


Ever been doored? I have.
EVER BEEN CUT OFF BY A CARELESS MOTORIST? I have.
Have you ever been thrown off your bike after a car side-swiped you? Did you wind up in the emergency room? Broken bones? Need surgery? Did you have head trauma? Was your bike totally destroyed? Do you know someone who went over their handlebars and walked away without breaking a bone in their body?
Evaluating liability- Who’s responsible?
Where were you riding (on the street, on the sidewalk, with traffic, against traffic)?
What was the weather like?
What time of day did your accident happen?
What safety devices did you have on (helmet, reflective clothing, blinking butt lights, headlights)?
Describe the road or intersection where the accident happened (one way, two-way, how many lanes of travel in each direction, was there parking on both sides, was it residential or a commercial area)?
Was there anything blocking your view?
Were there any double-parked cars/buses/ trucks?
How fast were you going at the time of the impact?
How fast was the other driver going at the time of impact?
How did the accident happen?
“What happens if I was riding against traffic? Does that affect my liability?” Yes it does. As a bicycle rider you are still obligated to follow the ‘rules of the road’ and to ride responsibly. You cannot disregard red lights with impunity. You cannot blow through a stop sign knowing there’s no oncoming cars or pedestrians. You are required to follow the same traffic signs as cars. If you are hit while riding against traffic, you will be partially responsible for causing your accident.
Remember, since New York is a “No-Fault” state, that means that the drivers’ insurance company will still be obligated to pay for your medical bills. If you own a car and have car insurance, the two insurance companies will hook up and determine, behind the scenes, who is actually responsible for your accident. Depending on the analysis, one insurance company will reimburse the other for the medical expenses they had to pay out on your behalf.
Evaluating damages- What Injuries Did You Suffer as a Result of This Accident?
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