In New York, people often choose to ride bicycles or walk as they are considered economically friendly means of transportation. However, many cyclists fail to adhere to the rules of the road, and clip or crash into pedestrians. If you were struck by a cyclist as a pedestrian, it’s in your best interest to contact an experienced New York City Pedestrian Accident Attorney who can help you navigate your legal options and fight for the justice you deserve.
What Are the Cycling Laws in New York?
First, it’s important to understand that bicycles are considered vehicles under New York law. As such, cyclists are required to follow the same rules and responsibilities as motorists. One of the most important rules cyclists must follow is that they are prohibited from riding on the sidewalk. However, some municipalities have ordinances that allow it. In most cases, cyclists are required to ride on the road or in bike lanes as near to the right roadside as practicable, following the same direction as traffic. Cyclists must use hand signals when turning or stopping, obey traffic signals, stay out of the crosswalk, and yield the right of way to pedestrians.
Similarly to motorists, cyclists owe pedestrians a duty of care by adhering to the rules of the road and exercising caution while riding. If you can prove that they failed to do so by riding in an area they were not supposed to or failed to yield the right of way, you can establish negligence and recover compensation for the damages you’ve endured.
What Are My Legal Options as a Pedestrian Struck By a Cyclist?
Unlike motorists, cyclists typically don’t have any insurance to cover their accidents. However, if the cyclist was working when the accident occurred, it may be possible to take legal action against their employer for compensation. If you were struck by a delivery person, a courier, or another person who was riding their bike as a part of their job, it’s important to get their employer’s contact information. Don’t underestimate the severity of your injuries. Contact emergency services to report the accident and seek immediate medical attention. Having a good record of your medical care is crucial to prove the extent of your injuries, how your recovery progressed, and how much the injury cost you, financially.
Nevertheless, to recover compensation, you may pursue legal action against the cyclist. A skilled attorney can help you establish that the cyclist was negligent in their actions and caused your injuries. To prove negligence you must provide evidence for the following factors:
- The cyclist owed you a duty of care
- The cyclist breached that duty
- That breach caused your injuries
- You suffered damages that can be compensated
If you were the victim of a bicycle accident as a pedestrian in New York, it’s crucial to understand your legal rights and options. At Swerling Law, we are prepared to help you fight for the full and fair compensation to which you are entitled. Connect with our firm today to discuss your case.
