Q & A

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: 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: 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: 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: 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: 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: 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: 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: 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.