Were You Injured In An Accident While Riding A Bicycle?
Cars, trucks, buses and other motor vehicles can present particular dangers to people who ride bicycles in Brooklyn, Queens and Bronx. Motorized vehicles tend to by heavier and faster than bicycles. A seeming lack of respect by motorists can cause a bicycle accident, leading to serious personal injury.
Most bicycle riders and motorists do not know that New York State Vehicle and Traffic Law Section 1231, makes traffic laws apply to persons riding bicycles, and grants bicyclist granted all of the rights, and makes them subject to all of the duties applicable to the driver of a motor vehicle. For example, a bicycle rider has to travel with traffic, and even obey traffic control devices such as traffic lights and stop signs. Don’t ride on sidewalks, or night ride without reflectors and lights.
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Where there is a painted roadway lane designated for bicycle riders, motorists have an obligation to recognize and stay out of that lane, to avoid having their car, bus or truck strike or knock down a bicycle rider, potentially leading to serious personal injury. Another danger to bicycle riders is te air pressure from quickly passing truck or large vehicle, which can knock a bicyclist off balance. And be alert to opening car doors. If you are approached or chase by an unleashed dog, keep pedaling away from it.
As pointed out in
New York State’s Driver’s Manual: “Bicyclists, in-line skaters, and operators of non-motorized scooters have the right to share the road and travel in the same direction as motor vehicles. Like pedestrians, these roadway users are often difficult to notice in traffic, and have little protection from a traffic crash.”
SAFETY TIPS AND RULES FOR BIKE RIDERS
If you are under 14 years of age, as of June 1, 1994 the law requires that you must wear an approved bicycle helmet when riding a bicycle. Parents and guardians: you can be held responsible if your child doesn’t wear a bicycle helmet.
Bicycle must have the following equipment:
- A brake which is capable of making the bike tires skid on dry level pavement.
- A bell, horn or other device that can be heard at least a hundred feet away. Sirens and whistles are not permitted.
- If rode at night, a white front headlight and a red or yellow taillight and reflectors, plus either reflective tires or spoke-mounted reflectors – clear or yellow for the front wheel, and clear or red for the rear wheel.
New York State law requires:
- That in case of a bicycle accident where there’s a death or serious personal injury, the accident must be reported Motor Vehicle Department.
- Rider(s) must sit on the bike seat, not the fender or handlebars; keep their feet on the pedals, and never carry more people on the bike than the number for which it was designed.
- Keep one hand on the handlebars at all times.
- Do not ever attach yourself or your bicycle to another vehicle on the roadway.
- Never wear more than one earphone attached to a radio, tape player or other audio device. How often we see riders wearing two earpieces!
Bicycle Safety Tips:
- Wear a helmet. Wear a helmet. Wear a helmet. See my blog post on bicycle helmets.
- Do an equipment check before starting to ride:
*check handlebars
*check brakes
*check wheels
- Even expensive parts can fail; be aware of any recalls for your bicycle or equipment; See my blog about defective front forks that were recalled by the manufacturer.
- Wear reflective clothing.
- If you must ride at night, have reflectors and lights. Check your batteries often.
- Watch for roadway hazards, Potholes or elevation changes or curbs
- Ride on the right side of the road.
- Look out for traffic.
- Don’t bicycle drunk.
SAFETY TIPS AND RULES FOR MOTORISTS
Motorist who don’t do these things can cause a serious bicycle injury accident. If you think that a car, truck or bus has disobeyed these rules, consult with an experienced New York City (Brooklyn, Queens, Bronx) bicycle accident injury attorney or lawyer.
Share the Road.
Drivers must exercise due care to avoid striking bicyclists riding on New York City street – the bicycle and rider have the right to be there.
Marked street bike lanes are for use by bicycle riders. New York City can issue and summons with fine for motor vehicle drivers standing, driving or parking in a marked bicycle lane.
Don’t open your car, bus or truck door without turning your head and looking for bicyclists, skaters and scooter operators who maybe alongside or approaching. Only using your mirrors is not good enough.
See my blog about an opened car door leading to a bicyclist’s death.
Keep a safe distance from a bicycle in motion. Riders may have to swerve unexpectedly to avoid road conditions that you can’t see. Do not tailgate a bicycle, particularly in bad weather. A car tailgating a bicycle rider can crush him or her between two cars, leading to serious personal injuries, such as a leg
fractures or
amputation, or even wrongful death.
Don’t honk your horn at cyclists unless there is an emergency.
Here are some bicycle accident and injury statistics:
- On average, four times a day a bicycle rider is killed in an accident;
- Every year one million children are hurt in bicycle accidents;
- Half of all bicycle accident deaths occur to children under sixteen years-old;
- Three-quarters of serious personal injuries and deaths from bicycle accidents are due to head and traumatic brain injury;
- Only one-third of accidents are bicycle versus car collisions, yet this kind of accident accounts for most bicycle accident victims’ catastrophic injuries and deaths.
- A bicycle accident can be very scary and the resulting injuries may be extremely painful.
Common New York bicycle accident injuries are:
What to do after a New York (Brooklyn, Queens, Bronx) bicycle accident:
- Get out of the road;
- Photograph the damage to the bicycle and the accident scene – motor vehicle damage and/or roadway hazards;
- Get names and telephone numbers of witnesses.
Who pays your bills if you’re injured in a bicycle accident?
If your bicycle has an accident with a motor vehicle – car, truck or bus – you may be entitled to receive New York State No-Fault insurance benefits. The motor vehicle’s insurance may pay your hospital and medical bills, and your lost wages. For more information download my FREE special report on
New York’s No-Fault law.
If no motor vehicle was involved, you may be able to use private health insurance.
If you work on your bicycle, you may be entitled to receive
Worker’s Compensation insurance benefits.
And even if you did not collide with a motor vehicle and weren’t working at the time of your bicycle accident, if you suffered personal injury and are unable work, you may be entitled to receive short-term disability benefits. In extreme cases, you may be eligible for Social Security Disability benefits and even receive Medicare, if you’re not able to work for an extended period of time.
It is imperative that you consult an experienced New York (Bronx, Brooklyn, Queens) personal injury lawyer to guide you in obtaining benefits to which you are legally entitled.
You may also be entitled to recover money damages in a bicycle injury lawsuit.
For your serious personal injury, you need serious legal representation from a qualified personal injury attorney. You need the Law Offices of
Gary E. Rosenberg, P.C.!
Contact us for your free, initial consultation.
Law Offices of Gary E. Rosenberg, P.C.
109-01 72nd Road, Suite 1A
Forest Hills, New York 11375
(718) 520-8787
26 Court Street, Suite 404
Brooklyn, New York 11242
Serving: New York City, including the Boroughs of Brooklyn, Queens, Manhattan, Staten Island, and Bronx, and the Counties of Kings, Richmond, Queens, New York, Bronx, Nassau, Suffolk, Westchester, Rockland and Dutchess.