Long Island Bicycle Accident FAQs
With warmer weather just around the corner and an extensive network of over 200 miles of bike paths across Long Island, more and more bicycle enthusiasts are going to head outside to ride. Within this network of bicycle paths, cyclists can choose between New York State and local Long Island bike paths and state park off-road paths. The New York State Department of Transportation has designated five on-street New York State bicycle routes on Long Island. Many of the 112 municipalities in Nassau and Suffolk counties have sign-posted or mapped bike routes including East Hampton, Garden City, Hempstead, and Riverhead. For bikers looking for off-road adventure, the state parks across Long Island, including Bethpage State Park and Jones Beach State Park, have multi-use trails that are open to cyclists.
Helping Victims of Bicycle Accidents on Long Island
Riding is great exercise, an enjoyable pastime, and for many cyclists in New York, their daily transportation. Unfortunately accidents do involve cyclists looking to enjoy the roads safely. It’s important to know what to do in the event of a bicycle accident, and even more so when injuries are involved. The aftermath of an accident can be a confusing time when you are healing from injuries ranging from head and brain trauma to broken bones to road rash and bruising. That’s why it’s so important to consult with an experienced personal injury attorney who will fight to get you the compensation you deserve and who has experience handling similar accidents.
For over two decades, the experienced Long Island personal injury lawyers at Rosenberg & Gluck, L.L.P., have helped bicyclists who’ve been injured in accidents by careless drivers to recover bicycle accident compensation for their injuries. Our attorneys successfully appealed a case involving a bicycle accident injury that has changed the laws in New York and removed a barrier to recovering damages for bicycling accidents. The New York appellate court ruled in our favor and rejected the argument that cyclists assume the risk of injury by being on the road. Contact our team of Long Island bicycle accident lawyers for a free consultation to determine if you have a case at (631) 451-7900.
What happens if a car hits a bicycle?
When a car hits a bicycle, the cyclist may be severely injured or even killed while the driver of the motor vehicle is relatively unharmed. According to the National Highway Traffic Safety Administration (NHTSA), in these types of accidents, there were 857 bicyclists killed in collisions with vehicles in 2018. That constitutes a 6% increase from the previous year’s total number of fatalities for bike accidents.
Cyclists involved in accidents with a car in New York may also suffer serious injury including some of these most common bicycle accident injuries:
- Head and brain trauma including skull fractures, concussions, and traumatic brain injury
- Injury to the spinal cord
- Bone fractures to the lower body including damage to the bones in the foot, ankles, hips, knees, and pelvis
- Strains, sprains and dislocations
- Injury to internal organs
- Skin and soft tissue damage including road rash, bruising, lacerations, and contusions
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What do you do after a bicycle accident?
The first thing you should do if you’re hit while on a bicycle on Long Island, and if you’re able to, is to call 911. Stay on the scene until police and medical personnel arrive. Accept whatever medical attention is offered to you as some of the injuries from these types of accidents may not be visible right away. If the paramedic recommends taking you to the ER to be checked out, let them take you. Ignoring this advice could likely put your health at risk.
Cooperate with the police, and make sure a report is filed. Get the officer’s name, and what station or precinct they work out of, so that you can later follow up and obtain a copy of your police report.
Do your best to get photos of your bicycle, the other vehicle or vehicles, as well as any injuries and property damage. Try to take pictures of the scene and surrounding area where the bicycle accident occured. Exchange information with the driver and identify and get contact information from as many eye-witnesses as you can. Make sure the police receive this information too, as some eye-witnesses may leave the scene before the police arrive.
Remember to try not to discuss the accident with anyone other than the police and do not admit fault. Something said to the driver in the heat of the moment could jeopardize your case with the insurance companies, as well as negatively impact the damages you may receive in a court of law.
Contact an aggressive bicycle accident lawyer at Rosenberg & Gluck, L.L.P., as soon as possible. We will advise you on your case and help fight for full and fair compensation for your bicycle injuries.
How do I claim insurance after a bike accident?
Insurance companies employ teams of lawyers. For the average person, navigating the intricacies in a bike injury case in New York can be tricky. That’s why it’s so important to consult with an experienced bike accident lawyer at Rosenberg & Gluck, L.L.P., in the event of an injury caused by someone else’s carelessness. We are ready to help you maximize your damages and ensure you get full and fair compensation for your injuries.
Be careful about settling with an insurance company without the benefit of experienced counsel. Agreeing on bike accident compensation without the help of an attorney may hamper your ability to seek more appropriate damages in the future should the extent of your injuries prove to be more severe and your medical bills to be higher than you first suspected. Once that door is closed, it may be very difficult, if not impossible, to pry it open.
How can a cyclist claim against a car?
If you’re involved in a collision with a car while cycling, your claim requires proving the fault of the other party. Assigning negligence and proving fault for accidents is a challenging legal task that requires the help of a knowledgeable Long Island personal injury lawyer. At times like these, it’s important to get the assistance of an experienced attorney who will help maximize the damages in your case. At Rosenberg & Gluck, L.L.P., our lawyers can help determine fault by taking depositions, as well as collecting and preserving evidence from the accident. They can also subpoena witnesses, find and procure traffic and other CCTV footage from the scene, as well as help to determine the financial losses of your claim. These financial burdens can include your current medical bills and property damage, in addition to those you might suffer in the future. These future expenses may include pain and suffering as well as the possible loss of future income.
Does my car insurance cover me on a bicycle?
If you have a New York Supplemental Underinsured Motorist policy, also referred to as SUM or UM, you can make a claim against your own SUM policy if it is larger than the policy of the automobile that hit you. For example, if the motor vehicle coverage is a 25/50 policy, you will only be able to claim $25,000 in damages from this policy. If your own SUM policy is $100,000, you now have an additional $75,000 of coverage from your own auto policy that can be awarded in damages in your case once you secure the $25,000 from the liable party.
In addition, because of New York’s no-fault laws, every auto insurance policy must provide a mandatory minimum in personal injury protection (this is usually referred to as PIP) of $50,000. This coverage is called “no-fault.” The New York no-fault laws apply to drivers, pedestrians, bicyclists, and passengers involved in an accident. In order to qualify for no-fault benefits in New York, you must prove the following:
- The motor vehicle involved in the collision must be a truck, car, taxi, or another automobile that is registered and covered by the no-fault law. Motorcycles are not automatically included in the coverage.
- The automobile must be insured by a New York policy.
- The injured party is the passenger, driver, pedestrian, or cyclist involved in the accident
Does home insurance cover bicycle accidents?
In some cases, a liable party may have excess New York homeowner’s or renter’s liability policy, also known as an umbrella policy, that may cover a bicycle accident. If a party is found to be responsible for the crash and injures another party, their liability policy may cover the hiring of a lawyer and payment of the claim. If you’ve been injured while cycling, and want to find out whether this is applicable to your case, consult the experienced bicycle accident attorneys at Rosenberg & Gluck, L.L.P. to discuss the specifics of your accident.
Can you insure a bicycle?
You certainly can insure your bicycle. In some cases, theft or damage to your bike could be covered under your normal homeowner’s or renter’s insurance policy. If you take your bike on longer trips, use it for commuting to and from work, or have expensive, high-end equipment, you may consider looking for an additional bike policy. Asking your insurance agent is a good first step to make sure you’re covered for loss and damages. Though these policies cover your bike, they may not necessarily cover any injuries you sustain from being hit by a motorist or other rider. To determine whether your bicycle insurance will help cover your accident, talk to the experienced lawyers at Rosenberg & Gluck, L.L.P. We will fight to get you the maximum bicycle accident compensation and the settlement you deserve.
Who is at fault if a car hits a bicycle?
Sharing the road is a two-way street and it is possible for the fault of an accident to be on the side of the car, the cyclist, or shared between the two. When a motorist is at fault in a car-bike accident, in many cases it can come down to the driver of the car being distracted. Drivers checking their phone, texting, fiddling with the radio, trying to enter information into a GPS, eating, and talking are all examples of distracting activities that put nearby bicycle riders at greater risk.
In addition, to driving while distracted, these are some common causes of accidents where the driver of the car would be at fault for hitting a cyclist while breaking a traffic law:
- Weaving through traffic
- Failing to give a wide berth to a cyclist and clipping them with a wing mirror
- Failing to check their mirrors or indicate a lane change or turn
- Running stop signs or stop lights
- Driving while impared or fatigued
Compound these dangerous driving behaviors with the lack of protection that’s afforded to bicyclists and the results can be catastrophic.
To determine the cause and liability in an accident often takes the help of a qualified bike accident lawyer. In these cases, a qualified attorney can amass the necessary resources to properly investigate the cause of the accident, and help to determine with whom the liability belongs and help maximize the damages and settlement in your case.
Who is liable if a cyclist hits a car?
While the severity of damage that can occur if a cyclist hits a stationary car can be less severe than the other way around, that doesn’t give the cyclist a free pass in the case of an accident. Bicyclists are still required and expected to follow the same traffic laws as other vehicles on the road. So if a bicyclist violates the rules of the road, and thereby causes an accident, the cyclist can be found to be at fault.
Since New York is a comparative negligence state, it is possible that a cyclist who broke a traffic law and is found partially at fault for a collision could still receive compensation for their injuries. Speak to an experienced Long Island personal injury attorney to determine if you are still eligible for financial recovery even if you broke a traffic law while cycling.
How much should I settle for after getting hit by a car on my bicycle?
If you are injured by a car while riding your bicycle on Long Island, contact an experienced New York personal injury lawyer to help you determine what you are likely to recover. Settlement amounts can vary a lot and depend on the circumstances of the bike crash, the at fault parties, the results of any investigations, and the severity of the injuries received by the cyclist.
Your attorney will consider these factors when assessing your case:
- Your medical expenses
- Your possible future medical bills
- Lost wages
- Pain and suffering
- Your loss of enjoyment of life
Contact the experienced personal injury lawyers at Rosenberg & Gluck, L.L.P., for a free consultation. We will strive to maximize your bicycle accident compensation and settlement with aggressive litigation.
Should I consult a Long Island personal injury lawyer if I’ve been hit by a car while riding my bike?
Yes, if you have been hurt by a car while riding your bike, the aggressive Long Island personal injury attorneys at Rosenberg & Gluck, L.L.P., are ready to help fight for the bicycle accident compensation you deserve. We will help determine what settlement you are likely to receive. We handle all types of cases from car-bicycle accidents involving:
- Injuries suffered from accidents with a motor vehicle
- Injuries from being struck by the wing mirror of a car that got too close to the bike line
- Injuries sustained from dooring, where a parked car opens the door in a bike lane
- Injuries received when a cyclist is forced to brake hard and is thrown over the handlebars
- Injuries suffered from accidents with other cyclists caused by a motor vehicle
If you or someone you know has been hit and injured while riding a bike, call us at (631) 451-7900 for a free consultation to discuss the details of your bike crash. Our aggressive personal injury attorneys are ready to fight for your right to get the bicycle accident compensation and settlement you deserve.