Can I File a Claim if a Bicycle Hits My Car?
July 20, 2023 in Personal Injury
Driving a motor vehicle can lead to unexpected situations. Another driver may swerve in front of you or suddenly stop at any moment, but large vehicles are relatively easy to spot when your eyes are on the road. On the other hand, bicycles can be harder to see, so the outcome can be trickier when a bike collides with your car. Below, the experienced car accident attorneys at Sullivan Papain Block McManus Coffinas & Cannavo P.C. explain your rights and the legal steps you can take following an accident with a bicycle.
How Frequent Are Bicycle Accidents?
As bicycle lanes and networks become increasingly prevalent, there has also been an increase in the number of cyclists on the road. Despite everyone’s best efforts, this makes it more likely that bicycle and car collisions can happen.
New York City’s high population density and bustling streets make it particularly vulnerable to increased interactions between bicycles and cars. Over the past decade, the city has made efforts to improve bike infrastructure and promote cycling as a means of transportation. However, this increased ridership has also corresponded to increased bicycle accidents.
Some of the most common factors that contribute to bicycle accidents include:
- Failing to follow traffic laws
- Speeding, reckless, or distracted driving
- Failing to yield the right-of-way
- Following a bicycle too closely
Who is at Fault in a Bike Accident?
Establishing fault in bicycle-car collisions can be more complex than in traditional car accidents. Traffic laws, road conditions, and even the actions of the driver and the cyclist can all have an impact.
In some cases, the cyclist may be fully or partially at fault. For instance, if the cyclist ignored a traffic signal or was riding on the wrong side of the road, their negligence might have contributed to the accident. On the other hand, if the driver was speeding or failed to yield the right of way, they could bear responsibility.
Filing a Claim Against the Cyclist’s Insurance
While no one wants to be involved in an accident, the good news is that cyclists can be held liable for accidents just like any other road user. If the cyclist is found at fault, you may be eligible to file a claim against their insurance policy. However, not all cyclists carry insurance, so it’s best to consult an experienced car accident lawyer to explore your options.
When to Get a Lawyer After an Auto Accident
Whether you need legal representation after a bicycle hits your car depends primarily on the severity of the accident and the injuries involved. If it was a minor fender bender and everyone is okay, you may not immediately need an attorney. However, hiring an attorney is highly advisable if there is substantial damage to your vehicle or injuries to you or your passengers.
The legal process can be complex in such cases, involving medical records, expert testimonies, and extensive negotiations with insurance companies. An experienced car accident attorney can guide you through this process, advocating for your best interests and maximizing the compensation you may be entitled to cover medical expenses, lost wages, and pain and suffering.
Another situation in which you should seek the advice of a car accident attorney is when liability is disputed or unclear. An attorney can conduct a thorough investigation, gather evidence, and work with accident reconstruction experts to determine liability and build a strong case on your behalf.
Furthermore, if an insurance company approaches you with a settlement offer shortly after the accident, you must consult an attorney before accepting their offer. Insurance companies often try to settle quickly and for a lower amount than you deserve. A bicycle accident lawyer can assess the offer’s adequacy and negotiate with the insurer for a fair and just settlement. If negotiations fail, your attorney can also represent you in court should the case proceed to litigation, ensuring your rights are protected and you have the best possible chance of obtaining a favorable outcome.
Contact the Experienced NYC Bicycle Collision Lawyers at SPBMCC to Seek Justice Today
Sullivan Papain Block McManus Coffinas & Cannavo P.C. is a reputable full-service personal injury law firm specializing in various areas, including 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.