Bicycle Accident Lawyer Located in NYC
Bicycling has always been a popular recreational activity, however, it also a means for people to commute to work or make deliveries in New York. Although bicyclists are required to ride safely and obey all applicable traffic laws, motor vehicle drivers must share the road with bicyclists and exercise reasonable care not to injure others. Nonetheless, bicyclists are injured in accidents every day. If you or a loved one has been injured in a bicycle accident, you may be entitled to bring a lawsuit for compensation.
Since 1985, Scaffidi & Associates has fought for the rights of injured bicyclists. Over our many years of practice, our NYC personal injury lawyer has handled cases arising from a variety of reckless or negligent driver actions, including:
- Distracted driving
- Failure to yield while turning left
- Abrupt right turns
- Drifting into a bike lane
- Backing up
- Pulling out into traffic
- Running a stop sign or traffic light
- Opening a car door
At the same time, we have also seen cases in which bicycle accidents were caused by hazardous road conditions, such as cracks, potholes, and other defects that throw bicyclists and cause serious injuries. In these cases, a personal injury claim can be brought against the municipality, such as a department of public works, that is responsible for maintaining the roads.
Common Bicycle Accident Injuries
Bicyclist can sustain serious injuries in a collision, including:
- Lacerations and severe bruising
- Broken bones and fractures
- Jaw and facial injuries
- Neck and spine injuries
- Nerve damage
- Traumatic Brain Injuries
Bicycle Helmet Requirements in New York
In New York State, all bicyclists under the age of 14 must wear safety bicycle helmets when they are operators or passengers on a bicycle. At the same time, local ordinances in some communities mandate helmet use for all bicyclists. Rockland and Erie counties, for example, require all bicycle riders, regardless of age, to wear helmets while riding on county property.
Moreover, helmets must fit securely on the top of the head and not be able to slide back and forth or rock from side to side. While helmets cannot prevent all injuries, and concussions may still occur, helmets can prevent skull fractures and minimize the risk of brain injuries.
Determining Negligence in a Bicycle Accident
Bicyclists are required to follow the same local and state traffic laws as motorists, and exercise reasonable care not to cause injuries. Bicyclists must obey all stop signs and traffic lights, and are not permitted to ride on sidewalks. Bicyclists must also ride on a designated bike path or lane if one is provided, or with the direction of traffic, close to the curb, when there is no bike lane.
In order to have a valid claim, an injured bicyclist must be able to demonstrate that the driver violated his or her duty of care not to injure others. If the driver is cited for a traffic violation at the time of the accident, this is known as “negligence per se.” On the other hand, contributory negligence can be assessed against a bicyclist who fails to exercise reasonable care. In the end, drivers must always exercise proper caution and avoid hitting cyclists, however, proving negligence requires the skills of an experienced personal injury attorney.
New York Bicycle Accident Attorney
Scaffidi & Associates has decades of experience successfully pursuing bicycle accident claims. Our personal injury attorneys bring to bear a wealth of legal knowledge and superior negotiating skills. We routinely conduct extensive accident investigations that involve reviewing police reports, identifying and interviewing witnesses, and when needed, working with accident reconstruction specialists to establish the driver’s liability.
Because these claims involve dealing with an insurance company, we engage in intricate and detailed negotiations to obtain the full value of a claim. If an insurer refuses to make a fair and reasonable offer, we are fully prepared to litigate the matter in court. In the event that the accident was caused by a road defect, we will pursue a claim against the responsible government agency. Similarly, if the accident was caused by a defect in the bicycle, we can pursue a product liability suit against the manufacturer or distributor. Regardless of the cause, we have the skills and resources that are necessary for pursuing successful injury claims.
We believe that no one should suffer because of the negligence of others, and we are dedicated to keeping the roads safe for bicyclists. We are keenly aware that being injured in a bicycle accident can be an overwhelming experience, as well as a heavy emotional and financial burden. Our experienced legal team is here to lift those burdens and stand by you on the road to recovery. If you or a loved one has been injured in a bicycle accident, call our office today for a free consultation or complete the contact form on our website.