New York Metropolis, NY , 02/23/2021 / Jonathan C. Reiter Legislation Agency, PLLC /
On this PR New York Bicycle Accident Lawyer Jonathan C. Reiter explains the legislation and the steps to take after a New York Bicycle Harm
Sadly, motorists don’t all the time be careful for cyclists in New York Metropolis. In different instances, drivers blatantly ignore a bicyclist’s rights and imperil their security.
Bicycling is a well-liked strategy to get round within the metropolis. It’s inexpensive and infrequently a lot quicker than driving or hopping in a cab. Biking can also be good for the surroundings, in addition to an effective way to suit some train into your day.
Nonetheless, cyclists are susceptible after they need to navigate busy metropolis streets and share the street with the heavy visitors within the metropolis. In 2019, for instance, there have been over 3,800 motorized vehicle collisions in New York Metropolis involving a bicyclist the place the bike owner was severely injured or killed. Whereas this was a 3 p.c lower from 2018, biking deaths and accidents stay excessive.
There are particular precautions you may take to keep up your security. It’s additionally essential to know what to do instantly after being injured in a bicycle accident in New York.
How Standard Is Bicycling?
Biking is rising in recognition, and the development spans generations. Whereas biking is typically seen as a teenager’s mode of transportation, bicycles predate automobiles and have been common because the Nineties.
In reality, bicycle gross sales have outpaced motorized vehicle gross sales in nearly yearly since 2003. A part of this development may very well be attributable to folks being extra environmentally aware. As well as, fluctuating fuel costs and the excessive price of parking a automotive within the metropolis may very well be persuading extra folks to make the swap to 2 wheels as an alternative of 4.
Because the Child Boomer era enters retirement, there has additionally been a surge in bicycle gross sales amongst older adults. Right this moment’s seniors are much more energetic than elders in earlier generations, and biking is a gentler type of train than jogging or different high-impact actions.
Bicycle Legal guidelines in New York
One of many methods to maintain your self protected on a bicycle is to know the legal guidelines that govern biking. Whilst you can’t management what motorists do, you may take steps to make sure you keep as protected as doable.
Bicyclists in New York are required to stick to the identical visitors rules as drivers in motor autos. Cops can ticket a bicyclist simply as they will a driver.
Youngsters underneath the age of 14 should put on a helmet. As well as, sure neighborhood guidelines could impose stricter necessities.
Cyclists are required to sign that they’re making a flip when they’re using on a street, bike path, bike lane, or path that’s marked for each bicycle and car visitors.
Bicyclists have the proper to share the street with motor autos except highways. Nonetheless, cyclists ought to use bike lanes after they can. Within the absence of a motorcycle lane, cyclists ought to keep towards the proper facet and fringe of the street.
The legislation requires cyclists to experience with visitors moderately than using towards it.
Cyclists using in teams ought to keep in single file formation, though they will experience with two cyclists facet by facet within the absence of visitors. Cyclists are prohibited from using with greater than two folks facet by facet.
High Causes of Bicycle Accidents
Bicycle accidents can occur for a variety of causes, however some varieties of collisions are extra widespread than others. Realizing which sorts of accidents usually tend to occur will help you are taking steps to keep away from being concerned in a crash.
Intersection accidents – Intersections are a standard location for bicycle accidents to happen. When drivers are turning or merging with visitors, they will get distracted and overlook an approaching bike owner. On streets which have bike lanes, motorists making turns at an intersection could overlook {that a} bike owner is approaching the intersection within the bike lane desiring to go straight. On this scenario, the motive force may negligently flip into the trail of the bike owner inflicting a collision.
- Getting “Doored” whereas using subsequent to parked cars- Even using down a line of parked automobiles might be harmful, as this could result in a dooring accident the place a motorist opens their door unexpectedly and strikes the bike owner. Motorists are obliged to look rigorously earlier than opening a door, particularly if the door is dealing with the journey portion of the roadway. “Dooring” a bike owner is a violation of New York’s Car and Visitors Legislation and is thought to be negligence by the motorist and/or their passenger.
Drivers failing to respect bike lanes-Drivers who’re stopped behind a car ready to show throughout oncoming visitors could also be tempted to go across the automobiles in entrance by going into a motorcycle lane. That is each unlawful and extremely harmful to a bike owner who could also be approaching within the bike lane and is abruptly confronted with a automotive pulling out and placing the bike owner. Drivers additionally could illegally park in a motorcycle lane, obstructing a bike owner who’s obliged to go round them and into the primary portion of the travelled roadway, resulting in a collision with an approaching car.
Parking zone accidents – Parking heaps contain motorists pulling out and in of areas, and they may not all the time pay attention to a bike owner using behind or round them, inflicting a collision.
Who Is Chargeable for a Bicycle Accident in New York?
When a bicycle accident happens, the person who prompted the accident is accountable for paying damages to the one that was harm within the crash.
If in case you have been harm in a bicycle accident, you’re the plaintiff. The one that prompted the accident and your accidents known as the defendant, and they’re the liable or accountable occasion within the case.
The quantity of compensation, which can also be known as damages, you may gather varies from case to case. For instance, you could be entitled to recuperate cash in your medical payments and break day work, in addition to compensation for the ache and struggling and emotional trauma you skilled.
When somebody causes a bicycle accident as a result of they weren’t doing what they have been speculated to do, corresponding to drive safely, they’re known as negligent. Appearing negligently means failing to fulfill an obligation of care. On the open street, everybody utilizing the street has a normal responsibility of care to not endanger others.
Comparative Fault in New York
For those who have been injured in a bicycle accident in New York, you have to be conscious of a element of the legislation known as comparative fault. This legislation offers that the injured individual, generally known as the plaintiff, may bear some accountability for the accident.
If the court docket determines the plaintiff was additionally negligent not directly, the court docket can scale back the plaintiff’s damages. The court docket would decrease the quantity of the compensation by no matter proportion of fault the plaintiff contributed to the crash. For instance, should you have been concerned in a bicycle accident and the court docket determines the motive force was 80 p.c at fault and also you have been 20 p.c at fault, the court docket would scale back your damages by 20 p.c.
Steps to Take After a New York Metropolis Bicycle Accident
If you’re concerned in a bicycle accident in New York Metropolis, it’s essential to guard your rights. You are able to do this by taking a number of steps following a crash.
Get medical assist – Even should you really feel like your accidents aren’t that severe, it is best to nonetheless search medical therapy, as some accidents don’t instantly present signs. When your adrenaline is pumping after an accident, it could possibly generally take time for the ache to kick in. Your well being needs to be your high precedence.
It’s additionally essential to doc any accidents with a medical skilled as quickly as doable after an accident. For those who delay getting therapy, the insurance coverage firm could attempt to argue your accidents weren’t attributable to the accident.
Contact the police – You must also doc the accident with the police. This report is essential for establishing the date and time of the accident, in addition to the events concerned.
Get witness data – If there have been any eyewitnesses to your accident, it is best to collect their title and make contact with data. Go searching to see if any bystanders, different motorists or cyclists, or enterprise house owners noticed the crash.
Individuals’s reminiscences can fade rapidly, so it’s a good suggestion to get their statements as quickly as doable after the accident. That is additionally why it’s essential to talk to a lawyer as quickly as you may following a bicycle accident. An skilled New York Metropolis bicycle damage lawyer can work rapidly to contact witnesses and collect their statements.
In lots of instances, it’s additionally doable to acquire surveillance video of an accident. A rising variety of companies and even non-public residents have safety cameras and even doorbell cameras. In some instances, these cameras seize a crash, which might be precious proof in a private damage case.
Nonetheless, a few of these movies are mechanically deleted or overwritten after a sure time period, so that you wish to act quick to protect them should you imagine somebody might need a video of your accident.
Get the motorist’s data – Additionally, you will wish to take down the title and knowledge of the motorist, simply the identical manner you’ll should you have been concerned in a crash whereas driving a car. It’s best to receive the figuring out details about the automotive as effectively, together with the license plate quantity and make and mannequin of the automotive.
Take pictures and video – Today, most individuals have a smartphone after they exit. You need to use your cellphone to take pictures and video of the accident web site, the automotive concerned, and your accidents. It’s best to doc as a lot as doable, even should you assume it gained’t be related in your case. It’s also possible to take pictures any tire marks on the street, in addition to property injury and the rest that captures the scene on the time of the crash.
Contact a NYC bicycle accident lawyer – It’s best to get in contact with a New York Metropolis bicycle accident lawyer as quickly as doable following a collision.
Focus on Your Case with a NYC Bicycle Accident Lawyer
Bicycle accidents might be deadly, and/or trigger catastrophic accidents, together with damaged bones, inner injury, and traumatic mind accidents. These accidents can go away accident victims with years of medical payments, remedy, bodily incapacity and emotional trauma that may linger for a very long time. If in case you have been concerned in a bicycle accident, it is best to name: >> Jonathan C. Reiter a New York Metropolis bicycle accident lawyer as quickly as doable following the crash. >> 212-736-0979
Nobody ought to need to shoulder the burden of hurt attributable to one other individual’s negligence with out receiving honest compensation for a wrongful loss of life of a liked one or catastrophic accidents, ache and struggling that they maintain. Shield your proper to obtain full and honest compensation in your accidents by talking to a New York Metropolis bicycle accident lawyer about your case as quickly as doable.
Sources:
https://www.strongtowns.org/journal/2018/2/9/12-reasons-bicycling-will-continue-to-soar-in-popularity
https://www.bicycling.com/information/a31122171/nyc-cycling-crash-data/
Media Contact:
Jonathan C. Reiter Legislation Agency, PLLC >> Private Harm Lawyer – New York Metropolis, Manhattan, Queens, Brooklyn, Bronx, NY 212-736-0979
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Prior outcomes can not and don’t assure or predict the same end result with respect to any future case. Recoveries all the time rely upon the information and circumstances of every case, the accidents suffered, damages incurred, and the accountability of these concerned.
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