What to Do if You Are Hit by a Bicyclist While Walking in NYC
Getting hit by a car can be terrible, but getting hit by a bike can be just as bad. As a pedestrian, drivers and bikers need to look out for your safety, yield to you, and make sure they do not injure you. If they do, you could be entitled to sue them for your injuries.
After getting bit by a bike rider while walking in NYC, make sure to get the biker to stop. Write down their contact information, then call the police and report the accident. Get any medical assistance you need from EMTs or at the hospital, then call a lawyer for help. Treat this as seriously as a car accident.
For a free review of your injury case, call The Carrion Law Firm’s NYC bicycle accident and pedestrian accident lawyers today. Our phone number is (718) 841-0083.
Can You Sue for an Accident Between a Biker and a Pedestrian in NYC?
Getting hit by a bike can lead to injuries that are just as severe – or worse than – the injuries in a car accident. If you were seriously hurt in any sort of accident, it may be worth talking to an attorney and suing to get compensation.
Bicycle riders in NYC have all the same rights and responsibilities as a driver behind the wheel of a car. That means that if they hit someone and they were responsible for the crash, they could be ordered by a court to pay for their injuries.
If the person who hit you while riding their bike also has a car and car insurance, their insurance might be able to cover your injuries. Under certain circumstances, you may be able to file a lawsuit against them if their insurance is too low to cover your injuries. If they did not have insurance, you may be able to sue them.
Since the accident technically involved a vehicle, your own car insurance might also step in. Since New York is a no-fault insurance state, your own car insurance might be able to cover your injuries if you were walking when you were hit by a bike. Talk to our Bronx bike accident lawyers for more details about whether you can file a lawsuit in your particular case.
Determining Fault in a Pedestrian Accident Involving a Cyclist in NYC
In most accident cases involving a bike or a pedestrian, we usually assume that whoever was in the vehicle was at fault. We assume that if a bike or a person on foot was hit by a car, the driver was at fault – and we equally assume that the biker was at fault if they hit a pedestrian. In many cases, this is accurate.
NYC Biking Laws
Many bike riders in NYC ignore traffic laws and place pedestrians at risk. Since NY law considers a bike a vehicle, bikers should technically not ride on sidewalks or in crosswalks. Those areas are reserved for pedestrians, and people on foot are often hit from behind by dangerous bikers on sidewalks. In these kinds of accidents, the biker is usually at fault.
The biker must also stop at red lights, stop at stop signs, signal before turning, follow the speed limit, and follow other traffic rules. Failing to do so will typically put them at fault for any accidents they cause because of their violation.
Lastly, bikers must also follow safe-driving practices. This means keeping their eyes and ears open for potential dangers. Wearing headphones while biking or texting and biking could make it impossible to stop for pedestrians and put the dangerous biker at fault in your accident case.
If you were hit in a bike lane or on the road, the cyclist might try to blame you for the crash. If you were crossing the street legally, the accident should not be considered your fault. Similarly, if the bike path was not clearly marked or was for mixed pedestrian and bike traffic, it is possible that the accident might not be your fault at all.
Pedestrian Fault in a Bike Accident
Cyclists who cause pedestrian accidents also try to blame the victim for things like being drunk or walking with headphones on. In some cases, your own intoxication might have contributed to you being unable to get out of the way of a bike. Similarly, wearing headphones might have made you unable to hear the biker’s horn, bell, or shouts to clear a path. If this is the case, the court might assign you partial fault. However, even with partial fault, you can still recover damages for the portion of your damages caused by the negligent bike rider.
Have one of our NYC bicycle accident attorneys review your case for more information about proving fault in your case.
Damages for Injured Pedestrians in Bike Accident Lawsuits in NYC
If you were hurt in a bike accident as a pedestrian, you should be entitled to claim any damages that you suffered. In an insurance claim, some of these damages might be reduced. If you can file a lawsuit, you could be entitled to claim the full value of medical expenses, lost wages, pain and suffering, and other damages. In many cases of pedestrian injuries, severe head trauma, back injuries, broken bones, and severe facial injuries can entitle you to file a lawsuit, even if New York’s no-fault insurance rules would ordinarily prevent a lawsuit.
Call Our NYC Pedestrian Injury Lawyers for Help with Your Case
If you were hit by a bike while walking in NYC, call the NYC personal injury attorneys at The Carrion Law Firm today. For a free case review, contact us at (718) 841-0083.