Riding a bicycle can reduce your carbon footprint, but accidents involving this eco-friendly transportation can be just as devastating as those involving motor vehicles. If you’ve been struck by a cyclist while walking in New York, it’s important to understand your rights. Keep reading to learn more about how pedestrian and cyclist accidents are handled and why connecting with an experienced New York City Personal Injury Lawyer is in your best interest.
What Are New York’s Cycling Laws?
In New York, like many other states, bicycles are considered vehicles. As such, they must abide by many of the same rules and responsibilities as motorists. This means under the law cyclists must:
- Ride on the road or in designated bike lanes
- Stay out of the crosswalk and sidewalk (where prohibited)
- Use hand signals when turning or stopping
- Stop at all red lights and stop signs
- Yield the right of way to pedestrians
Can You Sue for an Accident Between a Pedestrian and a Cyclist?
Unfortunately, accidents between pedestrians and cyclists can occur for numerous reasons, including failure to yield, poor visibility, riding on the sidewalk where prohibited, riding against traffic, or distracted cycling. Determining liability can be complex. However, the party who was negligent or failed to adhere to traffic laws is held liable. It’s important to note that pedestrians can also be found at fault if they are guilty of jaywalking or suddenly entering the cyclist’s path without warning. New York is a comparative negligence state. When both parties share some degree of fault, the victim can still recover compensation, but their award will be reduced in proportion to their degree of fault for the accident.
Generally, cyclists don’t carry insurance in the same way motorists do, but if they have auto insurance it may be able to cover your injuries. If your auto insurance policy includes uninsured or underinsured motorist cover, it may apply if you are injured by a cyclist. This type of coverage can help pay for your medical expenses and other damages.
To seek compensation for your damages, you may need to file a personal injury claim against the cyclist. It’s advisable to consult an attorney who can help you navigate the claims process and safeguard your rights. A seasoned New York City personal injury lawyer can investigate the circumstances of the incident, gather evidence, and build a strong case on your behalf.
At James Newman, P.C., we are prepared to help you fight for the full and fair compensation to which you are entitled. Connect with our firm today to learn how we can help you navigate your legal options and attain the justice you deserve.
