White Plains Bicycle Accident Lawyer
Bike travel is popular in and around New York City, including White Plains. Even when bike riders take safety precautions, negligent drivers might still cause collisions.
Bike accidents or crashes in White Plains often boil down to driver negligence. Distracted driving often leads to accidents because drivers are not paying attention to the road and end up hitting bike riders. In other cases, drivers refuse to share the road with bike riders, and bike riders pay the price for it. Liability often falls to drivers and is based on negligence. To establish negligence, we must show that the driver owed a duty of care and breached that duty. Then, we must show that the accident was the direct cause of the breach, leading to your very real damages. While cyclists might be covered by their own insurance under New York’s no-fault rules, a lawsuit might be necessary to recover additional damages.
If you were hit by a car while riding your bike, our White Plains bicycle accident lawyers can help you get justice. For a free case evaluation, call The Carrion Law Firm at (718) 841-0083.
Common Causes of Bicycle Accidents and Injuries in White Plains
Bike accidents stem from various causes, most of which start with distracted or inattentive drivers. One common cause of bicycle crashes is drivers turning or changing lanes without signaling or checking for bike riders. When a driver makes a turn or begins to change lanes, they have to use their blinkers to signal to other drivers or bike riders behind them what is going on. A failure to signal might cause a crash with a bike rider.
Other times, bike riders are injured in dooring accidents. Often, parking lanes run alongside normal traffic lanes and bike lanes. People entering or exiting vehicles in parking lanes must be mindful of the bike lane. A person exiting their vehicle in the parking lane might throw their door open without checking for bikers, causing a bike rider to hit the door and be seriously hurt.
Distracted driving is a significant cause of bike accidents and many other accidents on the road. Distraction might come from anywhere, including cell phones, the radio, or passengers in the vehicle. In some cases, drivers are not distracted but simply inattentive. They hit bike riders because they cannot be bothered to keep an eye out for them. These accidents are particularly frustrating because they are easily preventable. Talk to our White Plains bike accident attorneys about how your crash happened.
Liability for Bicycle Accident in White Plains
While drivers in cars are often liable for bicycle accidents, the issue is not as simple as it might appear. One driver might be responsible for your crash, but multiple drivers might share liability too. In other cases, the state or city where the accident happened might be responsible because they did not maintain the roads. Our White Plains bicycle accident lawyers can help determine who should be held liable for your injuries.
Drivers are often liable for bike accidents for many of the reasons previously mentioned. Bike lanes tend to ride right alongside normal traffic lanes, and drivers must be careful not to encroach on the space for bike riders. If there is no bike lane on the road, bike riders are permitted to ride in normal traffic lanes, and drivers must give them the same courtesy and respect they would show any other driver on the road.
In some accidents, multiple drivers and vehicles are involved, and figuring out who is and is not liable is trickier. For example, one driver might be completely liable for the accident, and the other drivers might be victims of negligence, just like you. In other cases, the negligence of multiple drivers comes together to create the accident, and each driver should be held liable.
Still, in other cases, an accident happens because the town or city where the accident happened does not properly maintain the roads. For example, suppose you were biking along a road riddled with potholes, and you had to ride around a pothole into a traffic lane. Next, suppose when you rode around the pothole, you swerved into the path of a car and got hit. The city responsible for maintaining the roads should be held liable because its negligence was the direct cause of the crash.
How Insurance Might Affect a White Plains Bicycle Accident
After a car accident, one of the first things people think about is how to file an insurance claim to pay for their damages. Even though you were riding a bicycle at the time of the crash, your car insurance might still help you if you were hit by a car. Generally, as long your accident involved another vehicle, you can file an auto insurance claim even though you were not driving.
New York is a no-fault insurance state, meaning drivers file claims with their personal injury protection (PIP) insurance. Under the no-fault system, people may be compensated through their PIP insurance regardless of who is at fault. You can file a claim for your accident with your PIP insurance if you have auto insurance.
Our White Plains bicycle accident lawyers can help you if you do not have auto insurance or your PIP coverage is insufficient to cover all your damages. PIP insurance typically only covers economic damages like medical bills and property damage. Non-economic damages are excluded, and injured riders must file lawsuits.
Filing a Lawsuit for a Bicycle Accident in White Plains
To make the matter more complicated, you can only sue after filing an insurance claim if your injuries are considered serious enough. Under ISC Law § 5104(a), you can only file a lawsuit if you have a “serious injury.” According to ISC Law § 5102(d), a serious injury includes the following:
- Significant disfigurement
- Broken bones
- Loss of a fetus
- Permanent loss or limitation of a bodily organ, system, or function
- Any non-permanent injury that prevents you from performing substantially all material acts that make up your daily tasks and activities
Remember, the serious injury threshold must be met if you have also filed an insurance claim for your accident. If you are uninsured and did not file an insurance claim, you are not limited when filing a personal injury lawsuit against the negligent driver. Our White Plains bike accident lawyers can help you determine how to file your lawsuit and whether there are any legal roadblocks in your path.
Call Our White Plains Bicycle Accident Lawyers for Help
If you were injured while riding your bike because of a negligent driver, talk to our White Plains bicycle accident lawyers immediately. We can help you hold the driver responsible and get financial compensation for your injuries. Call The Carrion Law Firm at (718) 841-0083 for a free case review.