New York Bicycle & Pedestrian Accident Attorneys
Bicycle & Pedestrian Accidents on Long Island & the Nearby Areas
New York is one of the most dangerous places in the country for bicyclists and pedestrians. Every year, tens of thousands of people are involved in bicycle-vehicle and pedestrian-vehicle collisions throughout the state, and hundreds are injured or killed by careless and reckless motorists.
If you were injured or if someone you love was tragically killed in a bicycle or pedestrian accident, you deserve justice—and Salenger, Sack, Kimmel & Bavaro, LLP can help. Our New York bicycle and pedestrian accident attorneys have the experience and resources to effectively advocate for you, your rights, and the full recovery you are owed. We are not afraid to go up against powerful insurance companies, and we are willing to try cases whenever necessary.
Who Is Liable for a Bicycle or Pedestrian Accident?
New York is a no-fault state when it comes to auto insurance and accidents. This means that victims of car accidents—including pedestrians and bicyclists who are injured by negligent motorists—can typically recover compensation from their own insurance providers for certain accident-related damages.
Generally speaking, no-fault insurance covers the following losses:
- All “reasonable and necessary” medical expenses related to the accident
- Up to 80 percent of your lost wages, capped at a maximum of $2,000/month, for no more than three years
- Up to $25/day for “reasonable and necessary” out-of-pocket expenses, such as costs associated with in-home assistance, for no more than one year
- A lump-sum death benefit of $2,000, paid to the estate of anyone who dies as a result of a motor vehicle accident
Note that no-fault insurance does not cover non-economic damages, such as pain and suffering or emotional distress. Additionally, no-fault insurance coverage may be insufficient if you were severely injured. This is often the case for bicyclists and pedestrians who are struck by large, heavy, fast-moving vehicles. And, if you do not own a car or do not have auto insurance, you are not covered by no-fault insurance.
It may be necessary to file a third-party personal injury claim against the at-fault driver’s insurance company. You may also be entitled to sue the at-fault driver directly for damages. To go outside the no-fault system, however, you must prove that your injuries meet the state’s “serious injury” threshold.
Injuries that meet the New York “serious injury” threshold include:
- Bone fractures
- Significant disfigurement
- Significant limitations of bodily systems and/or functions
- Permanent impairments of bodily organs and/or members
- Injuries leading to substantial and full disability for at least 90 days
Because so many victims of bicycle and pedestrian accidents suffer catastrophic, life-altering injuries, many are entitled to bring third-party claims against liable parties. Our New York bicycle and pedestrian accident attorneys can review the details of your case and help you understand your rights.
Do Bicyclists & Pedestrians Always Have the Right of Way?
State laws define the rights and responsibilities of motorists, bicyclists, and pedestrians. In New York, bicyclists must obey all of the same rules and traffic laws as drivers of motor vehicles. This includes yielding the right of way to pedestrians and motorists when appropriate, such as at red lights or stop signs.
Similarly, pedestrians also have certain rights and responsibilities. In general, motorists are required by law to do everything possible to avoid collisions with pedestrians. Pedestrians have the right of way whenever they are crossing a roadway in a marked or unmarked crosswalk, and motorists must exercise due care when pedestrians are present.
However, there are certain situations in which pedestrians must yield the right of way to vehicles:
- When attempting to cross a roadway where there is no marked or unmarked crosswalk
- When crossing at an intersection with a red traffic signal or “do not walk” signal
- When leaving a curb, sidewalk, or similar place of safety and suddenly entering a roadway in a manner where oncoming vehicles cannot reasonably yield or avoid a collision
Pedestrians should also use sidewalks when they are present and available. If there is no sidewalk, pedestrians should walk as far as possible on the shoulder of the roadway, facing oncoming traffic.
What to Do After a Bicycle or Pedestrian Accident
The steps to take after a bicycle or pedestrian accident in New York depend on the specifics of the situation. In some cases, you may file a personal injury protection (PIP) claim with your no-fault insurance provider; in others, you may need to go outside the no-fault system and file a third-party claim or lawsuit against the liable party.
In any case, you should always seek medical attention if you were involved in a bicycle or pedestrian accident. If possible, get the name, contact information, and insurance information of the driver involved, as well as the names and contact information of any witnesses who saw what happened. Preserve any evidence you have, such as torn clothing or a damaged bike, and take pictures of the accident scene and your injuries, if possible.
One of the most important things you can do after a bicycle or pedestrian accident is to contact an experienced personal injury attorney, like those at Salenger, Sack, Kimmel & Bavaro, LLP. We strongly recommend that you speak to a lawyer before providing a statement or signing anything the insurance company gives you. Our New York bicycle and pedestrian accident lawyers can review the details of your case and help you seek the maximum compensation you are owed. We are not afraid to push back against the insurance company’s efforts to dispute or deny your claim, and we are even ready to take your case to trial, if necessary.