Buffalo, New York, with its beautiful landscapes and cycling-friendly routes, is a haven for bicyclists. Cycling is an increasingly popular mode of transportation and leisure activity for both residents and visitors. However, as the number of cyclists on the roads increases, so do the risks of bicycle accidents. In such unfortunate incidents, it’s crucial to understand the bicycle accident laws in Buffalo to ensure your rights are protected and that justice is served. This article aims to provide an overview of the key laws and legal considerations related to bicycle accidents in Buffalo, New York.
Bicycle Laws and Regulations
Before diving into bicycle accident laws, it is essential to familiarize yourself with Buffalo’s specific bicycle laws and regulations. These laws are designed to promote safe cycling practices and protect both cyclists and motorists sharing the road. Some of the critical bicycle laws in Buffalo include:
Helmet Laws: In Buffalo, all cyclists under the age of 14 are required to wear a properly fitted helmet while riding a bicycle.
Right of Way: Cyclists must obey traffic signals and stop signs and yield the right of way to pedestrians on crosswalks.
Riding on Roadways: Cyclists have the right to use public roadways in Buffalo, but they must follow the same traffic rules as motor vehicles.
Bike Lanes: When available, cyclists should use designated bike lanes.
Lighting Requirements: Bicycles operated during the dark must have a white front light visible from at least 500 feet and a red rear reflector visible from 300 feet.
No Texting While Riding: It is illegal to use a mobile phone for texting or other purposes while cycling.
Liability and Negligence
In the event of a bicycle accident, determining liability is critical in seeking compensation for injuries and damages. Under Buffalo’s personal injury laws, negligence plays a crucial role in establishing liability. Negligence occurs when a person fails to exercise reasonable care, resulting in harm to others.
To establish negligence in a bicycle accident case, the following elements must be proven
Duty of Care: The at-fault party (usually the motorist) owed a duty of care to the cyclist to operate their vehicle safely and responsibly.
Breach of Duty: The at-fault party breached their duty of care through actions such as distracted driving, speeding, failure to yield, or violating traffic laws.
Causation: The breach of duty directly caused the bicycle accident and resulting in injuries.
Damages: The cyclist suffered physical injuries, property damage, or other losses as a result of the accident.
Comparative Negligence
Buffalo follows the legal principle of comparative negligence, meaning that if both parties involved in the bicycle accident were partially at fault, the damages may be distributed based on their respective degrees of fault. For example, if the cyclist is found 20% at fault and the motorist 80% at fault, the cyclist’s compensation will be reduced by 20%.
Statute of Limitations
If you’re involved in a bicycle accident and wish to file a personal injury lawsuit, it is essential to be aware of Buffalo’s statute of limitations. In New York, you generally have three years from the date of the accident to file a personal injury claim. If you miss this deadline, you may lose your right to seek compensation for your injuries and damages.
Understanding bicycle accident laws in Buffalo, New York, is crucial for both cyclists and motorists to ensure the safety of all road users and protect their rights in case of an unfortunate accident. By adhering to the city’s bicycle laws and regulations, exercising caution on the roads, and being aware of your legal rights, you can contribute to creating a safer environment for cycling enthusiasts and pedestrians alike. If you find yourself involved in a bicycle accident, seeking legal advice from an experienced personal injury attorney can help you navigate the complexities of the legal process and secure the compensation you deserve.
How can Friedman & Ranzenhofer, PC help you if you have been in a bicycle accident in Buffalo, New York
At Friedman & Ranzenhofer, PC, we understand the challenges and distress that a bicycle accident can bring to your life. Our experienced team of personal injury attorneys is here to provide compassionate support and legal knowledge to help you navigate the aftermath of a bicycle accident in Buffalo, New York.
Legal Guidance and Representation: Our skilled attorneys have a deep understanding of Buffalo’s bicycle accident laws and personal injury regulations. We will guide you through the legal process, ensuring your rights are protected and that you receive fair compensation for your injuries and damages.
Thorough Investigation: We will conduct a comprehensive investigation into the circumstances surrounding your bicycle accident. This includes gathering evidence, interviewing witnesses, and reconstructing the scene, all with the goal of establishing liability and negligence.
Determining Liability: Identifying the responsible party in a bicycle accident can be challenging. Our legal team will work diligently to determine who is at fault, whether it’s a negligent driver, poorly maintained roadways, or any other factor that contributed to the accident.
Insurance Negotiations: Dealing with insurance companies can be daunting, as they may try to settle for the lowest possible amount. We will handle all communications and negotiations with insurance companies on your behalf to ensure you receive the maximum compensation you deserve.
Medical Support: We understand the importance of receiving proper medical care and treatment after a bicycle accident. We can help you find appropriate medical professionals to address your injuries and ensure your well-being.
Professional Witnesses: In complex bicycle accident cases, we may call upon professional witnesses such as accident reconstruction specialists, medical professionals, and economists to strengthen your claim and provide skilled testimony if necessary.
Pursuing Full Compensation: Our priority is to pursue full and fair compensation for your physical injuries, emotional distress, lost wages, property damage, and any other damages related to the accident.
Court Representation: If the insurance company fails to offer a fair settlement, we are prepared to represent your case in court and present a strong argument on your behalf.
Peace of Mind: Dealing with the aftermath of a bicycle accident can be overwhelming. By entrusting your case to us, you can focus on your recovery while we handle the legal aspects of your claim.
At Friedman & Ranzenhofer, PC, we are dedicated to providing personalized attention to each client and tailoring our approach to meet your specific needs. Our commitment to obtaining justice and compensation for our clients is unwavering, and we have a successful track record of achieving favorable outcomes in bicycle accident cases.
If you’ve been involved in a bicycle accident in Buffalo, New York, don’t hesitate to reach out to us for a free consultation. We are here to listen to your story, assess your case, and provide the legal support you need during this challenging time. Together, we will work towards obtaining the justice and compensation you deserve.