After a serious bicycle or car accident in Upstate New York, many victims don’t realize they must take certain actions to protect their rights. Although the state of New York has laws to protect cyclists and motorists, insurance companies and lawyers for defendants will use several tactics to try and reduce your settlement. 

However, bicycle accidents differ from car accidents, from the severity of the injuries sustained to the applicable traffic laws and liability concerns. Understanding these distinctions and working with a bicycle accident attorney or auto accident lawyer from Catalano Law can help you navigate the legal landscape, protect your rights, and seek appropriate compensation.

Bicycle vs. Car Accident Cases in New York

Navigating the aftermath of a transportation accident can be challenging, particularly when it involves a bicyclist. In the state of New York, bicycle accidents are often more complex than car accidents. Some key differences include:

• Road rules: Both motorists and bicyclists are subject to the rules of the road, but there are specific rules unique to each. For instance, bicyclists must use bicycle lanes where available and keep to the right of the road. Drivers need to exercise caution and take appropriate precautions to avoid collisions with cyclists.

• Vulnerability to injury: In collisions between cars and bicycles, bicyclists are far more vulnerable to injury. Unlike motor vehicles, bicycles lack a protective structure that can absorb impact and minimize serious injuries. In New York, 50 bicyclists died in 2022. 

• Fault and liability: As with car accidents, fault in bicycle accidents is based on negligence. Bicyclists can be responsible for an accident if they fail to follow traffic laws.

However, given the vulnerability of bicyclists, drivers might be held to a higher duty of care if a driver’s failure to exercise due care results in harm to the bicycle rider. In some cases, the doctrine of pure comparative negligence may apply, where the awarded amount is reduced proportionally to the percentage of fault assigned to each party.

• Visibility and prejudice: Bicycles are smaller and less visible than cars, but there can be bias against bicyclists in determining fault. Some people may incorrectly assume bicyclists are more likely to break traffic laws than drivers.

How are Bicycle and Car Accident Cases Similar in NY?

While there are differences in how bicycle and car accident cases are handled in New York, they also share several similarities. Understanding these can help clarify the processes that apply to both situations.

• Duty of care: Bicyclists, like motor vehicle drivers, must obey all traffic laws. Violating these laws can be used as evidence of negligence in accident cases. This includes rules about signaling turns, yielding the right-of-way at crosswalks, and stopping for red lights and stop signs.

• Doctrine of negligence: In both bicycle and car accident cases, the doctrine of negligence is key in determining who is at fault for the accident. If a party failed to exercise a reasonable level of care while on the road, and this led to the accident, they could be found negligent and, therefore, liable for damages.

• No-fault insurance: New York is a no-fault insurance state, which means that each party’s personal injury protection (PIP) insurance coverage pays for their own medical expenses and lost wages, regardless of who was at fault. Drivers and cyclists are eligible to file no-fault insurance claims.

• Insurance involvement: Regardless of the type of accident, insurance companies play a role. While coverage specifics may differ, filing claims, dealing with insurance adjusters, and negotiating settlements are typical in both cases.

• Serious injury threshold: Bicycle riders and drivers can file a personal injury lawsuit if they meet the “serious injury” threshold. To meet this threshold, there must have been dismemberment, significant disfigurement, fracture, or permanent or severe limitation of a body part.

• Damages from injury claims: Both bicycle and car accident victims can recover damages for their injuries. Compensation includes excess medical expenses, lost wages, and pain and suffering.

How a Catalano Law Attorney Can Help

Whether you’re a bicyclist or a motorist, having legal representation can be beneficial in navigating the complexities of the law, especially if serious injuries are involved. An attorney can help investigate the accident, gather evidence, handle negotiations with insurance companies, and if necessary, represent your interests in court.

Accident claims can become contentious and complicated. You need an aggressive and experienced advocate to fight for your rights, and who knows how insurance companies avoid paying what’s fair.  Our legal team is committed to standing up for accident victims who were injured due to someone else’s negligence.

Contact Catalano Law for a free case review.