In New York, bicycles are a common form of transportation that provides cyclists with a quicker way to travel through the busy streets and congested roads. However, the rise in bicycle use in the state has also significantly increased the reported number of bicycle accidents and fatalities.
If you have been injured in a bicycle crash, it is important to learn how you can protect your rights and seek financial support.
How is driver negligence determined in New York?
Under New York state law, bicycles are considered the same class as motor vehicles. This means that you have the same rights and privileges to the road as car or truck owners.
To determine liability in the accident, you must prove that the other driver’s action was negligent or reckless. Here are four common actions that may help prove that the other driver was at fault:
- The other party disobeyed traffic laws
- The other party was speeding in a bike zone
- The other party was using a handheld device while driving
- The other party was driving under the influence
Since New York follows the concept of comparative negligence, your compensation’s amount will vary depending on each party’s percentage of negligence. This means that if you are partially responsible for the accident, your compensation will be reduced based on your percentage of fault.
What is the statute of limitations for bicycle accidents?
You will have three years from the date of your bicycle accident to file a personal injury claim, with some exceptions. For example, if you are a minor, your statute of limitations will not begin until you turn 18. If your crash injury was not discovered immediately (e.g., concussion, traumatic brain injury), your statute of limitations will only begin from the date your injury was diagnosed.
You have the right to seek fair compensation
Working through your case while you are still recovering from your crash injuries can be challenging to manage alone. With the guidance of legal counsel, they can help protect your rights, gather the required evidence and negotiate with the other party on your behalf.