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NEW YORK LAW FAVORS THE BICYCLIST
Typically in New York State, there are over 5,000 accidents every year in which bicycle riders were hit by cars or trucks. Over half of these bicycle accidents involved moderate to severe personal injuries to the bicyclist, such as fractures, injuries requiring surgery and even fatalities. In the New York City area bicycle riders share the roads with cars and trucks and unfortunately accidents are a common fact of life for many bicyclists. The higher population of these bicycle riders creates the inevitability of accidents between cars and bicycles.
If you were hit by a car while riding a bicycle, you are entitled to medical benefits and can sue for personal injuries. For over two decades our New York City bicycle accident lawyers have protected the bicycle riding community in New York City and all of the towns of Westchester. New York City, especially Manhattan, has a large number of food delivery workers, messenger services and commuters who ride bicycles. The recent Citibike program has increased the number of New Yorkers that rely on bicycles for their daily transportation needs. Also gaining popularity in Manhattan are rickshaws and bicycles who provide transportation for tourists.Likewise, the towns and cities in Westchester, such as White Plains, Yonkers, New Rochelle, Ossining, Scarsdale, Rye, Ryebrook Elmsford, Pelham, Bronxville, Mamaroneck, Port Chester and Greenburgh, all have recreational bicyclists and an increasing number of environmentally conscious people who ride their bikes to school and work. In fact, New York City’s statistics show that there has been an increase in cycling of 13% between 2009 and 2010 which was measured by counting the number of bicycles coming over the commuter brides such as the Queensboro and the Brooklyn Bridge into Manhattan. In 2017, there were 24 bicycle accidents which resulted in fatalities and the third quarter of 2019 had 19 bicycle accident fatalities.
Fortunately for New York bicyclists, the law is on your side and so are our bicycle accident lawyers. New York’s vehicle and traffic law requires that all drivers of cars and trucks exercise due care to avoid colliding with any bicyclist upon any roadway and require motorists to give warning by sounding the horn when necessary. Therefore under New York's law, the onus is clearly on the car or truck driver to avoid hitting cyclists.
WHO IS RESPONSBILE TO PAY FOR THE MEDICAL BILLS WHEN A BICYCLE IS HIT BY A CAR
One of the most common questions our New York bicycle accident attorneys hear from our clients involved in bike accidents is who is going to pay my medical bills or pay my wages if I cannot work. The answer depends on a number of factors. First, if the cyclist was actually working as a messenger or food delivery person, then they are entitled to workers’ compensation benefits which will pay the medical bills, lost wages and provide a permanent award for disability. If a bicyclist who wasn’t working was hit by a car or truck, the insurance company for the car or truck is liable to provide no fault benefits which are required to pay the cyclist’s medical bills and lost wages. In cases where a bicycle rider is hit and the driver takes off (hit and run) or is uninsured, if the bike rider or anyone in his household owns a car or truck, the insurance company for that car or truck is responsible to pay the medical bills and lost wages. If you have the accident report, our N.Y.C. bicycle injury attorneys can set up the benefits for you the same day that you meet with us.
In addition to basic wage and medical bills, where there has been a serious injury, the bike rider can sue the car or truck that hit them and is entitled to substantial damages for their pain and suffering. Our New York bicycle accident lawyers have successfully handled countless cases involving bike accidents. Bicycle riders tend to be physically active and injuries take not only a physical toll but an emotional toll. We understand the damage that an injury can cause on the life of an active cyclist and will fight hard to get you every penny you are entitled to. We fight the insurance companies every day and bicycle accident attorneys in New York are on your side. Call us today at (212) 858-0503 to speak with our Manhattan NY bicycle accident attorney or for an appointment with our Westchester bicycle accident personal injury attorneys call (914) 574-8330. Our attorneys know that bike accidents can be fatal or can cause serious injuries. That is why it is important to have proper legal representation on your side. Our New York bicycle accident lawyer will go over your case in detail and will do everything in thier power to get you the best possible settlement for your injuries and losses. Stop wasting time! Give us a call at (212) 858-0503 to speak to our bicycle accident attorney in New York right away or to speak with our White Plains bicycle accident lawyers, call (914) 574-8330.
HIT AND RUN ACCIDENTS You Are Not Out of Luck
One of the most frequent questions that our New York bicycle injury attorneys who handle hit and run cases, hear is "I was hit by a car that fled the scene, what can I do?" If you were a bicyclist hit by a car that fled the scene, you have rights. If you or someone in your household own a car, then you are entitled to collect from your own insurance company. New York law requires that every insurance policy written in New York, have a provision for uninsured motorist benefits, which includes, motorists, that cannot be identified. This means that your own insurance company has to pay your medical bills and is required to compensate you if you were injured in a hit and run accident while on a bicycle. Our hit and run bicycle accident attorneys have decades of experience in handling hit and run accident cases in New York.
If you do not have your own insurance, New York has a fund that pays benefits to people who were injured by a vehicle that fled the scene of the accident, called the Motor Vehicle Accident Indemnification Corporation, also known as "MVAIC". For bicyclists that were hit by vehicles that fled the scene, the MVAIC, will pay the no fault benefits and provide compensation for injures up to $25,000.
ACCIDENTS IN THE NEW YORK CITY BICYCLE LANE
If you were hit by a car or truck in a bicycle lane in New York, the law is on your side. New York State and New York City have strict laws that give bicyclists preferential or exclusive use of bicycle lanes. New York State Vehicle and Traffic Law § 102-a and New York City Department of Transportation Rules, Title 34 § 4-08(e)(9), state that motorists are prohibited from stopping, standing or operating a vehicle in a bicycle lane. Likewise, New York City Rule Title 34 § 4-12(c) prohibits the egress from a vehicle which obstructs or interferes with the travel of an approaching bicyclist. The underlying policy of these various statutes and regulations is to prevent vehicles from hitting bicyclists and causing obstructions in the bicycle lanes and to provide for the safety of bicyclists, who are using the designated bicycle lane.
The law is clear that the bicycle lanes are for bicycles to use and if cars cross the bicycle lane, they must make sure they can do so without hitting a bicyclist. If you were hit by a car, while in the bicycle lane, call our New York City bicycle accident lawyers or our Westchester bike injury attorneys.
BICYCLISTS HIT BY OPENING CAR DOORS
One of most common causes of accidents that our bicycle accident lawyers in New York see occurs when a person is riding a bicycle to the far right side of the street, and is passing parked cars. Too frequently, a bicyclist is riding along and suddenly a car door opens and either strikes the bicyclist or the door opens suddenly and the bicyclist strikes the door and goes flying over the handle bars. Our New York City and Westchester bicycle accident attorneys know that the driver is at fault and not the bicyclist.
The law in New York favors the bicyclist in this situation. New York's Vehicle and Traffic Law 1214 prohibits drivers from opening their car doors on the on the side which runs along moving traffic lanes unless and until the door can be opened when it is reasonably safe to do so, and can be done without interfering with the movement of other traffic. In other words it is the responsibility of the driver to check their side mirror and make sure there are no approaching bicyclists before they open their car door. These rules of the road apply all over New York State, including Westchester County.
Although the New York State rules are favorable to bicyclists, New York City takes the commitment to bicyclist safety one step further. New York City Rule Title 34 § 4-12(c) prohibits people from getting out of their car or truck, from the side facing on the traveled part of the street, if it interferes with the right an approaching bicycle to use the road. So if you were injured while riding a bicycle because a car door opened suddenly, call our Manhattan and White Plains bicycle injury lawyers today. Our bicycle injury lawyers can get your medical benefits set up and get you a settlement for your personal injuries.
BICYCLISTS HIT BY TURNING CARS AND TRUCKS
An all to frequent accident scenario, which our Westchester and New York City bicycle accident lawyers have handled is the case where a bicyclist who is going straight is hit by a turning vehicle. Our bicycle injury attorneys know that a bicycle going straight in its lane of travel has the right of way over a turning vehicle. In other words, a vehicle which is changing lanes or turning has the responsibility to make sure that the turn can be made safely without hitting a bicyclist who is on the side of a turning car or on the on coming lane of travel, where the vehicle is making a left hand turn.
Car versus bicycle accidents occur not only at intersections, but also at driveways and while cars are entering or exiting parking lots. The most common defense is the motorist claims is that they are not at fault because they did not see the bicycle. However, our White Plains bicycle accident lawyers and our Manhattan bicycle injury attorneys know that this is not a defense. All drivers who operate cars or trucks, have the obligation to keep a proper look out and see what there is to be seen. Our Manhattan bicycle accident lawyers win these cases by taking photographs of intersections and measuring the line of sight. So our N.Y.C. bicycle accident lawyers can prove, that when the road is straight and level, the only reason that a motorist didn't see the bicycle was that they weren't looking where they were supposed to be looking.
THE NEW YORK BIKE ACCIDENT LAWYER-
THAT CLIENTS LOVE
Mr. Joseph handled my case fantastically, I am very happy with the results. Thank you so much to your staff and your hard work.
5.0 stars, Posted by Olenizio- June 25, 2018
At our office, you are more than just a file. Our lawyers work tirelessly to get you the justice you deserve. We know that you did not ask to get hurt in an accident and deserve to be treated fairly by the insurance companies and the Court system.
Our bicycle accident lawyers always go the extra mile to get the best possible result for our clients.
For an appointment in our Westchester office, in downtown White Plains,
Call (914) 574-8330
For an appointment in our Midtown Manhattan office, (Near Grand Central),
Call (212) 858-0503