You may head to Sprain Ridge Park for its various mountain biking trails or you might commute to work on your bicycle. Bikes are an economical and fun way to get around. But what begins as a pleasant ride may not remain that way. You might follow all traffic rules and still suffer injuries if another motorist is negligent. This is where an experienced personal injury attorney is essential.
Bicyclists are vulnerable because they are unprotected if a motor vehicle crashes into them. If you are hit by a motorist or suffer some other accident on your bike, contact a Yonkers bicycle accident lawyer from StolzenbergCortelli, LLP to learn about your rights and the compensation you can fight for.
According to New York Vehicle and Traffic Law § 1231, bicyclists are afforded the same rights as motorists but also incur the same responsibilities to follow traffic laws. This includes riding with the flow of traffic and abiding by stop signs and signals. New York also requires anyone under 14 years old to wear a helmet, whether riding a bike or a passenger on one. Children younger than a year old are not permitted as bike passengers. In addition, all riders must equip their bikes with the following:
Other rules apply, all in the name of safety, such as only having one earbud in the ear when listening to an audio device. Bicyclists must be aware of their surroundings and make themselves seen so motorists can react safely. An informed Yonkers bicycle accident attorney from StolzenbergCortelli, LLP knows what steps a person should take if they believe an incident was the fault of another party.
New York is a no-fault vehicle insurance state, which means drivers involved in accidents with other vehicles will be reimbursed for injuries and lost wages by their own insurance companies, regardless of who is at fault.
If a bicyclist is hit by a vehicle, the auto owner’s insurance will pay for the bicyclist’s injuries. New York requires these no-fault policies, called personal injury protection plans (PIP), to offer minimum coverage of $50,000 for bodily injury, lost wages, and other expenses accrued because of the accident. A bicyclist injured in an auto accident has 30 days to file an insurance claim and a lawyer should handle negotiations with insurance companies.
Bicyclists who are severely injured after being struck by a car can file lawsuits based on negligence if the amount of insurance the motorist carries does not cover the medical and other expenses incurred in the accident. A Yonkers bike injury lawyer from StolzenbergCortelli, LLP must prove the motorist had a duty to ensure the bicyclist’s safety, and failed by committing an irresponsible act that caused direct harm to the bicyclist.
The injured bicyclist could be entitled to economic damages, which are a tally of the plaintiff’s calculable losses, including medical bills and lost wages. The jury can also award non-economic damages for subjective losses such as pain and suffering.
Under the New York Civil Practice Law & Rules § 214, people incurring personal injuries, including from bicycle accidents, must begin legal action against the negligent party within three years of the accident. Some exceptions apply, but failure to file a complaint within this Statute of Limitations will forever bar filing in the future.
Yonkers draws hundreds of bicyclists to its wooded trails and city streets. While you might enjoy the benefits of this activity, you should also realize how dangerous it can be to share the road with large vehicles. Our legal team believes reckless drivers should pay for their negligence if you are harmed.
StolzenbergCortelli, LLP fights for the compensation you need to pay bills and support your family after a catastrophic collision. Contact a Yonkers bicycle accident lawyer today to learn how we could help you.