Bicycle Accidents

What are common causes of bicycle accidents?

• Motor vehicle driver’s inattention—Motorists may be distracted or fail to pay proper attention when making turns or pulling into parking spots causing a collision between themselves and a bicyclist. 
• Getting “doored”—this occurs when a motorist opens the door of their motor vehicle striking a bicyclist. A motorist is obligated to open the door of their motor vehicle only when it is safe to do so.
• Motorists pulling into driveways and parking lots—Motorists may fail to employ the proper amount of attention when pulling into a driveway or parking lot causing a collision with a bicyclist going straight.
• Poor road conditions—The roadways of the City of New York are riddled with defective conditions such as potholes, cracks, uneven roadways, construction debris, improper paving and more.

12 Steps to follow at a bicycle accident scene

Now that you’ve been involved in a motor vehicle accident you need to take certain steps in order to make sure you have the best chance at recovery. Here are some important steps to follow:

Assess the situation. You may be involved in an accident that requires you to get out of the roadway or a safe place to stop, if you’re in proper condition to move you should make sure you’re in a safe area to prevent the risk of being in another accident.

Call 911. You want to have police and emergency medical services (EMS) come to the scene to make a record of the accident and more importantly to provide you medical assistance. After your accident you may not immediately feel your injuries as your adrenaline has kicked in. Between that and the shock of the situation you want to make sure a trained medical professional examines you. You may not know it but you may require a hospital visit to rule out any immediate life threatening injuries such as head trauma, internal bleeding, spinal injuries, etc.

Obtain the information for all the vehicles involved including:

• License plate number
• Driver’s license of the operator
• Vehicle registration

• Insurance information
• Year, make, model, and color of the vehicles involved
• Contact information of any people that may have witnessed the accident

Take photographs of the accident scene, the vehicles involved in the accident and/or the defective roadway condition that caused the accident.

Report the accident to your insurance company.

How will my medical bills be paid in the event of an accident with a motor vehicle?

In the event of an accident with a motor vehicle it is important that a No-Fault application is filed with the insurance company of the motor vehicle within thirty (30) days of the accident. The paperwork needs to be properly completed to preserve your rights and ability to have your medical bills covered. 

How long do I have to bring a claim or lawsuit?

Time limits are crucial when determining assessing an accident as a bicyclist. An accident in New York with a private non municipal vehicle is a three (3) year statute of limitations to bring a lawsuit. That means that you have to commence a lawsuit within three years of the date of the accident. That doesn’t mean that you should wait three years to bring your lawsuit. As you wait longer and longer people’s memories get worse. Witnesses may become less reliable. Details are harder to remember. You don’t want to prejudice your case by waiting. 

An accident with a motor vehicle owned by the City or as a result of a defective roadway condition requires you to file a Notice of Claim within ninety (90) days and the lawsuit needs to be commenced within one (1) year and ninety (90) days. It’s important to consult an experienced attorney as soon as possible.