What Happens if a Cyclist Is Partially at Fault in a New York Accident?
Bicycle accidents can be especially difficult because of how often cyclists are blamed. Insurance companies frequently try to blame cyclists for their accidents, even when the insured driver is clearly at fault. However, sometimes cyclists contribute to their accidents. If you were involved in a bicycle accident in New York and were partially at fault, you may be wondering if you can still recover compensation for your injuries. The short answer is yes. However, New York’s comparative negligence law will affect how much you recover. Read on to learn more!
New York’s Comparative Negligence Law
The Big Apple is among the states that follow the comparative negligence rule. This rule is more lenient than the contributory negligence rule, which bars plaintiffs from recovering compensation if they were even 1% to blame for their accident. Under the comparative negligence law, if you are injured in a bicycle accident, you are still eligible for compensation even if you were partially at fault. New York specifically follows the pure comparative negligence rule. This law allows you to recover compensation even if you were mostly at fault for your accident. So, even if you were 99% at fault for your bicycle accident, you can still recover compensation.
However, if you were partially at fault for your New York bicycle accident, you cannot recover the full value of your damages. The amount you recover will be diminished based on your fault percentage. For instance, if you are 40% at fault, and the driver is 60% at fault, your compensation will be reduced by 40%. If your damages are $200,000, you will receive $120,000.
No-Fault Insurance in New York
New York is a no-fault insurance state. After a motor vehicle accident, drivers usually turn to their insurance companies first for compensation. For cyclists injured by a motor vehicle, the driver’s no-fault insurance is the primary source of compensation, regardless of fault. No-fault insurance generally covers medical expenses and lost income. It does not cover non-economic damages like pain and suffering.
However, if a cyclist’s injuries exceed the threshold set by state law, they can pursue a personal injury claim against the at-fault party for additional compensation. This is when comparative negligence comes into play.
Common Reasons a Cyclist May Be Found Partially Liable
In New York, cyclists are required to obey traffic laws. Failure to do so can result in you being found partially liable for your accident. Some common reasons riders might be found partially at fault in New York include;
- Turning abruptly without signaling
- Failure to wear reflective clothing
- Riding on the wrong side of the street
- Failure to yield the right of way
- Distracted cycling
- Riding at night without proper lights or reflectors. This is a legal requirement under NY Vehicle and Traffic Law Section 1236.
Fault Determination After a Bicycle Accident
While you might believe that you are partially at fault for your bicycle accident, it is crucial to remember that fault is not always clear-cut. Avoid admitting fault and wait for the insurance company, your attorney, and the driver’s attorney to determine fault. Fault is determined based on, among other things, witness statements, the police report, traffic camera footage, accident scene photos, and expert accident reconstruction.
Contact Us for Legal Help
If you’ve been in a bicycle accident in New York, contact our qualified Long Island bicycle accident lawyers at Jacobson Law for help recovering your deserved compensation.
Source:
nysenate.gov/legislation/laws/CVP/1411
