{"id":8356,"date":"2021-01-28T14:05:57","date_gmt":"2021-01-28T19:05:57","guid":{"rendered":"http:\/\/localhost:10028\/uncategorized\/what-you-should-know-about-car-bicycle-accidents\/"},"modified":"2021-01-28T14:05:57","modified_gmt":"2021-01-28T19:05:57","slug":"what-you-should-know-about-car-bicycle-accidents","status":"publish","type":"post","link":"https:\/\/napolilaw.lemonadestand.org\/en\/article\/what-you-should-know-about-car-bicycle-accidents\/","title":{"rendered":"What You Should Know About Car-Bicycle Accidents"},"content":{"rendered":"

Although vehicle traffic dropped dramatically in 2020, largely because of spring lockdowns and the ensuing rise of WFH (work from home) options, the number of bicycle fatalities increased dramatically<\/a>.<\/p>\n

Bicycle traffic increased in most parts of the country, as people tried to avoid overcrowded New York subways and busses.<\/p>\n

And, as the statistics bear out, many drivers simply do not keep a sharp lookout for bicyclists.<\/p>\n

Ironically, the prevalence of bicycle helmets might have something to do with the increase as well.<\/p>\n

Subconsciously, when some motorists see helmeted bicycle riders, the motorists take more risks, because they assume the riders are better protected.<\/p>\n

Yet although helmets often protect people from injuries related to accidental falls, they do little good in a high-speed collision.<\/p>\n

Since riders are largely unprotected in these crashes, they normally sustain serious or fatal injuries.<\/p>\n

As a result, a New York personal injury attorney<\/a> can normally obtain substantial compensation for these victims.<\/p>\n

This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.<\/p>\n

Legal Responsibility<\/h2>\n

Generally, these incidents are not \u201caccidents.\u201d Negligence, or a lack of care, is usually an issue. Ordinary negligence and negligence per se are the most common legal theories.<\/p>\n

Most drivers have a duty of reasonable care. They must obey the rules of the road, drive defensively, and avoid accidents when possible.<\/p>\n

Yet as far as many drivers are concerned, bicyclists do not deserve an equal share of the road, even though bicycles are also vehicles in New York.<\/p>\n

Furthermore, it\u2019s very difficult for some drivers to see some bicyclists.<\/p>\n

That\u2019s especially true in New York. Many New Yorkers drive large pickup trucks and SUVs which are difficult for other drivers to see around.<\/p>\n

If drivers breach their duty of reasonable care and cause a crash, they could be legally responsible for damages. Common evidence in these cases is outlined below.<\/p>\n

If drivers violate safety laws, such as making an illegal turn or lane change, legal responsibility is easier to establish, because of the negligence per se rule.<\/p>\n

Under this doctrine, tortfeasors negligent drivers) who violate safety laws and cause wrecks could be legally responsible for damages as a matter of law.<\/p>\n

Establishing Liability<\/h2>\n

As mentioned, victim\/plaintiffs have the burden of proof in both ordinary negligence and negligence per se claims.<\/p>\n

They must establish a lack of care by a preponderance of the evidence (more likely than not).<\/p>\n

Frequently, the police accident report is a key bit of evidence in negligence claims. But in bicycle crashes, these reports are often incomplete or inaccurate. Physical evidence is sometimes an issue.<\/p>\n

For example, most bicycles are so mangled in these wrecks that it\u2019s impossible to determine things like impact angle. As a result, emergency responders, who are not accident reconstruction professionals, often fail to properly analyze these wrecks.<\/p>\n

Furthermore, if the victim was seriously injured or killed, the police report\u2019s narrative section obviously only contains one side of the story.<\/p>\n

When attorneys need additional evidence, they often examine a vehicle\u2019s Event Data Recorder<\/a>.<\/p>\n

Much like a commercial airplane\u2019s black box flight recorder, an EDR measures and records vehicle information like:<\/p>\n