Can You Sue Someone For Hitting You on a Bike?

Can You Sue Someone For Hitting You on a Bike?

If you were hit by a motor vehicle while riding your bicycle, you can absolutely sue someone for hitting you on a bike. An accident with a car or truck while biking can be devastating, leaving you with pain, medical bills, lost work, and questions about what to do next. We understand that this is a difficult time for you and your loved ones. 

It’s important to learn about your legal rights and how seeking compensation for your bicycle accident injuries is possible. We’ll review the steps you should take, discuss the most common types of injuries you may be suffering, and explain how a quality bike accident lawyer can support you through this challenging period.

 

Understanding Your Legal Options After a Bicycle Accident

After a crash, you are probably worried about your health, your recovery, and how you will manage financially. The good news is that, according to New York personal injury law, if another person’s carelessness caused your accident, you typically have the right to seek financial compensation. 

This legal process helps you hold the at-fault driver accountable for the harm they caused and regain some control after such a traumatic event. It provides a path to healing not just physically, but also financially, which can greatly assist your recovery.

When considering your legal options, keep these points in mind:

• Your Right to Compensation: If a driver’s negligence led to your injuries, you have a right to pursue compensation. This is a fundamental principle of NY personal injury law.
• New York is a No-Fault State: This means your initial medical bills and some lost wages may be covered by your own car insurance’s Personal Injury Protection (PIP) benefits, even if you were on a bicycle. However, for serious injuries, you can step outside of the no-fault system and pursue a personal injury lawsuit against the at-fault driver. This allows you to claim compensation for pain, suffering, and other significant losses.
• Seeking Justice: A lawsuit is not just about money; it is also about holding the responsible driver accountable for their actions and preventing similar incidents from happening to others.

Common Causes of Bicycle Accidents Involving Motor Vehicles

Driver inattention is the leading cause of bicycle accidents involving cars. When drivers are not fully focused on the road, they might not see a cyclist, leading to devastating crashes. An experienced bicycle accident law firm can investigate the circumstances of your crash to determine if a driver’s lack of care contributed to your situation.

Traffic reports show a concerning number of bicycle accidents and deaths resulting from crashes. For instance, in one recent year, approximately 1,105 bicyclists lost their lives, and an estimated 46,195 suffered injuries in traffic crashes across the United States. These numbers highlight the very real dangers cyclists face when sharing roads with motor vehicles. 

Here are some common ways drivers contribute to bicycle accidents:

• Distracted Driving: A driver looking at a phone, eating, or tending to passengers is not paying attention to cyclists. 
• Failure to Yield: Drivers often fail to yield the right of way to cyclists at intersections, stop signs, or when making turns. 
• Unsafe Lane Changes or Turns: Drivers might change lanes without checking their blind spots or make right or left turns directly into a cyclist’s path. 
• “Dooring” Accidents: When a driver or passenger opens a car door directly into the path of an oncoming cyclist, the cyclist may crash directly into the door or swerve into traffic.
• Speeding: When a vehicle is moving too fast, the driver has less time to react to a cyclist. Higher speeds also greatly increase the severity of injuries if a collision occurs.
• Impaired Driving: Drivers operating a vehicle under the influence of alcohol or drugs have reduced reaction times and poor judgment, making them a significant danger to cyclists.
• Poor Visibility: Sometimes drivers truly do not see cyclists, especially in low-light conditions or if a cyclist is not wearing reflective gear. However, drivers have a responsibility to scan the road for all users. Blind spots in larger vehicles like SUVs and trucks can also make cyclists hard to see.
• Aggressive Driving: Some drivers become impatient with cyclists and may tailgate, honk excessively, or pass too closely, putting the cyclist at great risk.

What Kind of Injuries Can Happen in Bike Accidents?

Being hit by a motor vehicle while on a bicycle can result in very serious injuries because the cyclist has little protection against the force of a collision with a heavy, fast-moving vehicle. These injuries can range from painful scrapes and bruises to life-altering conditions, often requiring extensive medical care and long-term rehabilitation.

Many victims face prolonged recovery periods, multiple surgeries, and the challenge of managing chronic pain. The physical and emotional toll can be immense, affecting every aspect of a person’s life, including their ability to work, enjoy hobbies, and spend time with family. If someone else’s negligence caused your injuries, you can seek compensation for a variety of financial losses.

Common injuries suffered by bicycle accident victims include:

• Head Injuries: These are among the most concerning and can include concussions, skull fractures, and traumatic brain injuries (TBIs). Head injuries can lead to long-term issues with memory, thinking, and even personality changes. 
• Spinal Cord Injuries: Any damage to the spine can have devastating effects, potentially leading to partial or complete paralysis below the injury site. These injuries often require complex surgeries and years of physical therapy.
• Broken Bones and Fractures: It is very common for cyclists to suffer broken bones, especially in the arms, legs, collarbones, wrists, hands, hips, pelvis, and ankles. The force of impact or the way a person falls can cause multiple fractures. 
• Soft Tissue Injuries: These involve damage to muscles, ligaments, and tendons, such as sprains, strains, and severe contusions. While not always as visibly dramatic as broken bones, they can cause significant pain and limit movement for a long time.
• Facial Trauma and Dental Injuries: When a cyclist’s face hits the vehicle or the pavement, it can result in broken noses, jaws, teeth, cheekbones, and eye injuries. 
• Internal Injuries: The sudden, violent motion of a collision can cause internal bleeding or damage to organs, which might not be immediately apparent but can be life-threatening if left untreated.
• Road Rash: This is a common injury where skin is scraped away due to friction with the road surface. While often superficial, severe road rash can cause deep wounds, infections, and permanent scarring.

Establishing Fault: Who Was Responsible for Your Accident?

Determining who caused the accident is called establishing “liability.” It means identifying which party’s carelessness or violation of traffic rules directly led to the collision. This is not always straightforward, accidents can be complex, and sometimes more than one party might share some responsibility.

Proving fault requires careful collection of evidence and a clear understanding of traffic laws to build a compelling case that shows how the other driver’s actions – or inaction – created the dangerous situation that led to your injuries.

Here are the key considerations for establishing who was at fault:

• Driver Negligence: Negligence means the driver did not act with the reasonable care that a prudent person would under similar circumstances. Examples include distracted driving, speeding, failing to yield, or running a red light.
• Traffic Laws and Right of Way: Traffic laws dictate who has the right of way in various situations. When a driver violates these laws and causes a crash, they are usually found at fault. 
• Evidence Collection:
  1. Police Report: This document contains initial findings about the accident, including diagrams, statements, and sometimes, an officer’s opinion on who violated traffic laws.
  2. Witness Statements: People who saw the accident happen can provide valuable accounts of what occurred, supporting your version of events.
  3. Photos and Videos: Pictures of the accident scene, vehicle damage, your bicycle, and your injuries can provide concrete evidence of how the collision occurred and its severity.
  4. Traffic Camera Footage: Many intersections and city areas have cameras that might have captured the accident, offering clear visual proof.
  5. Medical Records: Your medical records document your injuries and the treatment you received, linking them directly to the accident.

The Statute of Limitations: How Long Do You Have to Sue Someone For Hitting You on a Bicycle?

After a bicycle accident, there is a legal filing deadline, known as the “statute of limitations,” that dictates how long you have to file a lawsuit. Missing this deadline can mean losing your right to seek compensation forever, regardless of how strong your case might be. 

After being injured in a bicycle accident, you must understand this timeframe to protect your ability to recover damages. In New York, these specific timeframes apply:

• General Personal Injury Claims: You typically have three years from the date of the bicycle accident to file a personal injury lawsuit in New York. This three-year clock starts ticking on the exact day your accident happened, not when you discovered your injuries or began receiving medical care.
• Claims Against a Government Entity: If the driver who hit you was operating a government vehicle, or if poor road conditions maintained by a city, county, or state agency contributed to your accident, the rules are different and much shorter.
  • You generally must file a “Notice of Claim” within 90 days of the accident. This is a formal notification to the government entity that you intend to sue them.
  • After filing the notice, you usually have one year and 90 days from the date of the accident to file the actual lawsuit.
• Minors: If the bicycle accident victim was under the age of 18 at the time of the collision, the three-year statute of limitations typically does not begin until they turn 18. This means they have until their 21st birthday to file a personal injury lawsuit. 
• Exceptions Can Exist: While the deadlines are strict, some very specific circumstances might “toll” or pause the statute of limitations. Consult with an experienced lawyer to learn more about possible exceptions.

It is always best to contact a reputable law firm quickly. Even if you think you have plenty of time, delaying can make it harder to gather evidence and can weaken your case. The sooner you speak with a lawyer who understands these time limits, the better you can protect your rights.

Why You Need a Lawyer for Your Bike Accident Claim

Dealing with the aftermath of a bicycle accident is incredibly challenging. You are likely recovering from physical injuries, managing medical appointments, and possibly facing financial stress from lost wages. On top of all this, the thought of trying to understand complex legal procedures or dealing with insurance companies can feel like too much. This is where having a dedicated bicycle accident attorney becomes incredibly valuable.

A legal team that understands bicycle accident law can provide the support and representation you need, taking on the burden of the legal process, and allowing you to focus on your recovery. 

Here are key ways a skilled lawyer can help:

• Understanding Your Rights: A legal professional knows the specific laws that apply to bicycle accidents in New York, including your rights as a cyclist and how to deal with no-fault insurance rules. They can explain your options clearly.
• Collecting and Preserving Evidence: Gathering all necessary evidence is crucial for a strong case. This involves obtaining police reports, witness statements, medical records, and other documentation. A legal professional has the experience and resources to do this thoroughly and correctly.
• Negotiating with Insurance Companies: Insurance companies often try to settle claims for the lowest possible amount. They may offer a quick settlement that does not fully cover your long-term needs. A tenacious lawyer will fight with the insurance adjusters on your behalf, protect you from unfair tactics, and negotiate vigorously for a fair settlement.
• Calculating Full Damages: It can be difficult to calculate the true value of your claim, including future medical costs, lost earning potential, and the full extent of your pain and suffering. A knowledgeable legal team can work with medical and financial experts to accurately assess all your losses.
• Representing You in Court: If a fair settlement cannot be reached through negotiation, your case may need to go to court. Having a legal professional who is ready to represent you in litigation is important. They will present your case, argue on your behalf, and work to secure a favorable verdict.

If you or someone you care about has been hurt in a bike accident due to a driver’s carelessness, understanding your rights and options is the first powerful step. At Hach & Rose, LLP, we believe in providing compassionate and straightforward guidance to those who are suffering. 

Frequently Asked Questions After Being Hit on a Bike

What if I am found to be partly responsible for my bicycle accident? 

New York operates under a system called “pure comparative negligence.” This means that even if you share some responsibility for the accident, you are still able to recover compensation for your injuries. However, the amount of compensation you receive will be reduced by your percentage of fault. 

How long does a bicycle accident claim typically take to resolve? 

The length of time it takes to settle a bicycle accident claim can vary greatly. Some straightforward cases might resolve in a few months, especially if liability is clear and injuries are not severe. However, more complex cases, those with extensive injuries requiring long-term medical care, or situations where fault is disputed, can take a year or longer to reach a resolution. The process involves investigation, evidence gathering, negotiations with insurance companies, and potentially litigation if a fair settlement cannot be reached outside of court.

What are my options if the driver who hit me does not have insurance or leaves the scene of the accident? 

Being involved in a hit-and-run accident or an accident with an uninsured driver can be very distressing, but you still have potential avenues for compensation. If you have your own automobile insurance, your Uninsured Motorist (UM) or Underinsured Motorist (UIM) coverage may apply, covering your medical expenses and other damages. If you do not have personal auto insurance or if your claim is denied, you may be able to seek benefits through the Motor Vehicle Accident Indemnification Corporation (MVAIC), a New York State organization designed to provide compensation to accident victims in such situations. Timely reporting to the police is crucial in these cases.

Will my bicycle accident case definitely go to trial? 

While the possibility of a trial exists, the vast majority of personal injury cases, including bicycle accident claims, are resolved through settlements outside of court. Insurance companies and legal professionals often prefer to reach a settlement to avoid the time, expense, and uncertainty of a trial. 

To discuss your situation and learn how the dedicated bicycle accident lawyers at Hach & Rose can help you pursue the compensation you deserve, please call (212) 779-0057 or fill out our online contact form for a free and confidential case review. Don’t wait to protect your rights, call today.