Statistically, if you are hit by a vehicle while riding your bike, running or walking, you will get injured. Those injuries could be severe and require a long recovery period and huge medical bills. LaMarche Safranko Law PLLC is the ally you need to make sure your expenses are covered and your damages compensated. We focus on injury law and routinely settle cases successfully. We are prepared to fight for you in court if settlement is not possible. Below we discuss questions relating to pedestrian and bicycle safety and personal injury cases.
Questions you may have:
Q: I was hit by a car while walking/jogging/bicycling. What are my rights?
A: New York State law says that you have a right to have your medical expenses covered – regardless of who was at fault – by the driver’s auto insurance... Read More »
Q: How do I know whose fault the accident was?
A: Determining who is at fault in an accident is often an undertaking of attorneys hired by the people involved with the accident... Read More »
Q: What insurance coverages are drivers required to have?
A: In New York State, $10,000 is required for property damages for a single accident; $25,000 for bodily injury and... Read More »
Q: If I am in an accident caused by another driver can I automatically bring a lawsuit?
A: In New York, in order to commence a lawsuit as a result of injuries from a car accident, you must sustain a serious injury... Read More »
Q: If there is an accident between a car and a bicycle, is law enforcement obligated to issue a ticket?
A: No, there is no law mandating law enforcement to issue a ticket in an accident... Read More »
Q: I was hit by a driver with no insurance. What do I do?
A: In New York, a driver must have valid insurance upon a vehicle for it to be registered. If the vehicle was being operated illegally... Read More »
Q: The insurance company of the driver who hit me while I was riding a bicycle/walking/running says I have to use my own health or auto insurance before they will pay anything. I have a huge deductible. What do I do?
A: If the victim of an accident is a pedestrian, the insurance company of the driver who hit you is going to be responsible for paying the medical expenses... Read More »
Q: Can I claim “No-Fault” benefits if I was hit by a motorcycle?
A: A pedestrian struck by a motorcycle can file a claim against the insurance company covering the motorcycle. No-Fault does not... Read More »
Q: How do I claim No-Fault benefits?
A: You should file your claim with the insurance company which covers the car in which you were an occupant (either as passenger or driver) or, if you were a pedestrian, with the car that struck you... Read More »
Q: Can a person be excluded from No-Fault coverage?
A: A person may be excluded if he is involved in an accident as a result of driving while intoxicated... Read More »
Q: If I am hit by car while riding my bicycle or walking after drinking alcohol, can I still recover damages?
A: Even if drinking is involved, it is still possible to recover in a claim for your injuries... Read More »
Q: What is Supplementary Uninsured/Underinsured Motorist coverage?
A: Supplementary Uninsured/Underinsured Motorist coverage provides coverage for an individual, a family member who lives with that individual or anyone in a car... Read More »
Q: Is there a time frame in which I must file a lawsuit regarding my accident?
A: Generally, the statute of limitations for a car accident is three years from the date of the accident... Read More »
Q: Will I have to pay all the lawyer’s fees if I lose a lawsuit?
A: You have options if you choose to pursue a personal injury lawsuit. You may sign a retainer agreement which would make you personally responsible... Read More »
Q: Who has the right of way, pedestrians or bicyclists?
A: When traffic-control signals are not in place, bicyclists must yield to pedestrians crossing the roadway within a crosswalk... Read More »
Q: If I am struck by a negligent bicyclist while walking or running, whose insurance is responsible for the damages?
A: Liability claims could possibly be applied to the bicyclist’s homeowners’ coverage, if he has such a policy... Read More »
Q: Do drivers always have to stop for me when I’m in a crosswalk?
A: When there is no traffic control signal, drivers must yield the right-of-way to pedestrians in the crosswalk... Read More »
Q: What if I wasn’t in a crosswalk when a car hit me?
A: We all have an obligation to be safe, pay attention to what’s on the road and follow traffic rules and laws... Read More »
Q: When unsafe conditions exist on the road, am I still obligated to jog, pedal or walk as specified by law?
A: Where sidewalks are available and they may be used safely, it is unlawful for a pedestrian to walk along the roadway... Read More »
Q: Where should I cross if there is no crosswalk?
A: Pedestrians should always try to utilize crosswalks when available, but when a crosswalk is not available... Read More »
Q: Where should pedestrians safely walk or jog on highways?
A: When a sidewalk is available, as joggers are considered pedestrians, they should utilize a sidewalk... Read More »
Q: I was hit by a car coming out of garage ramp as I was crossing the curb cut in the sidewalk. Who had the right of way?
A: The driver of a vehicle when entering or exiting from an alleyway, building, private road or driveway must yield... Read More »
Q: My child was hit by a car while darting into the street. Am I at fault? Can I still pursue a claim against the driver?
A: Protecting a child in your care is your responsibility to a degree. But if a motorist... Read More »
Q: Are bicyclists subject to the same laws as motor vehicles? Do they have to obey traffic control devices?
A: Bicyclists are granted the same rights as motor vehicles on the roadways. They are also subject to the same... Read More »
Q: What side of the road should bicyclists use when riding on a roadway?
A: Bicycles should be ridden on a usable bicycle lane, or if a usable bicycle lane does not exist, near the right-hand curb... Read More »
Q: Is it legal to ride a bike on the sidewalk?
A: It’s pretty much a given that cars shouldn’t be driven on sidewalks, but laws regarding bicycling on sidewalks are set by local jurisdictions in New York... Read More »
Q: I was hit by a car in a parking lot, where the right-of-way was not clear. Can I still seek compensation for my injuries?
A: It comes down to a question of reasonableness. Could or did the driver see you? Could he have avoided... Read More »
Q: I was not wearing a bicycle helmet when I was injured by a motor vehicle. Does that make my injuries my fault?
A: While helmet use can save lives, there is no law in New York State requiring persons over the age of 14 to wear a helmet while riding a bicycle... Read More »
Q: When riding my bicycle at night, do I need to have a light?
A: New York bicyclists are required to have two lights from one-half hour after sunset to one-half hour before sunrise... Read More »
Q: How do I signal a turn on a bicycle?
A: When preparing to make a left turn, the bicyclist should extend the left hand and arm horizontally... Read More »
Q: Are bicyclists allowed to wear headphones while riding?
A: Bicyclists are only allowed to use one earphone for audio devices... Read More »
Q: If I am not riding in a bike lane and I am injured in an accident with a vehicle, can I still recover damages?
A: By law, bicyclists should utilize bike lanes when they are safely available... Read More »
*While the above information may help to answer some questions, every case has its own unique facts and circumstances and should be thoroughly reviewed in detail with your attorney. If you have further questions about pedestrian and bicycle safety and personal injury law, please contact LaMarche Safranko Law PLLC directly.
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.