Huntington Bicycle Accident Lawyer
While safety experts recommend that bicyclists wear helmets and abide by New York traffic laws, unfortunately, accidents still happen.
If a careless motorist causes you an injury while you are riding on the road, a Huntington bicycle accident lawyer could fight for you in court so that you are compensated for your medical bills, lost wages, and the non-economic damages you may incur.
Bicycling Laws in Huntington
New York allows bicyclists to share the road with motor vehicles, and the state enforces the same traffic laws to promote safety for everyone. A police officer may ticket a bicyclist just as they would a motorist for violating traffic rules. Local jurisdictions may also impose additional requirements. Huntington bicyclists are expected to:
- Travel with the flow of traffic, not against it
- Use bicycle lanes where available
- Stay off interstate highways and expressways
- Wear certified helmets if under 14 years of age
- Use a special safety seat for child passengers between the ages of one and four
- State law prohibits children younger than one year old from riding as passengers
- Wear only one earphone when using an audio device
- Obey all traffic signals and signs
Bicyclists who are partly to blame for an accident can still recover monetary damages from a negligent motorist, although their compensation may be reduced by their percentage of fault. Consult a Huntington bicycle accident attorney to discuss the unique circumstances of an individual case.
How Could a Plaintiff Prove a Motorist Was Negligent?
Most bicycle accident lawsuits arise from the civil tort of negligence and involve motor vehicle collisions with bicyclists that cause personal injury and property damage. To prove negligence, the injured bicyclist must establish four elements in court: the motorist owed a duty of care to the bicyclist, the duty required the motorist to operate the vehicle safely to avoid causing harm, the motorist breached that duty through negligent conduct, and the breach directly caused the bicyclist’s injuries.
Family members also have the option to bring a wrongful death lawsuit if a reckless driver kills the bicyclist. Beyond economic damages, a seriously injured plaintiff may seek compensation for pain and suffering, future loss of earnings, and loss of enjoyment of life. A Huntington attorney specializing in auto and bicycle accidents could assess the situation and help determine the best course of action.
What are the Pure Comparative Negligence Laws?
New York law recognizes that more than one person may cause an accident, including an injured bicyclist who may have violated a state traffic law. Even when a bicyclist suffers severe injuries, the law still permits monetary recovery, even if the bicyclist bears partial or primary fault.
Under New York’s pure comparative negligence rule, the court reduces the damage award by the bicyclist’s percentage of fault. For example, if a bicyclist bears 20 percent of the fault after riding against traffic, a speeding motorist would remain responsible for paying 80 percent of the total damages the court awards.
Negligent Design or Manufacture
In some instances, a defective bicycle may be the cause of a cyclist’s injury. Product liability is a form of negligence under New York law. A person may file a lawsuit when negligent design or manufacturing causes a bicycle defect, such as a faulty bolt system that allows a wheel to detach at certain speeds.
A manufacturer also has a duty to warn consumers about any risks associated with its product. If a defective bicycle caused the accident, a Huntington injury attorney may review the circumstances and explain your legal options.
A Huntington Bicycle Accident Attorney is Available to Help
State law requires bicyclists to file a bicycle accident lawsuit, like any other personal injury or negligence claim, within three years of the accident. If you believe you have a case, it could be advantageous to contact your Huntington bicycle accident lawyer as soon as possible after the accident, while the evidence is fresh.
A dedicated bike wreck attorney can review your medical examinations, the reports filed by the police investigating the accident, and any other evidence available from the scene, such as photos and videos. Schedule a consultation today.
