Legal Blog of Attorney Lawrence B. Saftler

Bike Riders Beware – Don’t Get Taken For A Ride – Bicycle Accidents and the Law

By lsaftler on June 17, 2010

New York City can be a dangerous place to ride a bike. You must learn to ride smart, wear a helmet, and of course, follow all the traffic rules. Under Traffic Law Section 1231, “Every person riding a bicycle …upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle.” But even if you do follow all the traffic rules, you could still wind up suffering an injury. What do you do then?

First, always wait for the police to respond to the accident scene and take an official report. Your injuries may not appear until later and it is best to have their cause documented with the correct authorities. Make sure the report is accurate, including your information as a cyclist. Get medical attention if necessary. Your injuries should be documented in any type of personal injury matter. Medical records should be generated and photos taken of the scene, the injuries, and your bike.  Do not have your bike repaired until you can prove the impact and manner of the accident, if necessary. The damage to your property is evidence of the  accident caused by an at-fault driver during your accident or if your bike hit a pothole or other defect in the roadway or sidewalk or path.

Next, look to an experienced attorney who can help you determine whether the driver was at fault,  or there is some other type of liability for your accident and whether or not you bear any responsibility for causing your accident. Many times,  it can be some other cause, such as a pothole or defect in the street or sidewalk  or some type of construction. Insurance companies who represent drivers have examiners who are paid to limit their company’s liability. Their job is to make sure you get as little money possible. Do not communicate with an insurance company before consulting with an attorney!

As always, be careful and stay safe. Enjoy the ride – don’t get taken for one.

Posted in Accidents, Automobile, Automotive, Motorcycle & Bike, Personal Injury, Sidewalk & Street | 1 Comment