As a pedestrian, getting hit by a biker can result in serious injuries, equal in severity to a car accident. If you are struck by a bike you have several legal rights and options to pursue justice and compensation for your associated injuries and expenses. Work with an experienced Rockland County bicycle accident lawyer to learn more. Contact Mitchell J. Schroeder, P.C. to request a free consultation today.
What Are New York’s Biking Laws?
Under New York law, bicycles are considered vehicles. They must abide by many of the same rules and regulations as cars and other motor vehicles. According to the law that means that bike riders must:
- Stay out of the crosswalk and sidewalk
- Ride on the road or in bike lanes
- Use hand signals when turning or stopping
- Stop at all red lights and stop signs
- Yield the right of way to pedestrians
- Obey traffic signals
- Follow the rules of the road
When bikers do not follow these laws they may cause an accident and injure a pedestrian or other biker.
What Can I Do if I Get Hit By a Biker?
If you were hit by a biker and sustained injuries you have many of the same rights as if you had been hit by a car. You can pursue legal action by filing an insurance claim or lawsuit. After being struck by the bike, consider calling 911. You may need medical attention as soon as possible so contacting the police is sometimes necessary.
Bikers do not generally carry insurance the way that drivers do but if they have auto insurance it may be able to cover your injuries. An accident attorney can help you file a claim and provide evidence of your damages.
Otherwise, you can sue the bicyclist. With the help of a skilled lawyer, you can establish that the biker was negligent in their actions and caused your injuries. To prove negligence you must provide evidence of the following four factors.
- The biker owed you a duty of care
- The biker breached that duty of care
- The breach of duty directly caused the accident
- You sustained damages that can be compensated
Bicyclists owe all pedestrians a duty of care to follow the laws of the road and exercise caution when riding. If you can prove that they failed to do so by riding in an area they are not supposed to, not stopping at a stop sign, failing to yield the right of way, etc. you can establish negligence and be awarded compensation for your damages.
If you were the victim of a bicycle accident it is crucial that you understand your legal rights and options. Reach out to a skilled attorney for more information and to begin building your case today.
