Throughout New York State, people use bicycles for transportation, exercise, and recreation. Unfortunately, bicycles offer little protection from common road hazards, so when an accident occurs, the resulting injuries can be catastrophic.
Most New York bicycle accidents can be attributed to one or more of the following factors:
- Motorists that fail to share the road, forcing cyclists to collide with another vehicle
- Failing to yield the right-of-way to a cyclist at an intersection
- Turning into the path of oncoming cyclists
- Overtaking a cyclist and miscalculating the distance needed to pass safely
- Opening a car door into a cyclistâ€™s path
- Environmental factors such as rain, snow, and poor visibility created by either one
- Defective path and road conditions
When a collision with a motor vehicle is involved, the odds of a cyclist being severely hurt are high. Head trauma, spinal injuries, broken bones, severe cuts, and nerve damage are frequent outcomes that require ongoing and expensive medical treatment. If the victim is too injured to work, then the financial consequences of the accident intensify. Call 718-329-9500 if you were injured in a bicycle accident to reach the law offices of Jayson Lutzky, P.C. for a free in-office consultation. Mr. Lutzky offers free home and hospital visits in the case of serious injury. Visit www.MyNewYorkCityLawyer.com to learn more about how we can help you.
The no-fault law
Under New Yorkâ€™s No-Fault Law, cyclists are regarded as pedestrians and entitled to No-Fault coverage, which reimburses for medical expenses and even 80% of lost wages to a maximum of $2,000 a month.
New York requires all vehicles to have at least $50,000 in No-Fault insurance benefits.Â Any cyclist injured in an accident must submit a No-Fault application with the motoristâ€™s insurance company within 30 days, or the claim may be rejected.
While a No-Fault payout can help with expenses, it is capped at $50,000. This may suffice for minor accidents, but if a cyclist has been severely and/or permanently injured, then $50,000 can be consumed quickly by treatment costs. In this instance, the victim can also file a lawsuit against the driver who caused the accident to recover additional damages.
What is covered by compensation?
Injured cyclists can seek compensation for losses they incurred as the result of the accident. This includes:
- Medical and rehabilitative treatments
- Hospital stays
- Pain and suffering
- Lost wages
If the cyclist was killed, then his or her survivors can pursue a wrongful death claim and seek compensation for funeral and burial costs, emotional suffering, and any lost income or benefits.
To prove the extent of their losses, an injured cyclist or their heirs should hire a New York personal injury attorney with a background in bicycle accidents and wrongful death cases. They will help their clients collect the information necessary to support the amount that they are suing for and build a case against the motorist, and by extension, his or her insurance company, and even third parties who may have directly or indirectly caused the incident. Experienced legal counsel is the best way of getting the money needed to recover from a bicycle accident physically, mentally and emotionally.