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Is a Bicyclist Ever At Fault for a Crash?


As of September, the number of cyclists deaths in New York City is more than double the total number in 2018. This startling statistic has made many question the cause of these crashes and what is being done to stop these numbers from escalating even more.

 

Many times, motorists who are not also bicycle riders have a misconception already in their heads that bicyclists are the ones who ignore traffic laws and do not share the road, which leads to bike crashes. However, in almost all cases, cyclists are not the ones liable in a collision with a vehicle.

New York’s Shared Fault Rules

There could be instances when a driver claims that a bicyclist was liable for a collision. However, many times, bicycle crashes are caused by negligent driving, such as texting while driving or even traffic violations. In instances like these, the driver should be held completely liable for the crash because they did not act with a reasonable duty of care.

 

New York follows a “comparative fault rule,” meaning that two or more parties may share some sort of fault for a crash. Even if a bicyclist is deemed to be 5% responsible for the accident, they are still entitled to receive 95% of the award amount. Keep in mind that the driver’s insurance company will most likely be trying to prove more fault on the bicyclist’s side so that they pay less. Your own personal injury attorney will work as your advocate to show a majority of negligence was on the driver’s side.

Contact the New York Bike Lawyers

We firmly believe that motorists have an extra responsibility to drive with vigilance and caution, especially in NYC when thousands use bicyclists to get around the city.

 

If you or a loved one was injured in a New York bicycle collision, you deserve compensation for the physical and emotional injuries you have suffered. The New York Bike Lawyers at Flanzig & Flanzig will look at the evidence of your bicycle crash case to determine negligent parties and fight for your financial recovery.

 

Contact our firm at (866) 352-6944 to schedule your free consultation!