Legal Advice on Accidents

By Robert S. Fader

Following are commonly asked legal questions regarding accidents. This information is meant only as a general guideline, and should not be used as a substitute for legal counsel.

Q. What information should I get from the driver? 

A. The vehicle's license plate number, which can be used further to obtain information from the Department of Motor Vehicles; information from the driver's insurance identification card (noting coverage dates); the owner's full name from the vehicle's registration. Names, addresses, and telephone numbers of independent eye witnesses should be gotten for later use. Remain at the scene of the accident until the police have arrived and exchange information with them, even if there is no apparent personal or material damage. This may be the only available proof of the accident if you need make a claim later on. 

Q. Can I be compensated for damages to my bicycle? 

A. Yes - often done through a Small Claims Court, which generally hear cases involving less than $2,000. If claiming property damage you must bring at least two signed estimates from bicycle shops itemizing the needed work or bring an expert mechanic to testify. You may have the option of being heard by either an arbitrator (a specially trained attorney) or the judge. Expect to wait longer if you choose the judge, as there is only one. While choosing an arbitrator is generally quicker, their decision is final and non-appealable. Taking an appeal, however, is a difficult process and rarely done in Small Claims Court judgments anyway.

Q. What if I'm in a bike accident on the job?

A. You should file a claim with the Worker is Compensation Board; your employer should have forms. Generally, their carrier will cover medical bills and may give income compensation. You may also be able to sue for damages if you incur serious injuries, as defined by the NY No Fault Law. It is strongly advisable to seek legal advice from a specialist so as to ensure compensation to the fullest available extent.

Q. What is the No Fault Law; does it cover bicyclists in vehicular accidents?

A. Generally, yes. In NY the no fault system exchanges the right to sue for damages for payment of medical bills and other financial losses without regard to who caused the accident. You may still be able to bring a suit but only if you can prove serious injury. Qualification depends on the facts of the case, and anyone interested should seek the advice of an attorney. Again, it is vital that basic information about the vehicle be obtained in the event claims are submitted at a late date. It is not uncommon for certain injuries to become apparent, and thus be reported, only long after the actual trauma occurred.

Q. I fell on a pothole in a city street, can I sue the City of New York?

A. The City protects itself with the "pothole law", which requires that prior written notice of a particular defect be received before the city can be held responsible for that defect. There are, however, some exceptions, such as when the city itself has created the condition (as through a construction project). Any such situations should be explored further by you and your attorney. You have 90 days from the date of an accident involving municipal authorities to file a claim.

Please keep in mind that this summary does not address each and every concern, but rather is a general overview of common questions. The ultimate goal should always be to get the injured cyclist healthy again, compensated, and back on the bicycle. Keeping this information in mind in the event of an accident will hopefully aid in quickening this process.

Read more legal advice articles for cyclists.