Can I Sue If I Was Hit by a Bike as a Pedestrian in New York City?
Not every pedestrian accident in New York City involves a collision between a motor vehicle and a person. Collisions between cyclists and pedestrians are on the rise. Just as with a motor vehicle collision, you can sue the cyclist who hit you, but it is sometimes more complicated.
Cyclists must obey all of the rules of the road, but many flout these regulations. Since 2011, more than 2,250 pedestrians have been injured by cyclists in the city, and at least seven have died. While pedestrians must also follow the rules of the road, it is still possible to pursue a personal injury lawsuit.
The New York City pedestrian accident lawyers at Douglas and London will hold the cyclist accountable and help you receive the compensation you deserve for your injuries. Our clients have received more than $18 billion in verdicts and settlements.
New York Traffic Laws
New York City traffic laws require bicyclists to stop and yield the right-of-way to pedestrians in crosswalks. They must obey all signs and traffic lights. If a bike lane is available, they must use it.
Many pedestrian/cyclist collisions occur in city parks, where hundreds of miles of bike lanes were added in recent years. Those cycling in parks may go even faster than on other city streets, making the results of a collision even more dangerous.
Pedestrian Injuries
Cyclists zip around the city at relatively high rates of speed. When a bicycle collides with a pedestrian, the latter’s injuries may prove serious. Because such collisions usually involve the pedestrian falling on pavement, head injuries and fractures are common. Although relatively rare, some pedestrians have succumbed to injuries after getting hit by a bike. Other injuries may include:
- Spinal cord trauma
- Lacerations
- Internal organ damage
- Road rash
What to Do After a Pedestrian Accident
If a cyclist hits you, call 911 and report the collision. Seek immediate medical attention, even if you do not think you were severely injured. Many serious injuries are not apparent right away, and failing to go to the emergency room or an urgent care center can harm your health and your claim.
Get the cyclist’s name, address, and contact information. Take photos of the accident scene, including the bicycle, and your injuries. If there were eyewitnesses to the collision, obtain their names, and contact information.
Insurance Issues
Motorists are required to have car insurance, but that is not the case with cyclists. They may carry insurance protecting them if they are hit by a car, but these policies may not include liability coverage if they hit a pedestrian.
New York City personal injury lawyers will investigate whether the cyclist has a homeowner’s or rental insurance policy covering such collisions. If they do not, the lawsuit can target the cyclist’s personal assets. Whether or not a lawsuit makes sense in this situation depends on whether they have any significant assets.
The investigation will also determine whether the bicycle had any defects at the time of the collision. For example, if the brakes or gears failed, the manufacturer or dealer may share liability.
Pedestrian Accident Damages
Damages, or compensation, in a pedestrian accident may include:
- Medical expenses, present, and future
- Rehabilitation costs
- Lost wages
- Future lost income
- Loss of earning capacity
- Pain and suffering
If the pedestrian dies from their injuries, family members may file a wrongful death lawsuit within two years of the death date.
Contact a New York City Pedestrian Accident Lawyer
If you were seriously injured in a pedestrian accident caused by a negligent or reckless cyclist, you need the services of an experienced personal injury lawyer at Douglas & London. Fill out our online form to schedule a free consultation, or call or text us 24/7. Our track record of assisting injured victims is second to none. After reviewing your claim, we will discuss your options. Since our dedicated lawyers work on a contingency basis, you pay nothing unless we win your case. Hablamos Español.
