Who’s Liable When a Car Hits a Cyclist?
Bicycle accidents have been on the rise, increasing by 53% since 2013 alone. These aren’t your typical car collisions, where a vehicle might give you more protection. An accident between a driver and a cyclist can often lead to serious long-term injuries that victims may never recover from.
That said, determining liability isn’t always clear. It ultimately depends on how the accident occurred and who was at fault. Learning how fault is determined in New York can help you protect your rights in your case and ensure you get the compensation you’re entitled to.
How Is Liability Determined In A Bicycle Accident?
Legal responsibility is based on negligence. Drivers and cyclists have a duty of care on the road, such as following right-of-way and other traffic sign laws. If you were acting negligently, you may be considered more at fault and be forced to pay more serious damages.
Some evidence that’s used during bicycle accident cases to determine fault includes:
- Police reports
- Witness statements
- Photos or videos
- Medical records
Each case is different, so it’s hard to determine who is at fault. The courts and insurance companies will analyze evidence and make their final decision based on the accident’s details.
When A Driver Might Be Liable
In some scenarios, the driver may be held more responsible for the accident. A few cases where this might happen include:
- Failing to yield to a cyclist
- Distracted driving (phone use, etc.)
- Speeding or reckless driving
- “Dooring” into a cyclist’s path
- Not checking blind spots
- Not giving enough space when passing
When The Cyclist Is At Fault
On the other hand, cyclists can also be responsible in certain situations, including:
- Ignoring traffic signals or signs
- Riding on the wrong side of the road
- Not having proper lighting or visibility gear at night
- Sudden movements
- Not following road rules
Regardless of who’s responsible, following road rules can dramatically decrease your liability in an accident and keep you safe.
How Comparative Negligence Laws Work In New York
New York is one of 12 states that follow a pure comparative system. Under the state’s laws, both parties share fault in proportion to their actions. So if you were caught in an accident and were partially liable, you can recover a portion of your expenses.
Say you were hit by a driver while crossing a major intersection and are suing for $10,000. However, you weren’t fully following traffic laws at the time of the accident. If the court or insurance companies determine you were 30% at fault for what happened, you’ll recieve 70% of the original payout. So, if you’re awarded $10,000, you’d receive $7,000 instead.
Our Lawyers Are Here To Help
Drivers and cyclists have clear responsibilities for their actions on the road. That said, always stay safe, follow traffic laws, and be aware of your surroundings. These small steps can dramatically reduce your risk of a life-threatening collision. Unfortunately, even the most responsible drivers aren’t completely safe. If you suffered an accident and are unsure of who’s at fault, our Long Island accident lawyers are here to help. We’ll hold the negligent party accountable for their actions and build a strong case on your behalf. Please contact us online or at (800) 469-7429 to schedule a free consultation today.