Road cycling is a common activity in Long Island and while many cyclists choose to ride on the highways, this poses a great danger or risks inherent in a collision with automobiles. In such cases, it is essential to establish liability because claims require identification of the negligent party. Below are some of the facts which you should know regarding comparative fault in Long Island bicycle accidents along with consulting a Long Island Bicycle Accident Lawyer.
Learning Comparative Fault
Comparative fault (or comparative negligence) apportions fault for the occurrence of an accident. To my knowledge, under the New York law one is not barred from making a claim for damages even if he or she was partly responsible for the bicycle accident. However, your compensation will be reduced by the percentage of fault as a claimant.
Who Is At Fault In Bicycle Accidents?
In a Long Island bicycle accident, various factors are examined to determine fault, such as:
- Traffic Laws: Did the cyclist follow traffic sign and signs including stop signs and staying in their bicycle lanes? Long Island Bicycle Accident Lawyers should be spoken to for necessary information.
- Motorist Behaviour: Was the driver reckless, texting or just run a stop sign or red light against the cyclist?
- Environmental Factors: Was it caused by poor lighting at night, bad roads such as potholes among other factors?
- Equipment Issues: Was the bicycle road worthy and even if not, had it the necessary light or reflector installed as it is legally mandated? Such factors can however be eye-witness statements, television or even
Any event captured in a camera whether in a car’s own camera or a road side one, police reports and so on.
Real Life Circumstances
Which Comparative Fault Can Be Applied Comparative fault often comes into play in the following situations:
- Cyclist in the Wrong Lane: It is not right to let the cyclist ride in the opposite direction of traffic for them to be hit; they will also be to blame for the crash.
- Failure to Signal: The cyclist who does not signal the turn may well be contributing to the collision and therefore is partially responsible for causing confusion.
- Driver’s Failure to Yield: Motorists who turn into cyclist’s path will be deemed principally at fault but cyclist actions will also not be disregarded.
Another section of the article discusses the legal aspects affecting cyclists. What people do not realise is that the extent to which they are held to blame affects their compensation greatly. This extra force makes insurance providers try as much as possible to apportion the cyclist most of the blame hoping to reduce payouts. Long Island Bicycle Accident Lawyers at NYlawnet can help you understand such situations better.
This is why if you are a victim of a bicycle accident in Long Island it is wise to seek the services of a Long Island Bicycle Accident Lawyer. A professional practitioner can make investigations, engage in negotiations with the insurance carrier, and press for a proper outcome.
Things To Do After A Bicycle Accident
- To protect your rights and build a strong case, take these steps immediately after an accident: In case you are in an accident, dial the police and report the occurrence.
- Always consult a doctor, no matter how slight the wounds are.
- Take pictures and record videos of the scene.
- Exchange contact details with the witnesses.
- Do not say sorry or utter any word which may indicate blame or make statements to insurers without consulting the Long Island Bicycle Accident Lawyers.
Conclusion
Comparative fault can make bicycle accident claims in Long Island a bit intricate. To a large extent, knowing how fault is assessed and having a learned lawyer means that you can adequately be able to handle the legal procedure to ensure that compensation is done fairly enough. Do not be put off from getting the compensation you are entitled to by misperceptions of partial liability.
If you have suffered a bicycle accident, seek advice from a professional Long Island Bicycle Accident Lawyer at NYlawnet about your legal profiles and rights.