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 you 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, but the same traffic laws are enforced to keep everyone safe. A police officer could ticket a bicyclist just like a motorist who does not follow the rules. Local jurisdictions may enforce additional laws. 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 children passengers between ages one and four
- Children younger than one are not allowed to be 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 are brought under the civil tort of negligence and involve motor vehicles crashing into bike riders, causing them injury and property damage. For a negligence claim, the injured bicyclist will have to prove four points to the court: The motorist had a duty to the bicyclist. The duty is to drive safely, so no one is injured. The motorist breached that duty by driving negligently. The bicyclist sustained injuries, and the motorist 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, plaintiffs who are seriously injured could recover compensation for their 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 accidents may be caused by more than one person, including the injured bicyclist, who could have violated one of the state’s traffic laws. If the bicyclist is severely injured, the state will still allow monetary recovery, even if the bicyclist is partly or mostly at fault.
This pure comparative negligence law reduces the damage award by the percentage the bicyclist is found to be at fault. For instance, if the bicyclist is deemed 20 percent at fault for an accident, after being ticketed for riding against traffic, the speeding motorist would pay 80 percent of the total that the court awards in damages.
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 lawsuit could be filed because the bicycle was designed or manufactured negligently, for example, a bolt system that causes a wheel to fall off at a certain speed.
A manufacturer also has a duty to warn consumers of any risks associated with the product. Contact a Huntington injury attorney if a bicycle accident is caused by a defective bike.
A Huntington Bicycle Accident Attorney is Available to Help
State law specifies that bicycle accident lawsuits, like any other personal injury or negligence claim, be filed within three years of occurring. 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 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.
