Carroll Gardens has a mix of streets that are equipped with dedicated bike lanes and streets that leave bikers at the mercy of other drivers on the road. Accidents often happen when cyclists are forced to share the road without separate, protected bike lanes, and these crashes can leave riders with serious injuries.
If you were hit by a car while riding your bike, our attorneys have your back. We help you get coverage and take your case against the at-fault driver, potentially getting all of your damages covered through their insurance. If we need to, however, we can take your case to court for full damages, including pain and suffering.
Call the bicycle accident lawyers at The Carrion Law Firm today at (718) 841-0083 for a free case assessment.
Common Causes of Bicycle Accidents in Carroll Gardens
Bike accidents are caused by many of the same things that cause other auto accidents: inattentive drivers, distracted drivers, tired drivers, drunk drivers, speeding, other traffic violations, and more. However, there are a few noteworthy issues our bicycle accident lawyers always look into for injured cyclists.
The biggest issue, by far, is road safety. Many of the roads in Carroll Gardens do have bike lanes, with lined-off lanes for cyclists to use, separate from drivers. However, many of these lanes do have places near the corners and intersections where drivers can invade the bike lane to make right turns, basically making these lanes useless at keeping drivers out of the bike lane. Cyclists must use bike lanes when available, otherwise, they share the road with drivers; cyclists cannot legally use the sidewalk in most cases.
Additionally, many of these lanes simply are not safe enough for cyclists. Most of them are set up so that there is a parking lane next to the curb, then the bike lane, then the lane for drivers. This stops people from parking in the bike lane, which would make the lane unusable, but delivery vehicles and cars picking up passengers double park in bike lanes all the time, putting cyclists at risk.
A final note on these bike lanes is that many of them are not physically separated from lanes of traffic. This means that drivers might swerve out of their lanes and into cyclists. When cities design better bike lanes with dedicated space and concrete barriers, cyclists are safer.
Another bike-specific issue is “dooring” accidents. When drivers parked alongside the bike lane open their doors, they often do not look at who might be coming up behind them. Drivers who smack you with their door can cause you to crash or else swerve into traffic. Either way, the accident is their fault in most cases.
Suing for Bike Accidents in Carroll Gardens
New York’s rules for car insurance often prevent lawsuits. This might sound strange since cyclists do not need car insurance, but these rules still extend to cyclists because the law forces a driver’s no-fault insurance to cover any pedestrians or cyclists they might hit.
Under no-fault rules, every driver’s insurance covers their own injuries and any injuries to people in their cars without the need to prove fault. These policies also cover cyclists and pedestrians they hit. The trade-off, however, is that their insurance does not allow a claim for pain and suffering unless certain thresholds are met. If you suffered “serious injuries,” which are defined to include any permanent injuries or broken bones, then you can sue or file an insurance claim against the driver’s liability insurance as well.
The driver’s no-fault insurance should cover you regardless of who was at fault, and it should cover up to $50,000 (at least) for your injuries, plus certain lost wage damages. However, it does not pay pain and suffering. This can be claimed through their liability insurance, along with the rest of the lost wages and any other expenses (e.g., the cost of replacing your bicycle or other damaged property). However, these policies still have limits.
If the insurance carrier refuses to pay or you have extensive damages that are not covered by insurance, we can also file a lawsuit if you meet the serious injury threshold. As long as you do not “settle” with insurance, giving up your right to additional damages, our lawyers can sue instead and have the court force the defendant to pay for your full damages. Because some of the damages are coming from no-fault insurance and some from the driver/their liability insurance, it might be confusing what constitutes a “settlement,” so always review any papers or documents with your lawyer and do not sign them or accept money without consulting an attorney first.
Are Drivers Always at Fault for Bicycle Accidents in Carroll Gardens?
Most bicycle accidents involve a rider who was doing everything they were supposed to be doing and a driver who did not care enough for the cyclist’s safety to make sure they were doing everything they were supposed to do. These accidents often involve drivers who completely failed to check blind spots, who swerved directly into cyclists, or who hit bicycle riders while driving drunk. In these cases, the driver is quite squarely at fault, and they can usually be held responsible for 100% of the damages. However, there are some cases where fault is not so clear.
Sometimes, bike riders are not perfect and may have committed a traffic violation or other mistake of their own. For example, if you were riding on a sidewalk and crossing the street in a crosswalk, that is usually illegal. A violation like that could hurt your case, as could failing to signal – something casual bike riders might not think about. In any case, the law in New York does not block your ability to sue, even when you are partially at fault for a crash.
So long as the driver who hit you was factually at fault for the accident, you can hold them liable for their fair share of damages. If you were something like 5% or 10% at fault, you would lose out on that share of the damages in your case, and the defendant would pay for the remaining 90% or 95%. However, there is no cap, technically allowing cyclists who were 99% at fault to sue drivers for the 1% of damages they caused.
Call Our Bicycle Accident Lawyers in Carroll Gardens Today
Call the bicycle accident lawyers at The Carrion Law Firm at (718) 841-0083 to discuss your potential case in a free review.