Throughout New York State, there are many locations where bicyclists and motorists share roadways. Whether in bike lanes along roadways or on bike paths that intersect with local highways, these areas put bike riders and motorists in close contact with one another.
Unfortunately, in these areas, and others where cyclists and motorists travel together, car-bicycle accidents do occur.
Car-bicycle accidents can be especially devastating because of cyclists’ lack of protection. Often, collisions with vehicles leave bicyclists severely injured. In these cases, cyclists may choose to pursue compensation for the pain, suffering, lost wages and medical bills they have endured as a result of the accident.
One question that is often asked in this scenario is: Who pays for the medical bills and the pain and suffering of the cyclist?
Compensation for Injured Bicyclists After a Car-Bicycle Accident
How you will be compensated for your injuries and damages after a car-bicycle accident may be contingent on who was at fault for the accident. If either party involved in the accident failed to exercise a duty of reasonable care – in other words, acted in a negligent way that put others in danger – they can be found legally liable for the accident.
When the driver is at fault
When the motor vehicle driver was at fault, perhaps due to the driver’s indifference to cyclists or failure to properly share the road, who provides compensation to the biker?
The good news is, if you’re an injured cyclist, and you have a New York automobile insurance policy, your no-fault policy will cover the first $50,000 worth of medical expenses and lost earnings.
If you have a serious injury, however, or your medical expenses and lost earnings are greater than $50,000, then you can recover from the driver, through the driver’s own automobile insurance policy.
But due to the potential catastrophic nature of bike-on-automobile accidents, it is possible that the driver won’t carry enough insurance to make you whole. This is why we recommend that all cyclists carry supplemental under-insured motorist (SUM) coverage. That way, you will be covered.
When the driver and bicyclist are both at fault
If you as a cyclist are partially to blame for the accident, you may still be entitled to compensation. In scenarios where more than one party contributed to cause the accident, the concept of comparative negligence comes into play.
Comparative negligence is essentially the divvying up of the responsibility for the accident. In other words, responsibility for the car-bicycle accident will be allocated between the parties that contributed to it, with the percentages of liability adding up to 100%. If the two parties are equally to blame, each will be allocated 50% of the fault. If the driver is found to be 75% responsible for the accident, the bicyclist will be allotted 25% of the liability.
Even if you are partially at fault for the accident that left you seriously injured, you should still be covered by your automobile no-fault policy and/or the driver’s car insurance.
How to Pursue Compensation After You’ve Been Injured in a Car-Bicycle Accident
If you’ve been seriously injured in a car-bicycle collision that you believe was caused, in whole or in part, by the negligence of another party or individual, you may be entitled to compensation.
As a result, it’s in your best interest to contact an experienced personal injury attorney as soon as possible following the accident.
Let Us Help You Obtain the Compensation You Deserve
Navigating this complex insurance system is not easy. That’s why, if you are injured in a bicycling accident, you should seek the help of an experienced lawyer.
At Maynard, O’Connor, Smith & Catalinotto, we have years of experience helping bicyclists who have been seriously injured in car accidents get the compensation they are entitled to. Our team has the knowledge, experience, and resources necessary to represent you successfully.
If you’ve been injured in a car-bicycle accident in the Albany, Johnstown, Saugerties, Amsterdam, Catskill, Gloversville, Hudson or Capital District regions, give us a call at (800) 721-3553 or contact us online for a free consultation and case review.
We’ll help you identify whether you have a case. Then, you can focus on getting whole, while we advocate for you and ensure you get the compensation you deserve. Contact us today!
Editor’s Note: This content was originally published in 2013 but has been updated as of July 2018.
