Bicycle-pedestrian accidents are an unfortunate reality of city living, especially during rush hour in busy places like New York City. Cyclists and pedestrians sometimes share the same space, which can lead to confusion and accidents. That’s why it’s crucial for injured bike riders to understand their legal rights and options.
Understanding Bicycle-Pedestrian Accidents
A bicycle-pedestrian accident happens when a cyclist and a pedestrian collide with each other. Understanding what causes these accidents is the first step to preventing them.
Bicycle-pedestrian accidents can have a number of triggers. For instance, crowded sidewalks and crosswalks can lead to collisions when shared space is limited. Or a pedestrian might step into a bike lane without first checking their surroundings to make sure it’s safe to walk.
Cyclists sometimes make mistakes, too. Some of the most common include forgetting to yield to pedestrians at crosswalks, riding too fast, and not looking ahead before passing through pedestrian areas.
Regardless of the cause, these bicycle accidents can result in severe injuries. Both the cyclist and the pedestrian can suffer head injuries, fractures, and soft tissue damage. In a worst-case scenario, such a mishap could even lead to fatalities.
Establishing Liability
In New York, cyclists and pedestrians both have a responsibility to ensure their own safety and that of others. Bike riders must yield the right-of-way to pedestrians and follow the same traffic signals as motor vehicles. They should use bike lanes when they’re available and avoid riding on the sidewalks.
Pedestrians are required to use designated crosswalks to cross the street. They can also stay safe by remaining alert and aware of their surroundings when walking and avoiding distractions.
It can be tough to determine liability in bicycle accidents that involve pedestrians. Determining who caused the collision often comes down to the specific circumstances. In New York, a concept called comparative negligence applies, meaning the percentage of fault each party is assigned decides how much compensation they can receive.
Legal Options for Injured Cyclists
When a cyclist gets hurt after colliding with a pedestrian, they have several legal options available to them, including the following:
Personal Injury Claims
A cyclist can file a personal injury claim against a pedestrian whose negligence caused their accident to recover the costs of medical expenses, lost wages, and pain and suffering.
No-Fault Insurance
Depending on the circumstances, some bike riders may be covered under their own no-fault insurance policies, allowing them to receive benefits regardless of who caused the accident. In addition, the bike rider may file a claim under the driver’s insurance policy.
While you might think you have a cut-and-dried case and can represent yourself in court, navigating all of these legal angles can be challenging and stressful. It’s important to seek representation from a qualified bicycle accident attorney to effectively pursue your claim and obtain the proper compensation.
Your attorney’s knowledge of cyclist safety and personal injury can make a big difference in the outcome of your case. They’ll know the ins and outs of the law and understand how to get the best possible results for you.
While building your case, your attorney will investigate the accident by interviewing witnesses, gathering evidence, and reconstructing the accident scene to establish liability. They’ll also communicate with insurance companies to ensure that you receive a fair payout. If necessary, they can also fight for your rights in court.
Get Compassionate Assistance After a Bicycle Accident
For more information on legal issues regarding bicycle accidents involving pedestrians, contact The Kohan Law Group.
We proudly serve Suffolk and Nassau County on Long Island, the five boroughs of New York, and Westchester and Rockland Counties.