Nothing brings cyclists back out onto the road like the prospect of enjoying the nice spring weather! In recent years, we have seen a proliferation of bicyclists on the road – both those who ride recreationally, as well as those who commute to work. And while the number of automobile-bicycle accidents have declined in recent years, bicyclist fatalities from those crashes are on the rise.
Why? As the popularity of the activity continues to rise, so has the number of new bicyclists that are less familiar with New York State Traffic laws and safe biking practices. In an effort to prevent future car accidents and injuries ranging from “road rash,” fractures, to traumatic brain injuries, and even fatalities, we’ve compiled a quick read-through for cyclists on biking safety.
New York State Traffic Laws Cyclists Must Obey
1. Traffic Law §1146, “Share the Road”
Bikes and cars “share the road,” and both carry legal rights and responsibilities. Pursuant to New York Vehicle & Traffic Law §1146, drivers of vehicles are specifically required to exercise due care to avoid colliding with bicyclists. The mere fact that a collision occurred may suggest that the automobile driver was not operating his or her vehicle in a reasonable manner, was not abiding by traffic regulations, and was not attentive to their surroundings.
2. Traffic Law §1234, Use an Available Bike Lane
Obviously, bicyclists must operate their bikes in a responsible manner as well. The V&T Law also provides that a bicyclist must follow the same rules that apply to motor vehicles – including stopping at red lights and stop signs, yielding the right of way to when necessary to do so, and even speeding. Significantly, pursuant to V&T §1234, a bicyclist must use an available bike lane or, if one is not available, must be “near the right-hand curb or edge of the roadway or upon usable right-hand shoulder in such a manner as to prevent undue interference with the flow of traffic.”
3. Traffic Law §1236, Biking At Night
When riding at night, V&T §1236 requires that all bicyclists utilize a headlamp in the front and a red light in the back of the bicycle.
BICYCLIST TIPS FOR AVOIDING CAR-BICYCLE Accidents
Bicyclists must be aware of concepts of comparative liability, and how their own contributory negligence can affect their rights of recovery.
If you are struck by a vehicle, your recovery may be limited if you contributed to the accident or failed to take steps for your own safety. Under some circumstances, you may be found to be completely responsible for your own accident. Thus, bicyclists should observe some common-sense safety practices to avoid the possibility of a car-bicycle collision:
1. Obey The Rules of the Road
Bicycles are not above stop signs or traffic lights. Just like cars, when on a bike you should always obey all traffic control devices and signals.
2. Never Wear Headphones
If riding near traffic, do not wear headphones, as it will prevent you from hearing approaching traffic.
3. Be Mindful of Vehicle Blind Spots
Be aware that you are much smaller than a car, and can indeed be difficult to see. Do not assume that just because you see a car, that driver sees you as well. As a result, when driving past a car, proceed with extreme caution.
4. Come To A Full Stop
When entering an intersection from a private road or driveway, or driving over a curb, always come to a full stop before entering the roadway.
5. Make Yourself Visible
If you ride at dusk or later in the evening, always wear bright clothes, reflective attire, and headlamps or blinking signals.
6. Always Wear a Helmet
Even if you are only traveling short distances or in familiar areas, wearing a helmet is essential and can protect you from head injuries which are common injuries from car-bike collisions.
7. Carry Your ID with You
We recommend that you always ride with proper identification, as well as information regarding emergency contacts. If you are incapacitated in an accident, that will enable the medical providers to promptly contact your family.
8. Stay Vigilant
Always be alert and attentive to your surroundings.
GET THE HELP YOU NEED WHEN YOU’VE BEEN INJURED IN A CAR/BIKE ACCIDENT
We hope that you take advantage of the many wonderful and scenic roads and trails in the Albany-Johnstown-Saugerties area, and that you always enjoy a safe ride.
In the future, if you or a loved one are injured in a car-bicycle collision, please call the personal injury attorneys at Maynard, O’Connor, Smith & Catalinotto for assistance at (800) 721-3553. With decades of experience in navigating the difficult issues that arise after car accidents, we are a valuable ally and resource for you as you seek to obtain the compensation you deserve.
Interested in learning more about automobile-bicycle accidents and what to do if you’ve been involved in one? Here are some resources to get you started:
Bicycle Car Accidents: Who Pays For Injuries & Lost Earnings? – Learn about who pays for the medical bills and the pain and suffering of a cyclist after an accident.
Understand MVAIC for Those Uninsured & Injured in a Car Accident – What happens if you don’t have no-fault coverage and are injured by the driver of a stolen car, or a driver who is uninsured or a driver who leaves the scene of the accident.
Understanding New York’s Serious Injury Threshold – Find out what constitutes a ‘serious’ or ‘grave’ injury in the state of New York and learn if the injuries you sustained satisfy the NYS serious injury threshold and entitle you to pursue compensation.
Editor’s Note: This content was originally published in 2015 but has been updated as of May 2019.
