New York Bicycle Accident Frequently Asked Questions

Yes. You can sue the governmental body that was in charge of maintaining the road. That is provided that the accident occurred because of poor maintenance, defective construction, poor signage, etc. It is important to note that you only have 6 months from the time of your accident to initially provide a written notice of your claim to the governmental entity. You will then have to wait 6 months after filing this to allow them to attempt to settle your claim.

No. Bike riders must follow the same rules as motor vehicles, including to adhering to all traffic lights, road signs, and yielding to pedestrians. There are special vehicle code sections just for bicycles.

Under comparative negligence you can still recover, though your recovery will be offset by your degree of fault.

• Negligent drivers;
• Negligent manufacturers;
• The city, county or state that maintains the road;
• Negligent bike repair shop; and
• Owners of public or private property where a dangerous condition exists.

Every case is unique, so the answer will depend on the circumstances of your case. There are certain insurance policies that can provide recovery. Or, perhaps the driver working at the time of the accident. If this is the case, a claim could be filed against their employer. Another possibility is to determine if the negligent party has substantial assets that could provide compensation for your injuries. It is important to speak with a lawyer without delay to ensure your legal rights are protected.

Unfortunately, this is all too common. It is important to report the accident to the police immediately. Record any information you may have such as the color/make of the car or the license number. If the motorist can’t be identified, it is possible that you could make a claim under the uninsured motorist provision of your policy. It is important to not delay. Many insurance policies will require that you report the accident to the police within 24 hours as well as to the insurance company.

• Vehicles making right-hand turns;
• Sideswiping a bicyclist;
• Inattentive drivers;
• Running traffic lights;
• Cars negligently backing out of parking spaces and driveways;
• Drunk driving;
• Driving too fast for road conditions; and
• Failing to yield.