Bicycle Accidents

A Critical Mass Of Bikers At Risk For Critical Injury

The streets of New York are filled with bicycles, and that number will rise with the apparent success of the New York City Bike Program. Bicycle accidents have always been a frequent occurrence in the city, and because of the lack of bodily protection of bicyclists, serious injuries can occur.

If you have been injured or a family member has died in a bicycle accident, you may be eligible for compensation. You should speak with an experienced personal injury lawyer as soon as possible to learn about your rights and your legal options.

Don’t Suffer Alone. Contact A Bike Accident Lawyer.

Caesar & Napoli, is a law firm with extensive experience in bicycle and pedestrian accident cases in Brooklyn, Queens and Manhattan. We seek full compensation for every client, including medical costs and damages for lost income, pain and suffering, and other losses. When you choose us to represent you, we will:

• Investigate the accident — Our team of attorneys will undertake a thorough investigation to learn how the accident happened and to document the fault of the other party.
• Analyze insurance coverage issues — In a bicycle accident case, there may be multiple sources of compensation, particularly if the accident victim worked for a delivery service. Our New York City bicycle accident lawyers will seek compensation from all possible sources.
• Learn about your medical needs — Working with your doctor or other medical specialists, we will identify your current and future medical needs. In a case involving catastrophic injuries, such as head injury or spinal cord injury, this could include a life care planner, who can develop a comprehensive listing of all of the care, therapy and services the accident victim will need.
• Seek full compensation — Caesar & Napoli, will be your strong advocate, seeking the best possible jury award or settlement for you.

What New York Law Says About Riders

Under New York Vehicle and Traffic Law section 1231, a person on a bicycle has the same rights and the same duties as the driver of a vehicle. That cuts both ways. A rider is entitled to the road, and a rider can also be assigned a share of the fault. Insurers lean on the second half of that sentence, which is why the details of how a collision happened matter so much.

A helmet is required in New York for riders under fourteen, and New York City requires one for commercial riders working for a business. Not wearing a helmet does not by itself end a claim for an adult rider, although an insurer will raise it where the injury is to the head.

The Collisions That Produce Most Claims

• Dooring. A parked driver or passenger opens a door into the path of a rider. New York law says no one may open a door on the traffic side until it is reasonably safe to do so.
• Left and right hook turns. A driver turns across a bike lane or across a rider traveling straight ahead.
• Blocked bike lanes. A rider is forced out of the lane by a stopped vehicle and into moving traffic.
• Failure to yield. A vehicle pulls out of a driveway, a parking space or a side street.
• Road defects. A pothole, a sunken grate or an unmarked construction plate. These usually involve a municipal defendant, and they carry requirements that ordinary claims do not.
• Hit and run. More common than most riders expect, and not the end of a claim.

Who Pays the Medical Bills

This is the part most riders get wrong. In New York a cyclist struck by a motor vehicle is normally covered by that vehicle’s no-fault benefits, in the same way a pedestrian would be. No-fault pays medical treatment and a portion of lost earnings regardless of who caused the collision. The application generally has to be filed within thirty days of the collision.

No-fault does not pay for pain and suffering. For that, New York requires the injury to meet the serious injury threshold set out in the Insurance Law. The categories include fracture, significant disfigurement, permanent loss of use of a body organ or member, permanent consequential limitation of use, and significant limitation of use. There is also a category for a medically determined injury that prevents a person from performing substantially all of their usual daily activities for at least ninety of the first one hundred eighty days after the collision. Whether a case clears that line is decided on the medical records, which is why early and consistent treatment matters.

E-Bikes, Mopeds and Scooters

The machine matters more than most riders expect, because it decides which insurance rules apply. A pedal bicycle and most pedal assist and throttle e-bikes are not motor vehicles under New York’s insurance law, so a rider struck by a car is generally treated like any other cyclist and covered by that car’s no-fault benefits. A registered moped or limited use motorcycle is treated differently, and no-fault benefits are generally not available to its operator in the same way. Stand up electric scooters raise the same question again. Which category a particular machine falls into depends on its class, its speed and how it is registered, so it is worth confirming rather than assuming.

Delivery Riders and Commercial Cyclists

A rider hurt while working delivery is often covered from more than one direction at once. There may be a workers’ compensation claim, a no-fault claim against the vehicle involved, and a separate claim against whoever caused the collision. These sources interact, and one can reduce another, so they are worth sorting out early rather than after a settlement is signed.

What Helps a Claim in the First Week

• Get medical attention the same day, and describe every symptom, not only the worst one
• Make sure a police report exists, and get the report number
• Photograph the scene, the vehicle, the plate, the bike and your injuries
• Take the names and numbers of witnesses before they leave
• Keep the bike and the helmet exactly as they are, damage included
• Do not give a recorded statement to the other driver’s insurer before you have advice

Common Questions

Who pays my treatment while the case is open?

Usually the no-fault coverage on the vehicle that struck you. The application generally has to be filed within thirty days of the collision, so it should not wait.

What if the driver left the scene?

A hit and run does not end a claim, but the early steps are strict. The incident generally has to be reported to the police within twenty four hours. Uninsured motorist coverage on a household policy may then apply, and New York also has the Motor Vehicle Accident Indemnification Corporation for riders with no other coverage available, which normally requires a notice of intention within ninety days.

Does it matter that I was outside the bike lane?

It is a fact the other side will use, not a rule that ends the case. New York applies pure comparative fault, so a share of responsibility reduces a recovery rather than removing it.

How long do I have to bring a claim?

Three years from the date of the collision for most claims against a private driver. Where a city agency or a transit authority is a defendant, a notice of claim is normally due within ninety days and the lawsuit itself within one year and ninety days.

What about a pothole or a bad road surface?

Those claims are harder, and not because of the injury. New York City generally has to have received written notice of that specific defect beforehand, through the Pothole Law and the map maintained for that purpose, before it can be held responsible for it. The ninety day notice of claim applies on top of that. Both are reasons to have a road defect claim looked at quickly rather than eventually.

What if the crash left a lasting injury?

Head and spine injuries change what a claim has to cover, because the question becomes lifetime need rather than recovery time. We cover that on our pages for traumatic brain injuries, spinal cord injuries and catastrophic injuries.

Contact An NYC Bike Accident Lawyer

For a free consultation about a bicycle accident case, contact Caesar & Napoli Our personal injury lawyers serve clients in Brooklyn, Queens, Manhattan and elsewhere in the New York metropolitan area.