although there are some exceptions, it is generally advisable to file a claim as soon as possible to ensure that all legal options are available to you.
- Types of Damages – If you file a personal injury lawsuit for a bicycle accident in New York, you may be entitled to a variety of damages. These include medical expenses, lost wages, the cost of replacing or repairing your bicycle, and pain and suffering. To receive adequate compensation, it is essential to keep records of all the damages you suffered, including medical bills, witness statements, and police reports.
- Importance of Legal Help – If you have been injured in a bicycle accident in New York due to another's negligence, it is essential to have professional legal help. An experienced personal injury attorney will help you understand your rights, gather necessary evidence, negotiate a fair settlement, and represent you in court if necessary.
Schedule an Appointment with Our Experienced Bicycle Accident Attorneys in New York
If you have been injured in a bicycle accident, don't hesitate to get in touch with DeLorenzo, Grasso & Dalmata, LLP. We're here for you 24/7, so feel free to reach out to our Schenectady bicycle accident lawyers as soon as possible after your accident. We are dedicated to always being available to assist our clients in their time of need.
Call our firm at (518) 299-0314 or contact us online today to discuss your cycling accident case with our experienced personal injury attorneys in New York.