I was injured when I was riding a bicycle with two of my friends. Unfortunately for me, I was riding furthest away from the curb when a car struck me. Do I have a claim for my injuries?
No-Fault Benefits
Yes you have a claim. First, as the rider of a bicyclist, you are covered by New York’s no-fault law. You should apply to the insurance company of the car that struck you for no-fault benefits within 30 days after your accident. The no-fault benefits will cover your medical bills and at least part of your lost wages for up to two years following the accident.
The second claim you have is for personal injuries. Your attorney would sue the driver and owner of the car that struck you. I will assume for purposes of this post that you have serious injuries since you were a bicyclist struck by motor vehicle. (But you should see the prior post explaining no-fault law.)
Rules For Bicyclists
I am also assuming from your question that you were riding side by side with your two other friends. The traffic laws apply to bicyclists as well as motor vehicles. New York Vehicle and Traffic Law section 1231. Furthermore bicyclists must ride closest to the curb where there is no designated bicycle lane. However, bicycle riders may only ride two abreast, not three as you stated you were at the time of the accident. New York Vehicle and Traffic Law section 1234.
Rules For Cars
However, just because you were riding three abreast at the time of the accident does not mean you were wearing a target and you could be hit. In fact, to the contrary, ” . . . every driver of a vehicle shall exercise due care to avoid colliding with any . . . bicyclist . . . upon any roadway and shall give warning by sounding the horn when necessary.” New York Vehicle and Traffic Law section 1146.
So in your case the matter will come down to a jury question. A jury will have to decide if the vehicle should have seen you in the roadway and avoided the accident. Usually, a jury would find both parties at fault in this type of case. A jury would determine the percentages of responsibility for the accident between you and the driver of the car. Witnesses to the accident like your friends riding with you, would be important for a jury to sort out blame for the accident.
By James Santner, Esq.
If you have questions about a similar situation, feel free to contact us. Consultations are free and there is no fee unless we win.