Pedestrian Accidents Involving Bicycles: Legal Considerations

If you’ve been in a pedestrian accident involving a bicycle, you might feel overwhelmed and unsure of what to do next. These accidents can be complex, leaving many victims with questions about their legal rights and how to seek compensation. You’re not alone in this situation. We understand the emotional and physical impact such incidents can have. At The Nicotra Law Firm, we’re here to guide you through the legal process with care and dedication, ensuring you get the support you need for a successful outcome.

Understanding Pedestrian Accidents Involving Bicycles

Pedestrian accidents involving bicycles occur when a cyclist hits a pedestrian. Despite being smaller than motor vehicles, bicycles can cause serious injuries due to their speed. These accidents often happen on sidewalks, crosswalks, or in bike lanes, where pedestrians and cyclists share space. Determining fault is crucial, whether the cyclist was negligent, speeding, or breaking traffic laws.

Injuries from these accidents can be severe, including broken bones and head trauma. Pedestrians often have the right of way, but cyclists must also follow road rules and maintain a safe speed. Understanding the roles of both parties and the legal aspects is essential for securing justice after an accident.

How Fault is Determined in Pedestrian Bicycle Accidents

Determining fault is a key factor in pedestrian accidents involving bicycles. In New York, both pedestrians and cyclists must exercise care on the road. Cyclists must obey traffic signs and signals, while pedestrians should cross at designated crosswalks. If a cyclist fails to follow these rules and hits a pedestrian, they may be liable for the injuries. Sometimes, both parties share responsibility. For instance, if a pedestrian crosses outside a crosswalk, they may be partially at fault. In such cases, comparative negligence applies. Even if the pedestrian is partly responsible, they may still be entitled to compensation, though it could be reduced based on their level of fault.

Richard Nicotra

Founding Partner

Andrew Connelly

Managing Partner

Emily Oczytko

Associate Attorney

The Role of Insurance in Bicycle Pedestrian Accidents

After a pedestrian accident involving a bicycle, covering medical expenses and lost wages is often a concern. If the cyclist is at fault, their insurance policy may come into play. If they have personal injury protection or belong to a cycling organization, it might help cover medical costs. However, not all cyclists have insurance, complicating the claims process. If the cyclist lacks insurance, the injured pedestrian may need to rely on their health insurance or file a claim through their car insurance, depending on the circumstances. That’s why documenting the accident is vital. Obtaining the cyclist’s information and witness statements will be crucial for receiving proper compensation for your injuries.

Seeking Compensation After a Pedestrian Bicycle Accident

If you’re injured in a pedestrian bicycle accident, you can seek compensation for various damages. These include medical bills, rehabilitation costs, lost wages, and pain and suffering. The severity of your injury will influence the compensation amount. Having a strong legal case is essential for a favorable outcome. In some cases, if the cyclist acted recklessly, punitive damages may be awarded. These damages punish the wrongdoer and deter others from similar actions. Understanding the types of damages you can claim will influence the legal strategy your attorney uses to pursue your case.

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Richard Nicotra represented my husband for a motorcycle case. His professionalism and empathy during the case was exceptional. The professionalism Displayed by the firm and staff was truly appreciated.. I highly recommend Richard and his practice for any of your needs.”

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I used Andrew Connelly after I was in a car accident, and he has been my go-to for over 10 years when anyone has asked for a recommendation for a no-fault attorney. His knowledge, patience, and professionalism go a long way in making an often difficult and challenging situation easier. He is reliable, and someone you can trust to get the job done right. The 5 stars are well deserved."

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Rick Nicotra from the Nicotra Law Firm PC is a very honest, knowledgeable, and genuinely caring attorney. Furthermore, he is very personable and always available for you whether it be a text, email, or phone call. Rick and his team are exceptional. They treat you like family and are second to none. I would recommend Rick Nicotra and his team from The Nicotra Law Firm PC."

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The Importance of Legal Representation

After a pedestrian bicycle accident, having the right legal representation is crucial. A skilled attorney can help you navigate the complex legal process and deal with insurance companies. They ensure all necessary evidence is gathered and can advise you on whether to settle or go to trial. An attorney will evaluate the accident’s details to determine if the cyclist was negligent. With an experienced advocate on your side, you increase your chances of receiving fair compensation and justice for the harm you’ve suffered.

Gathering Evidence in Pedestrian Bicycle Accident Cases

Gathering evidence is crucial for a strong case in a pedestrian bicycle accident. The more evidence you collect, the better your chances of success. Document everything right after the accident. Memories fade, and physical evidence can vanish. Start by taking photos of the scene. Include damage to the bicycle, your injuries, and the area where it happened. Also, capture any relevant road signs or traffic signals. If there are witnesses, get their contact information. Their statements can be vital for your case.

If the cyclist followed traffic laws, like stopping at a stop sign or using a bike lane, it can determine fault. Conversely, if the cyclist was speeding or ran a red light, this strengthens your case for compensation. Look for nearby security cameras. Footage from businesses or homes may show the incident. Acting quickly to gather all evidence is essential for a strong case.

What to Do Immediately After a Pedestrian Bicycle Accident

If a bicycle strikes you while walking, take immediate steps to protect your rights and build your case. First, seek medical attention, even for minor injuries. Some injuries, like concussions, may not be obvious. A full medical evaluation is crucial for your health and your case. Keep copies of all medical records, doctor’s notes, and prescriptions. These documents will be important to prove your injuries.

After receiving medical care, collect as much information as you can. Get the cyclist’s name, contact info, and insurance details. If there are witnesses, ask for their names and contact information too. If you’re unable to do this due to your injuries, don’t worry. Your lawyer can help gather this information. It’s important not to admit fault or apologize for the incident, even if you feel partly responsible. The law allows for shared fault, but any admission could be used against you later. Focus on reporting the facts of the accident. Leave the legal determination of fault to the authorities and your attorney.

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New York Pedestrian Laws and Bicycle Accidents

In New York, pedestrians have legal rights that protect them in accidents. According to the New York State Vehicle and Traffic Law, pedestrians have the right of way at crosswalks and intersections. Cyclists must yield to pedestrians in these areas. If they fail to do so, they may face legal consequences.

Cyclists in New York must follow the same traffic rules as drivers. This includes obeying traffic signals, stopping at stop signs, and using bike lanes. If a cyclist violates these rules and causes an accident, they can be held responsible for injuries. The law allows personal injury claims against those found negligent, reckless, or intentionally harmful. While pedestrians have many protections, seeking compensation can be complicated, especially in bicycle cases. That’s why having an attorney familiar with New York pedestrian laws is essential. They can ensure all legal requirements are met and help you recover the compensation you deserve.

How Comparative Negligence Affects Pedestrian Bicycle Accident Claims

New York uses a comparative negligence rule for personal injury claims. If both parties share fault for the accident, compensation can be awarded but will be reduced based on each party’s percentage of fault. For example, if a pedestrian is walking outside a crosswalk and a cyclist is speeding, both may share responsibility.

If you’re found partially at fault in a pedestrian bicycle accident, your compensation will be reduced by your percentage

To learn more about this subject click here: Rideshare Accidents Involving Pedestrians: Legal Considerations in New York