Partial Fault Bicycle Accident
Were you injured in a partial fault bicycle accident? Watch this educational video for guidance, then give our New York office a call to learn more.
Can I still sue the driver if I was hurt while not properly riding my bicycle or if I was partially at fault in New York?
We often hear from clients, “I was riding my bicycle on the streets of New York… I was going the wrong way on a one way street, and I was struck by a motor vehicle. The motor vehicle operator didn’t see me, and I was knocked off the bike, and I was injured.” The question is, “Do I have a case, even though I wasn’t doing what I was supposed to be doing?”
Under New York Law, it’s important to understand that the operator of a bicycle has an obligation to abide by the rules and laws of the road as a motor vehicle does. If there’s a stop sign and you’re operating a bicycle, you have to stop at the stop sign. If you don’t stop at the stop sign, end up going into the intersection and are struck by a motor vehicle, there’s certainly mitigating circumstances and there’s certainly going to be a defense for your failure to stop at the stop sign as a bicyclist. Does it mean you don’t have a claim? No, you do have a claim, but we would need to show that the operator of the vehicle was at fault— if not completely at fault, partially at fault.
We also were told, in this particular case, by this client that he wasn’t wearing a helmet. Unfortunately, he suffered a head injury, which, right now, appears to be a concussion. He wanted to know if that was going to affect his case, and the answer is yes because you have an obligation to wear a helmet to protect yourself. Does it mean he doesn’t have a case? No, it doesn’t mean he doesn’t have a case. Again, if the operator of the vehicle caused the accident or was at least partially at fault for the accident, you certainly have a claim that you could prosecute against the operator of the vehicle, but it will certainly be a defense relevant to the head injury for your failure to wear a helmet. Arguments can be made that it would mitigate the damages, that it would reduce the damages.
These are things to think about. Give us a call. We would be happy to review the circumstances of your particular case, what happened to you, because every case is different. If we see a case that can be prosecuted, even if there is some fault on your part, we will certainly move forward aggressively to prosecute your case.
Were you or a loved one seriously injured by an automobile while out on a ride and have questions about a partial fault bicycle accident? Contact experienced New York Bicycle Accident Attorney at the Law Offices of Brian J. Elbaum today for a legal consultation to learn what your case is worth.
Like Us on Facebook