Bicycle Accidents

Bicycle riding is one of the most popular recreational activities in the United States.  When it is uneventful, it can be exhilarating, social, and great exercise.  However, when accidents happen, especially accidents involving motor vehicles, the harm to the exposed and vulnerable bicyclist can be severe. 

Not surprisingly, the most significant risk to bicyclists is that they must share the roads with motor vehicles. Under the New York Vehicle and Traffic Law, there is a statute which is not known to many motorists and not enough bicyclists, Section 1231, which states as follows:

“Traffic laws apply to persons riding bicycles…Every person riding a bicycle …upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this title…”

Where this statute is most significant is the requirement that drivers of motor vehicles must yield the right of way and overtake bicyclists in a similar fashion to the manner in which they do so with motor vehicles. Similarly, the law mandates that bicyclists follow the rules of the road, including complying with stop signs, traffic lights or other traffic signals, and riding their bicycles with due caution for motorists and other roadway hazards.

The most common reasons for fatal bicycle-motor vehicle accidents are:

1. Bicyclists who exit a driveway in front of an oncoming vehicle;
2. Bicyclists turning left in front of a passing vehicle; and
3. Drivers of motor vehicles attempting to overtake bicyclists.

Safety measures which bicyclists should follow to avoid accidents and serious injuries include:

1. Wearing a bicycle helmet;
2. Following all rules of the road and comply with all traffic control devices;
3. Being aware of roadway conditions (including debris on the road) and the weather;
4. Utilizing front white lights and rear red or amber lights and wearing reflective clothing at night, to alert drivers to their presence on the road;
5. Always travel in the same direction as vehicles on the roadway, not against traffic.

If you, or a loved one, have been injured in a bicyclist accident, regardless of liability as you understand it to be, we urge you to contact our office for a free and confidential case assessment.