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New York offers many opportunities to get out in the fresh air and ride your bicycle. Unfortunately, however, cyclists are highly vulnerable road users who can suffer serious injuries if any motor vehicle hits them.  

If you’ve been in a bicycle accident that left you battling injuries, you have the option of filing a lawsuit against the person who caused the collision. Learn more about what the process is like and what damages you may be able to claim. 

Understanding the Basics: Who Covers Your Injuries?

After a bicycle accident, the vehicle owner’s personal injury protection (PIP) insurance covers your medical expenses. That might be fine if you suffered minor injuries and didn’t sustain other losses, but it may be woefully inadequate if you’re facing a disabling injury.  

If the motor vehicle driver caused the accident and you suffer serious injuries, or if your medical expenses go over $50,000, you can step outside of no-fault laws and file a lawsuit against the at-fault driver. In New York, serious injuries include: 

• Dismemberment 
• Loss of a fetus 
• Death 
• Fractures 
• Significant disfigurement 
• Permanent loss of use of a body organ, system, member, or function  
• Permanent significant loss of use of a body organ, system, member, or function  
• Significant limitation of use of a body function or system 

Even if you were partly at fault for the accident, you can still recover when you step outside of the no-fault system. Your settlement or jury award will be reduced by the percentage of fault you hold. For example, if your settlement is for $75,000 but you were 25% at fault, you would actually receive $56,250.  

Common Causes of New York Bicycle Accidents

Bicycle accidents typically occur because of driver error. Knowing what caused a bicycle accident can make it easier to pinpoint who is liable, which is crucial when filing a lawsuit.  

Intoxicated Driving

Drivers who are under the influence of drugs or alcohol can have a much harder time reacting appropriately to hazards on the road. Their coordination and reflexes are impaired, and they could swerve into the next lane, easily hitting a cyclist.  

Distracted Driving

A driver who’s looking down at their phone, eating, or changing radio stations isn’t paying attention to the road in front of them and to the other people sharing it. In 2021, distracted driving was a contributing factor in one in four personal injury claims in New York.  

Aggressive Driving

Aggressive driving refers to driving without regard for the safety of others on the road. That can include excessive speeding, running red lights, and rapidly changing lanes. All of these behaviors can be very dangerous for cyclists. Someone who’s recklessly changing lanes can knock them over, resulting in catastrophic injuries.  

Road Conditions

Sometimes, the road itself causes the accident. Uneven pavement, potholes, and other similar issues might not affect cars or trucks, but they can easily cause a cyclist to lose control of their bicycle. If road conditions cause the accident, you may be able to hold the entities responsible for road maintenance liable.  

Bicycle Accidents in New York: Available Damages

If you file a lawsuit against the person who caused the accident, you can claim economic and non-economic damages. Economic damages offer compensation for financial losses you suffered as a result of the accident.  

They include medical expenses and lost wages. If your injuries keep you from returning to work in the same capacity or from working at all, you can claim a loss of earning potential.  

Non-economic losses, on the other hand, strive to compensate you for the non-financial losses you’ve suffered. These include loss of enjoyment of life, pain and suffering, and loss of consortium. Loss of consortium applies if a loved one dies or is severely disabled because of the accident. It offers compensation for loss of support and companionship. 

Trust Experienced Bicycle Accident Lawyers

After a bicycle accident in which you experience serious injuries or economic losses, you can file a lawsuit against the person who caused the accident. This isn’t a simple process to go through, however, so you need to have personal injury lawyers with experience by your side.  

At Silberstein, Awad & Miklos, our team of New York bicycle accident lawyers will aggressively negotiate with insurance companies on your behalf. If they’re disputing the claim or not offering fair compensation, we can represent you in court.  

Contact our team to schedule a free consultation with one of our bicycle accident lawyers.