Common Causes of Biking Accidents in the Bronx, New York
Bicyclists have every right to use the same streets and roads as all other drivers. Just as drivers have a responsibility to drive safely, so bicyclists.
The most common cause of bicycle accidents is a lack of mutual awareness. Drivers may not notice bikers near their vehicles, or may not give them enough space to maneuver. This can result in bikes not being properly yielded to, or even being run off the road. Common causes for accidents include:
Any of these activities may not only cause an accident, but proof of them can be a persuasive piece of evidence in the bicyclist’s claim. A Bronx bicycle accident attorney could help examine the evidence to find proof of driver negligence.
Negligence in Bronx Bike Crashes
Because the vast majority of bicycle/car collisions are accidents, they are generally pursued using the legal theory known as negligence. In short, negligence applies when a defendant owed a legal duty to care for the well-being of the plaintiff. If the defendant fails in this duty and the plaintiff is injured as a result, the defendant can be found legally liable and be required to compensate the defendant.
This duty goes both ways. A bike rider also has a duty to protect a car driver if they are sharing the road. Therefore, if a bike cuts off a driver, and that driver is forced to swerve into another car, the bike rider may be legally liable to pay for the damage to both cars and the medical costs of all passengers within.
There are actions bicyclists can take to stay safe and avoid any liability. These include:
- Always wear a helmet
- Ride sober
- Try to only ride in areas with bike lanes
- Always keep both hands on the handlebars and avoid listening to music
- Always ride with the flow of traffic – never against it
- Obey all the rules of the road
- Be extra careful when approaching an intersection
- Wear bright clothing and use reflective tape on the bike
These actions can help bicyclists avoid being in accidents as well as avoid any allegations of liability should an accident occur.
Statute of Limitations
Even the most clear-cut bicycle accident cases may still fail if the claim is not brought forth in time. A legal concept known as the statute of limitations governs when a case can be heard by the court. In the Bronx, New York, all claims alleging personal injury due to a bike accident must be filed within three years from the date of the incident. If a case is filed outside that time limit, it may be barred from being heard in court.
Contact a Bicycle Accident Attorney in the Bronx
Bicyclists have the same rights as all other travelers, including the right to sue for damages that occur from driver negligence. In the event of such an accident, a nearby experienced bicycle accident attorney in the Bronx is available to lead that pursuit. By leaving no stone unturned, a qualified bicycle accident lawyer near you could fashion detailed demand packages in pursuit of fair settlements.
