Who Is at Fault If a Car Hits a Bicycle in NYC?

Suffering injuries in a bicycle accident can upend your life instantly. When a car driver hits a cyclist, determining fault in a bicycle-car collision can be challenging. Working with a New York City bike accident attorney at a powerhouse firm like Finz & Finz, P.C., can help determine whether you qualify for compensation and your legal options.

Understanding Fault in Bicycle-Car Accidents

In New York City, determining fault in bicycle-car accidents involves carefully examining the circumstances surrounding the collision. New York employs the principle of comparative negligence, which means both parties can share responsibility for the accident. This approach allows cyclists to seek compensation even if they were partially at fault, as long as they were not entirely responsible for the incident.

Under this system, the amount of compensation a cyclist can receive may be reduced by their percentage of fault. For example, if a bike is hit by a car and the cyclist is found to be 20 percent at fault for a collision, their potential compensation would be reduced by 20 percent.

Factors Affecting How Fault Is Determined

Several factors come into play when determining fault in a bicycle-car collision:

Police report – Information from an official crash report can assist in determining who could be held liable for the accident.
Road conditions – Poor road maintenance or inadequate signage and bike lane markings may contribute to the accident and influence the determination of liability.
Traffic laws and regulations – A traffic violation by either party can significantly influence the fault determination.
Witness statements – Accounts from bystanders or other drivers can provide crucial insights into the moments leading up to the accident.
Expert witness testimony – In some cases, it might be necessary to consult technical specialists who can recreate the accident and testify about who was to blame for it.

Legal Rights and Options for Cyclists Hit by Cars

Cyclists injured in collisions with cars have several legal options to pursue compensation:

No-fault benefits – In New York, cyclists can access no-fault benefits through the driver’s insurance, regardless of who was at fault.
Liability insurance claims – A claim filed with the at-fault driver’s insurance company can cover medical expenses, lost wages, pain, suffering, property damage, and other losses.
Personal injury lawsuit – If insurance claims do not provide adequate compensation, cyclists may file a lawsuit against the responsible party.

There are time limits for filing personal injury cases in New York. Our bicycle accident attorneys can help you meet critical deadlines and strengthen your claim. Each situation is unique, and seeking professional legal guidance is crucial to protect your interests and secure the compensation you deserve.

Contact Our New York City Bicycle Accident Lawyers for a Free Consultation

When facing the pain of bicycle accident-related losses, having a highly experienced attorney can improve your prospects of recovering the compensation you deserve. At Finz & Finz, P.C., we have secured over $1 billion in verdicts and settlements for our clients, demonstrating our commitment to excellent results. Let us fight for you today.