Can a Biker be Sued for a Car-Bicycle Accident?
December 8, 2023 in Motor Vehicle Accidents, Personal Injury
Driving through the vibrant streets of New York City can be exhilarating. There are bright lights and activities to keep your mind occupied, but there are risks at every turn, including the risk of a car-bicycle accident. When a car-bicycle accident happens, questions about liability often arise. Below, the NYC bicycle accident lawyers at Sullivan Papain Block McManus Coffinas & Cannavo P.C. explore the intricacies of car-bicycle accidents.
Liability in Car-Bicycle Accidents
Drivers are responsible for sharing the road with cyclists to prevent bike accidents. At the same time, bicyclists have rights on the road, but can a biker be sued following a car-bicycle accident? In short, the answer is yes. However, in many car-bicycle accidents, responsibility is shared between both parties.
New York is a no-fault state when it comes to car insurance, meaning that an individual’s insurance company is primarily responsible for their medical bills until negligence is determined. This can be difficult when it comes to an accident with a cyclist, as they often do not carry auto insurance.
The key is determining negligence— was either the motorist or the cyclist acting recklessly or negligently? Our NYC bicycle accident attorneys specialize in dissecting the details to establish liability and navigate the intricate web of NYC traffic laws to determine if the cyclist’s actions were within legal bounds.
When Can a Cyclist or Driver Be Sued?
If the bicyclist is found to be negligent— for instance, running a red light or not yielding the right of way— they may be liable for the accident. New York operates under contributory negligence, which means that if the bicyclist’s actions contributed to the accident, their compensation may be reduced. Likewise, a driver may be found at fault if there is evidence of:
- Left turns without yielding
- Abrupt right turns
- Sideswiping or rear-ending
- Drifting onto the bike lane or shoulder
- Backing up or pulling out into traffic
- Running a stop sign or traffic light
- Opening a car door
- Distracted driving
Our NYC bicycle accident lawyers can assess the situation to determine the strength of your case, whether you are the cyclist or the driver.
How NYC Bicycle Accident Lawyers Can Help
We understand the challenges bicyclists and motorists face and are committed to advocating for your rights. Our bicycle accident lawyers conduct meticulous investigations to gather evidence, including witness statements, traffic camera footage, and accident reports, to build a strong case in your favor. Our expertise in New York traffic laws and experience in negotiation and litigation can help you seek financial compensation for your injuries.
You may want to take many steps in the aftermath of a car-bicycle accident, but the first step you take should be to seek guidance from an experienced bicycle accident lawyer. If you or a loved one has been involved in such an incident, contact us today for a free consultation. Our NYC bicycle accident lawyers are here to help. We operate on a contingency-fee-basis, meaning a consultation and our legal services will come at no out-of-pocket cost to you. Whether you’ve been hit by a car or were driving during a bicycle-car accident, contact our experienced attorneys today.
Contact an Experienced Bicycle Accident Lawyer at SPBMCC Today
Sullivan Papain Block McManus Coffinas & Cannavo P.C. is a reputable, full-service personal injury law firm specializing in various areas, including car-bicycle accidents. Our dedicated litigation support teams are committed to vigorously representing clients in matters such as 9/11-related illnesses, personal injury, car accidents, construction accidents, medical malpractice, premises liability, medical malpractice, and firefighter law across New York City, Long Island, Nassau, Suffolk counties, and New Jersey. Contact us today to learn more about our firm or schedule a consultation with one of our experienced attorneys.