Q: If I am not in a bike lane and am injured, can I still seek damages?

A: By law, bicyclists should utilize bike lanes when they are safely available. However, even if you were not riding in a bike lane, if the motorist who struck you was negligent, you may still seek damages and have a viable claim. Different circumstances in each accident can affect the outcome in a personal injury claim.

Whether a cyclist sues a driver, or a cyclist is sued for causing someone else injury, negligence can determine the outcome of the lawsuit and the amount of damages an insured driver may be required to cover. A cyclist may be considered to have contributory or comparative negligence if, for example, the biker was riding the wrong way on a one-way street or turned abruptly into traffic.

Negligent cyclists may be unable to recover any or part of the damages for injuries they suffer in accidents involving cars if it is determined that a cyclist’s negligence, at least in part, caused the accident.

LaMarche Safranko Law Can Help

If you are are injured in a car accident while walking, jogging or riding a bicycle, you may be entitled to compensation for your medical expenses and other losses. Skilled legal representation can help make sure you are compensated to the fullest extent possible, whether you choose to pursue a personal injury lawsuit or settle out-of-court. If you are injured in the Capital Region – in Albany, Schenectady, Troy, Clifton Park, Saratoga or elsewhere in the Capital District – please call the personal injury lawyers of Lamarche Safranko Law PLLC  for a free consultation.

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