Riding a bike is often billed as a healthy, environmentally friendly alternative to driving. Countless New Yorkers cycle every day, whether they commute to work or ride as a hobby. Unfortunately, it takes only one texting, daydreaming, or otherwise distracted driver to cause an accident and leave a cyclist with life-altering injuries. If this has happened to you, call the Nassau County bicycle accident lawyers at Tucker Lawyers today.
Bicyclists are considered “vulnerable road users,” and it’s easy to see why — even a fairly “minor” accident from a driver’s perspective can be devastating to a cyclist.
Why Choose Us?
If you’re considering filing a bicycle accident lawsuit, you shouldn’t just search for personal injury lawyers nearby and choose the first one you find. Quality legal representation can’t guarantee you’ll win your case, but it makes winning much more likely. Here are a few reasons to consider working with Tucker Lawyers:
- We have recovered millions for our clients.
- We’re familiar with state and local laws and court systems.
- Our focus is on injury law, so we have the experience you need.
- Our founder is a former insurance attorney, so we’re uniquely equipped to negotiate with insurers.
- We’ve helped countless clients get their lives back.
Before committing to any lawyer or law office, you should first book a consultation to make sure you feel comfortable working with them. That’s why we offer free, immediate, no-obligation consultations to anyone considering working with us.
Common Causes of Bicycle Accidents in New York
Most bicyclists have been cautioned about safety since before they could remember. While it’s important to ride carefully and remain alert and aware of your surroundings, the truth is that even if you’re the most careful cyclist on the planet, a negligent driver can still cause an accident. The following are some of the most common reasons for New York bike accidents:
Not Looking Out for Bikes
Most responsible drivers do what they can to avoid car accidents. However, some are so preoccupied with driving defensively around other vehicles that they forget to look for bikes. In particularly egregious cases, drivers don’t even see cyclists until after they’ve hit them.
Making Turns
Some parts of New York have dedicated bicycle lanes. These lanes make it easier for cyclists to ride efficiently while staying out of traffic. Unfortunately, most road systems don’t completely isolate bike lanes from traffic. For instance, cars making right turns must often cross over a bike lane to do so. These vehicles sometimes turn with no warning and collide with cyclists.
Failure to Yield
Some drivers errantly believe they always have the right of way. They may not yield to cyclists in roundabouts or intersections. Given the sheer size difference between bicycles and most common vehicles, these incidents can result in major injuries, even at low speeds.
Speeding
In nearly every case, speeding increases your risk of getting in an accident. Drivers who are speeding may see cyclists, but their high speeds can make it hard to stop in time. The faster a driver is going, the more likely they are to cause a crash.
Driving While Distracted
Like speeding, distracted driving is a major cause of car accidents. When a driver’s full attention is not on the road, they run the risk of failing to spot someone on a bike. These are some of the most common distracted driving behaviors that lead to injury:
- Texting while driving
- Eating behind the wheel
- Dealing with loud passengers or unruly children
- Adjusting a GPS or radio knob
- Talking on the phone
- Reaching for something on the ground.
Even a split-second distraction can be enough for someone to lose control of a vehicle. The faster the car is going, the more important it becomes to stay focused on the road.
Determining Liability in a New York Bike Accident
Questions of liability can sometimes be more complex than they seem. If you were obeying all traffic laws when the car hit you, there’s a good chance the driver is liable. However, New York has certain traffic laws that apply to bicyclists. If you don’t abide by the following regulations, you might be found partially or totally at fault:
Signaling
In New York, cyclists are required to use hand signals such as:
- Using your left arm to signal a left turn
- Using your right arm to signal a right turn
- Turning your left forearm down (at a 90-degree angle) to signal a stop.
Just like drivers who don’t signal can confuse cyclists, cyclists who don’t signal can confuse drivers and increase the risk of an accident.
Riding With the Flow of Traffic
Many of the traffic laws that apply to cars also apply to bikes, and one of the most important is the requirement to ride with the flow of traffic rather than against it.
If you were partially at fault for your accident, you may still be able to recover compensation. Call Tucker Lawyers at (516) 399-2364 for a free case review.
Not Using Both Earphones
While cycling, you are legally allowed to have one earphone in. However, wearing two earphones makes it hard to notice potential road hazards, and it’s illegal.
Using Bike Lanes
Generally, New York requires cyclists to use available bike lanes. However, if there is no available bike lane or if there is a safety issue (like ice in the bike lane but not on the main road), it’s acceptable to use the road.
Who Pays for a Bicyclist’s Injuries?
New York’s No-Fault System and Serious Injuries
New York is what’s known as a “no-fault” state for car insurance. The no-fault system was designed to ensure that both people involved in an accident could quickly receive medical care and have it paid for. In the past, injured people often had to foot the bill while waiting for their personal injury lawsuits to be resolved — and medical professionals providing care would understandably worry whether they would be paid. If you’re on a bicycle and a car hits you, the driver’s insurance should cover your treatment. Under no-fault laws, you generally cannot file a lawsuit for mild injuries. However, if your injuries meet New York’s definition of “serious,” you can file a lawsuit.
New York’s classification of a “serious injury” is much broader than that used by many other no-fault states. Under New York law, your injuries are serious if they include any of the following:
- Dismemberment
- Death
- One or more fractures
- Loss of a pregnancy
- Significant disfigurement
- Amputation or loss of use of an organ
- Permanent loss of a bodily function
- Permanent significant limitation of an organ or bodily function
- Any injury that stops you from performing most daily activities for at least 90 days.
In some cases, it might be difficult to know whether your injuries are serious or not. For example, you could have scarring but be unsure of whether it constitutes “significant disfigurement.” A personal injury lawyer can help you determine whether filing a bicycle accident lawsuit is a good idea.
FAQ
If you’ve just been badly injured in a bicycle accident, you may be unsure of what to do next. Here are some of the most common questions our new clients ask us:
Will you accept my case?
We cannot accept every case we come across. At your free consultation, we can discuss your situation and determine whether we can represent you. If we are unable to do so, we may still be able to help you look into other options.
How long do I have to file a bicycle accident lawsuit?
Generally speaking, New York gives you three years to file a bike accident lawsuit. The countdown starts on the day of the accident or injury. However, to make sure there’s enough time to build a strong case, we recommend getting in touch with a lawyer as soon as you can.
How much compensation can I expect to receive?
Many different factors, including the severity of your injuries, the negligence of the at-fault driver, and whether you contributed to your accident, can shape the total value of your claim. The only way to get an accurate idea of your case’s worth is by consulting with an attorney.
If you don’t win my case, do I owe legal fees?
No. We work on a contingency basis, meaning you pay nothing upfront. If we win, you agree to pay us a certain percentage of the funds we recover. If we don’t recover any compensation for you, you pay nothing.
Each bicycle accident lawsuit is unique, and the right legal strategy makes a difference. The sooner you get in touch with us, the faster we can start building a strong case.
The Right Nassau County Bicycle Accident Lawyers Can Make All the Difference
The Tucker Lawyers Team Is Here for You
If you’ve just been injured in a serious bicycle accident, it can seem impossible to do anything beyond just getting through the day. However, if you can manage to give us a call, we can handle the rest. We’ll work to build a strong case for you, attempt to negotiate a fair settlement with the insurance company, and even represent you in court if needed. It’s easy to feel powerless after an accident, but our goal is to empower you to move forward — and closer to a brighter future.
If you’ve been seriously injured in a bicycle accident you didn’t cause, we’re ready to help. Call our Nassau County bicycle accident lawyers at (516) 399-2364 to book your free consultation.
Managing Attorney John. J. Tucker, Esq.
John has personally handled thousands of clients who were victims of another’s negligence and fights relentlessly for their rights. John enjoys bringing closure to a client’s matter so that the injured party can move forward with their life. His background enables him to evaluate complex liability related claims and bring resolution to claims in a record time frame. [ Attorney Bio ]