You can sue if you were partially at fault for a bicycle accident in New York; however, the amount of money you can recover depends on how much fault you share. New York’s comparative negligence laws reduce financial compensation according to your percentage of shared liability.
Because of the structure of comparative negligence rules, you need to minimize your amount of shared fault. A Long Island bicycle accident lawyer can present evidence and argue persuasively to reduce your liability and maximize compensation.
What are Comparative Negligence Laws?
Normally, in bicycle accident lawsuits, the negligent party is responsible for paying for the victim’s injuries and associated losses. However, negligence in bicycle accidents is sometimes a two-way street. For example, the cyclist may have run a stop sign right before a speeding driver struck them.
Comparative negligence laws determine who pays for what in injury cases where the offender and the injury victim share fault. Under comparative negligence, the victim’s compensation is reduced according to their percentage of fault.
For example, if your total losses from a bicycle accident were $100,000 and you are judged 30% at fault, any final award would be $70,000 ($100,000 – 30%). You can still recover compensation, but it’s less than you would receive if you were completely blameless.
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New York is a Pure Comparative Negligence State
Most states that use comparative negligence systems have a fault threshold—normally 50% or 51%—after which the victim cannot recover compensation. New York, however, is a pure comparative negligence state with no fault thresholds.
That means you can sue if you were partially at fault for a bicycle accident in New York, no matter how much blame you share. You could be 99% responsible for your injuries and still file a lawsuit for the remaining 1% of your losses.
How is Shared Fault Determined in Bicycle Accident Cases?
Determining shared fault and liability in a bicycle accident claim involves performing an in-depth investigation to determine the causal elements that contributed to the accident.
Evidence that could be relevant to making a determination includes:
- Photographs of the accident aftermath
- CCTV or dashcam video footage
- Physical evidence present at the scene
- Eyewitness testimony and accounts
- Accident reconstruction data
- Expert testimony
Evidence is weighed on a case-by-case basis, and the insurance company or court will make a decision after assessing the entirety of the circumstances.
Challenges Cyclists Face
Bicycle accidents present unique challenges when trying to determine comparative negligence. Because they are small, bicycles leave relatively little physical evidence at accident scenes. Bicycle claims usually involve large sums of money due to extreme injuries, so they will receive a high level of scrutiny.
Additionally, many people are biased against cyclists and pre-judge them as risk-takers or irresponsible. It can be difficult to overcome these perceptions and ensure you are judged impartially, especially in the context of jury trials.
Lastly, the dynamics of bicycle accidents involve countless factors, including the road conditions, weather, light, tire friction, and more. The dynamical complexity of bicycle accidents can make it hard to accurately identify contributing causal factors and trace them to the liable party.
Strategies for Avoiding Judgments of Shared Negligence
The structure of comparative negligence laws in New York means it’s important to minimize judgments of shared fault in bicycle accident cases. Insurance companies, in particular, will be looking for any reason to shift blame and avoid paying the full amount of money you demand.
Below are some strategies you can use to avoid judgments of shared fault and recover as much compensation as possible:
- Find an experienced lawyer. Before anything else, you should find an attorney. A Long Island personal injury lawyer can start building your case early and gathering the evidence necessary to prove your lack of culpability.
- Document everything thoroughly. When it comes to bicycle accident cases, the more evidence, the better. You need sufficient evidence to establish your lack of fault and counterclaims of shared negligence by the opposing party.
- Get your story straight. Your story should have no holes and match the gathered evidence. Your lawyer can help you practice your testimony to avoid ambiguities and phrases that could imply a tacit admission of fault.
- Don’t talk about your case. You should not discuss your case with anyone except your attorney, and they should handle the majority of communications with insurance companies. This includes avoiding making social media posts about the accident or your condition.
Contact a Bicycle Accident Lawyer in Long Island
Bicycle accidents can cause immense injuries, so victims need to be able to recover as much financial compensation as possible. The good news is that the team from Chaikin Trial Group Injury Lawyers can help you sue if you were partially at fault for a bicycle accident in New York.
Our attorneys have over 50 years of combined experience in personal injury law and understand how to present your case and evidence to minimize your shared blame. You can count on us to investigate thoroughly and manage communications with insurance companies and other parties.