A New York pedestrian/bicycle motor vehicle accident doesn't have to leave you stranded

A bicyclist is considered a pedestrian under the No-Fault Law in New York and is entitled to No-Fault coverage. Numerous conditions apply in order for the injured bicyclist/pedestrian to be covered:

1. The injured party must be the bicyclist or passenger struck by a motor vehicle.
2. The other vehicle must be a registered and insured New York motor vehicle covered by New York No-Fault law (i.e. not a motorcycle)
3. In these circumstances, the injured party receives No-Fault benefits from the motor vehicles’ No-Fault insurance policy.

An injury caused while crossing a street and being hit by a motor vehicle always raises questions about who is at fault for the accident, what laws in New York apply, and who had the right of way.
Determining who is at fault in pedestrian accidents is critical to determining if you are entitled to compensation for your injuries.
In New York State the following laws apply to pedestrians:  

• A pedestrian must obey traffic control signals, signs, and pavement markings when they are crossing the street;
• Pedestrians are not allowed on expressways or interstate highways;
• When there is no traffic control signal, drivers must yield the right-of-way to a pedestrian, particularly if a pedestrian is in a crosswalk, or there is a potential danger to the pedestrian;
• Every driver approaching an intersection or crosswalk must yield the right-of-way to a pedestrian accompanied by a guide dog or a cane;
• If there isn’t a crosswalk, sign, or signal at mid-block locations, a pedestrian must yield the right-of-way to all vehicles on the roadway;
• The driver of a vehicle, when entering or exiting from an alleyway, building, private road, or driveway must yield the right-of-way to any pedestrian in a sidewalk;
• Pedestrians are required to use sidewalks when they are provided and safe to use. When sidewalks are not provided, a pedestrian is required to walk on the left hand side of the roadway, facing traffic.

Other circumstances may contribute to a pedestrian-vehicle accident such as car jumping the curb, a vehicle being hit by another vehicle causing it in turn to hit a pedestrian either crossing the street or on the sidewalk, or circumstances such as a drunk driver, driver under the influence of drugs or a careless or reckless driver. In all circumstances regardless of who has the “right-of-way” drivers are required by New York law to take great care and avoid hitting pedestrians.
If you are a pedestrian who was hit by a car and injured it is important to speak with a motor vehicle accident lawyer in your area as soon as possible after the event. Witnesses and evidence become increasingly more difficult to find the more time that passes.

Regardless of whether a bicycle accident is a solo accident, or involves a collision with an automobile, the accident is usually the result of somebody’s negligence- the driver’s negligence, the cyclist’s negligence, both the driver and the cyclist, or the local government responsible for the condition of the roads and trails. Because somebody is usually at fault in an accident, many cyclists prefer to call accident “crashes” or “collisions” instead of “accidents” because they believe the word “accident” means nobody is to blame. In fact, “accident” simply means that the crash wasn’t an intentional act- it wasn’t done “on purpose.” Even so, although it is “an accident,” the crash is almost always the result of somebody’s negligence. If the negligent party is the driver, the cyclist has a legal right to be compensated for his or her injuries.
Negotiations with the driver’s insurance company will always focus on which party was negligent, and to what degree. If the cyclist and the insurance company can agree on the question of negligence and the amount of damages, the case will be settled. If they cannot reach an agreement, it will be necessary for the cyclist to prove that the driver was negligent in a court of law in order to recover compensation for the injuries received.
Despite the threat of a lawsuit, or rather, because of it, the vast majority of injury cases are settled out of court. However, because the legal and accident forensic issues can be complex, cyclists who have suffered anything more than very minor injuries should always discuss their case with an attorney experienced at handling bicycle accident cases before talking with the driver’s insurance company.
What to do if you are involved in a car-on-bike accident
Always wait for the police to respond to the accident scene so that an official report will be filed. Some cyclists do not realize that they have been injured until several hours after the accident. Seemingly minor injuries may develop into serious and permanent injuries. By then, it may be too late to identify the at-fault driver.
You should not attempt to negotiate with the at-fault driver. The driver may not give you accurate information about his or her identity, insurance coverage, or vehicle ownership. Many drivers who cause accidents will initially apologize and accept blame for the accident, but later, after they had time to consider the ramifications of their negligence, will deny that they were negligent. They may even deny that they were present at the accident scene!
If an accident report is written, make sure it’s accurate. The accident report will include the driver’s statement as well as all other witness statements. The responding officer may decide to ticket the driver, and this can be useful when trying to settle the case with the insurance company. The accident report should also include the cyclist’s statement; unfortunately, law enforcement officers don’t always take a statement from the cyclist before completing their report. In these instances, the officer may have already decided that the cyclist is at fault, without even talking to the cyclist. If you are able to following the accident, make sure you give your statement to the officer. Regardless of whether an accident report is written, make sure that you have the driver’s name and contact information, as well as the names and contact information of any witnesses. If you are physically unable to gather this information, ask a witness to do it for you.
The accident scene should be investigated for information about how the accident occurred. The investigation should include obtaining skid mark measurements, photographing the accident scene, speaking with additional witnesses, and measuring and diagramming the accident scene.
Seek prompt medical treatment for your injuries. This is proof that you were in fact injured, and the medical records generated by the medical provider will help establish the extent of your injuries. Have several photos taken, from different angles and under different lighting, as soon as possible after your accident. Keep a journal (including diary) of your physical symptoms, starting immediately after the accident, and make entries every couple of days.
Leave your bike and other damaged property in the same state it was after the accident. Take photos of all damaged equipment and accessories.
Do not communicate with the insurance company before consulting with an attorney. Most cyclists want to be fair and reasonable with the insurance company. Unfortunately, when you communicate with the insurance company, they are gathering information to be used against you later. What you see as an effort on your part to communicate a fair and honest account of the accident will be seen by the insurance company as an opportunity to gather evidence in support of their argument that your negligence caused the accident.
  
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