We can help after your bicycle, scooter or motorcycle accident!
Motorcycles, scooters and bicycles have become a common means of travel in New York and the number of riders is rising each year. As opposed to automobiles, motorcycle and bikes render their riders to much more vulnerable to severe injuries since:
- motorcyclists, scooters and bikes are constantly exposed to direct impacts,
- their 2-wheel base makes motorcycles and scooters much less stable,
- motorcyclists and scooters are smaller and more susceptible to greater damage from lighter collisions.
Because of their small size, motorcycles and scooters are also less visible on the road than other vehicles so other drivers may not always yield the right of way. Further, motorcycles are especially susceptible to dangers from road defects like potholes, construction and drainage. Such conditions are all too common in New York and can be far more dangerous to a motorcyclist than to a car driver.
Often, motorists like truck and bus drivers cause bicycle accidents by failing to share the road, forcing cyclists off the road or into a collision. Most bicycle accident in New York involve contact with a motor vehicle that
- failed to yield the right-of-way,
- suddenly turned into the path of a cyclist (left turns in the path of an oncoming cyclist) or
- overtook a bicyclist misjudging the space needed to pass safely.
Bicycle accidents may also occur due to factors like defective roadway maintenance including potholes, road debris and poor visibility. Motorists opening car doors directly into cyclists’ path or a pedestrian being struck by a bicycle messenger/delivery person is a very common scenario in New York. Bicyclists are obligated to follow the same road rules and fall under the same statute as the operators of all other vehicles pursuant to New York State Vehicle and Traffic Law. A bicyclist may be considered a pedestrian under the No-Fault Law in New York and becomes eligible for No-Fault coverage.
In New York, the most common laws for protecting motorcyclists and bicyclists include
- banning children under the age of one year from being passengers on such vehicles
- requiring protective headgear for bicyclists under fourteen years of age
- other bicyclists are not mandated to wear a helmets
During direct impact, helmets are proven to help prevent head injuries by reducing the force of impact and spreading this force. However, helmets are not designed to withstand rotational injuries, so impacts resulting from angular or rotational acceleration can result in subdural hematoma (SDH) and diffuse axonal injury (DAI). These brain injuries can result in chronic intellectual debilitation or even death.
Those injured in bicycle accidents face unique legal challenges under the laws of New York which require specific knowledge and experience as it concerns the rights of bicyclists. Attorneys at HURT-511 have years of experience representing victims of bike accidents and their families in all 5 boroughs of New York City and beyond.