Content reviewed by:
Alex Shulman
A damaged bicycle may be the easiest part of a bike crash to deal with. Medical appointments, missed work, and questions about who will pay can leave you unsure where to turn.
Founded in 2013, Shulman & Hill helps injured cyclists understand their legal options. Working with a bicycle accident lawyer in Poughkeepsie can help you identify available insurance, preserve evidence, and pursue compensation from those responsible. Our personal injury lawyer in Poughkeepsie can help you recover compensation.
What to Do After a Bicycle Accident
Move out of traffic if you can do so safely, call 911 for emergency assistance when needed, and seek medical attention promptly. Head injuries, internal injuries, and some fractures may not be obvious at the scene. Tell your provider how the collision happened and describe every symptom, including dizziness, numbness, or worsening pain.
Ask responding officers how to obtain the accident report, and exchange identification and insurance information with the driver. If your condition allows, photograph the vehicles, bicycle, roadway, traffic signals, and visible injuries.
Keep your bicycle, helmet, clothing, and damaged equipment in their post-crash condition when possible, and get legal advice before signing a release or giving a recorded statement to the other party’s insurer.
NY VTL §1234 and Cyclist Rights in Poughkeepsie
New York Vehicle and Traffic Law §1234 generally requires cyclists to ride in a designated bike lane where one is present, subject to exceptions that permit leaving the lane to avoid hazards, pass another cyclist, or prepare for a turn.
Cyclists riding along the Dutchess Rail Trail and Hudson Valley Rail Trail share pathways with pedestrians and other users, and collisions in those areas can raise questions about right-of-way and applicable traffic rules.
Understanding §1234 matters because insurers may argue that a cyclist’s lane position contributed to a crash. However, a cyclist’s departure from a bike lane is permitted under specific circumstances, and a violation does not automatically establish fault. Our bicycle accident lawyer in Poughkeepsie can help you further understand the laws.
Our Bicycle Accident Lawyer in Poughkeepsie Can Determine Liability
A driver may be responsible for failing to yield the right of way, turning across your path, passing unsafely, speeding, or opening a vehicle door into your riding space. Responsibility can extend beyond the person behind the wheel; an employer may be liable for an employee’s negligent driving within the scope of employment.
A dangerous roadway condition such as a pothole or uneven pavement may also warrant investigation if it contributed to the crash. Claims involving road maintenance require particular care.
You must identify the entity responsible for the location and determine whether an applicable prior-written-notice law required that entity to receive written notice of the hazard before the crash. We can examine whether a private party, municipality, or another entity may be responsible rather than assuming every roadway defect creates liability.
How No-Fault PIP Affects Cyclists
If a motor vehicle strikes you while you are riding a bicycle, New York’s no-fault system may provide benefits through the vehicle’s insurer. These benefits, known as personal injury protection or PIP, generally address eligible medical expenses, a portion of lost earnings, and certain other necessary expenses regardless of fault.
Coverage depends on the circumstances and remains subject to policy limits and legal requirements. No-fault PIP does not pay for pain and suffering or bicycle repairs. In many motor vehicle cases, recovering damages for pain and suffering requires meeting New York’s serious injury threshold, which includes specific statutory categories.
Written notice of a no-fault PIP claim generally must be provided to the appropriate insurer within 30 days of the accident. If the driver was uninsured, fled the scene, or cannot be identified, other potential coverage may need prompt investigation. Our bicycle accident lawyer in Poughkeepsie can help you throughout the legal process.
Injuries and Losses Your Claim May Address
Cyclists have little protection against the force of a motor vehicle. A collision can cause fractures, traumatic brain injuries, spinal injuries, soft-tissue damage, and significant skin injuries such as road rash.
Depending on the applicable coverage and legal requirements, recoverable losses may include medical expenses, lost earnings, reduced ability to earn income, and damage to your bicycle.
Pain, emotional distress, and loss of enjoyment of life may also qualify for compensation when the legal requirements are met. Future treatment and long-term work restrictions may require supporting opinions from medical or employment experts. There is no reliable settlement figure based solely on an injury label or the price of your bicycle.
Can You Recover If You Share Some Fault?
New York generally follows pure comparative negligence rules, meaning you may still pursue a negligence claim after a bicycle crash if you share responsibility. Still, your damages can be reduced by your percentage of fault. An insurer may question your lane position, visibility, signaling, or compliance with a traffic signal.
Under New York Vehicle and Traffic Law §1238, failure to comply with helmet requirements does not constitute contributory negligence or assumption of risk and cannot be used to reduce recovery in a personal injury action. We can assess fault allegations against the evidence and applicable law rather than accepting an insurer’s version of your conduct.
Deadlines for Bicycle Accident Claims in Poughkeepsie
Many New York personal injury lawsuits based on negligence must be filed within three years of the accident. Claims against a city or other municipal defendant often require a notice of claim within 90 days and a lawsuit deadline of one year and 90 days. A wrongful death action generally must be filed within two years of the death.
Insurance notice requirements arise long before any lawsuit deadline. Getting legal advice early allows time to identify the proper defendant, verify deadlines, and investigate the facts without relying on an exception that may not apply.
Contact Our Bicycle Accident Lawyer in Poughkeepsie
Shulman & Hill can help you address coverage questions and fault disputes. Gather any accident report, photographs, insurance correspondence, and treatment information you have.
Contact us to discuss your Poughkeepsie bicycle accident and the next steps available to you in a free consultation.