In a bicycle vs car accident, the liable party depends on who was negligent according to New York traffic laws. It’s also worth noting that fault can be shared between both the driver and the cyclist per the state’s comparative negligence rules.
The good news is that you don’t have to try to determine liability on your own. Instead, reach out to a Brooklyn personal injury lawyer for insight into who’s at fault and how to proceed. Your attorney can protect you from blame-shifting and identify who is legally responsible.
Why Liability Is Not Always Obvious After a Bike Crash
Many people assume liability in a bicycle vs car accident is automatic. Either the driver is at fault, or the cyclist should be blamed. However, in all actuality, New York liability law is more nuanced, and fault depends on specific actions taken in the moments leading up to the crash.
Traffic signals, lane position, vehicle speed, overall visibility, and right-of-way rules are all considered when determining who’s at fault. Liability is determined by negligence, not by who was hurt the worst. That’s why drivers who cause serious injuries often deny fault immediately.
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The Significance of Bicycles Being Categorized as Vehicles Under New York Law
An important fact in any bicycle accident case is that New York law treats bicycles as vehicles. Under New York Vehicle and Traffic Law § 1231, cyclists have the same rights and are held to the same standards as drivers who are operating motor vehicles.
On the one hand, this means cyclists are legally entitled to the road just like drivers in cars. On the other hand, this also means that drivers must respect cyclists as lawful road users, not obstacles or afterthoughts.
When Drivers Are Commonly Found at Fault
Drivers are frequently found liable in bicycle vs. car accidents when they violate basic traffic rules or fail to exercise reasonable care. These are examples of behaviors that can cause drivers to be found liable for the incident:
- Failing to yield while turning
- Speeding in areas with bike lanes
- Driving while distracted
- Opening a car door into a cyclist’s path
- Passing too closely
According to New York’s due care law under VTL § 1146-a, drivers are required to take reasonable steps to avoid hitting cyclists. When this duty is violated, drivers are more likely to be found responsible for the accident.
Instances When Cyclists Are Accused of Contributing to the Crash
Insurance companies often claim cyclists were partially at fault for the following actions that theoretically caused the collisions:
- Riding too fast near vehicles
- Failing to make themselves visible enough
- Choosing not to wear adequate reflective gear
- Riding closer to traffic than was safe
New York follows a pure comparative negligence system under CPLR § 1411, meaning fault can be shared among more than one party. That said, even if a cyclist is found partially responsible for the crash, they can recover compensation, albeit reduced by their percentage of fault.
Multiple Parties Can Share Liability in a Bicycle vs Car Accident Case
Not every bicycle vs car accident is a simple case of “the driver hit the cyclist.” In many situations, the person behind the wheel is not the only one who’s found liable for the crash. Depending on how the crash happened, multiple individuals might share legal liability.
One of your attorney’s responsibilities will be to identify all of the potentially at-fault parties and narrow down who is responsible from there. For example, let’s say the driver responsible for the collision was working at the time of the crash.
In that case, their employer could also be legally responsible. This often applies in cases involving the following:
- Delivery drivers
- Rideshare operators
- Utility company vehicles
- Other commercial drivers who are on the clock
This is due to a legal concept known as vicarious liability, which states that employers can be held accountable for negligent actions their employees commit while performing job-related duties. In these cases, the company’s commercial insurance policy might come into play.
The primary takeaway is that liability in a bicycle vs car accident case is not always limited to one person. When unsafe conditions, defective equipment, negligent policies, or job-related driving contribute to a crash, responsibility is often shared among multiple parties.
It’s important to hire a lawyer who will explore all potentially liable parties because doing so can expand the insurance coverage available to you. This can also improve your ability to recover compensation for medical bills, lost income, and care needs, as well as pain and suffering.
Call Now to Speak With Brooklyn Personal Injury Attorneys Who Can Figure Out Who’s Liable in a Bicycle vs Car Accident
For many injured cyclists, the hardest part of the aftermath of a collision isn’t necessarily their injuries. It’s often the possibility of being blamed for something that they did not cause. Don’t let false accusations intimidate you—instead, contact Chaikin Trial Group Injury Lawyers.
As your attorney, we will work on identifying who is legally responsible for the incident, take measures to preserve evidence, and make sure fault is accurately assigned based on the law. Our law firm is known across New York for being relentless with insurance companies.
We also pride ourselves on being honest with our clients about how liability actually works. With 50 years of combined experience, our attorneys have recovered over $100 million in compensation. Come in as a client, leave as a friend.