Pedestrian & Bicycle Accident Cases

Serving Victims of Pedestrian and Bicycle Accidents in Hudson Valley

At Basch & Keegan LLP, our dedicated team is here to support the most vulnerable individuals on our roads: pedestrians and bicycle riders. According to health.ny.gov, motor vehicle accidents claim over 300 lives on average each year.

When pedestrians or cyclists are involved in collisions with cars, the consequences can be devastating. With minimal protection against the impact, pedestrians and cyclists often sustain severe, life-threatening injuries. This leads to significant financial burdens for the victims and their families in the aftermath of such tragedies.

Our experienced pedestrian and bicycle accident lawyers in Albany are ready to assist you if you or your loved one has been injured in a collision. We have a deep understanding of the legal process and will apply our knowledge and expertise to help you obtain the compensation you deserve.

To discuss your case, contact us online or call (845) 251-4545 to schedule a free initial consultation.

Pedestrian Accident Lawyers in Albany, NY

Common Causes of Pedestrian Accidents

In most situations, drivers are obligated to yield the right-of-way to pedestrians. However, drivers frequently fail to watch for pedestrians at intersections or when making turns onto other streets. Speeding is another significant factor contributing to pedestrian accidents, as it hinders drivers' ability to detect pedestrians and come to a stop in time to prevent a collision.

Other causes of pedestrian accidents include:

• Drunk driving
• Drivers rolling through stop signs
• Unsafe U-turns
• Poorly timed crosswalk signals
• Inadequate sidewalk conditions
• Obstructions such as trees and posts
• Street repair and construction sites

Many pedestrian accidents could have been avoided entirely. Our goal is to hold distracted and irresponsible drivers accountable for their actions behind the wheel.

Determining Fault in a Pedestrian Accident in NY

Determining fault in a pedestrian accident in New York involves examining various factors and applying relevant laws. New York follows a comparative negligence system, which means that fault can be shared among multiple parties involved in the accident.

To determine fault in a pedestrian accident in NY, the following are taken into consideration:

Right-of-Way: Motor vehicle drivers are generally required to yield the right-of-way to pedestrians in crosswalks and intersections. If a driver fails to yield when they should have, it may indicate their negligence and potential fault.

Pedestrian Behavior: Pedestrians are expected to exercise reasonable care for their own safety. If a pedestrian jaywalks, crosses against traffic signals, or behaves recklessly, their actions may contribute to the accident and affect their share of fault.

Negligent Driving: Driver negligence can take various forms, including speeding, distracted driving, running red lights, failing to yield, drunk driving, or disobeying traffic laws. If the driver's negligence directly caused the accident, they may be held primarily responsible.

Traffic Control Devices: The condition and functioning of traffic signals, crosswalks, and other traffic control devices can play a role in determining fault. If a pedestrian was crossing with a green signal or within a marked crosswalk, it strengthens their position.

Comparative Negligence: New York follows a comparative negligence rule, meaning fault can be assigned to multiple parties based on their percentage of responsibility. Even if a pedestrian is partially at fault, they may still recover damages, but the amount awarded will be reduced by their assigned percentage of fault.

Witness Statements and Evidence: Eyewitness testimonies, surveillance footage, accident reconstruction reports, and other evidence can provide valuable information for determining fault. Gathering as much evidence as possible is crucial for a comprehensive assessment.

Bicycle Accident Lawyers in Albany, NY

Common Causes of Bicycle Accidents

Tragically, many bicycle accidents occur due to preventable and reckless behavior by car and truck drivers. Failure to observe the surroundings or practice safe driving can pose a serious threat to cyclists.

Common causes of bicycle accidents include:

• "Dooring" incidents (when a driver opens their door into a cyclist)
• Unsafe lane changes
• Distracted driving
• Poor road conditions
• Insufficient bike maintenance and repair
• Defective or inadequate safety equipment
• Alcohol intoxication and drug use by drivers

Negligent behavior on the part of car and truck drivers can result in severe injuries to cyclists. These injuries may include broken bones, traumatic brain injuries (TBIs), spinal cord injuries, lacerations, and bruising, among others. The treatment for bicycle accident injuries often incurs substantial medical expenses and can lead to additional costs such as lost wages. Additionally, bicycle accident victims may experience non-economic damages, including pain and suffering.

Determining Fault in a Bicycle Accident in NY

Determining fault in a bicycle accident in New York involves evaluating various factors and considering applicable laws.

Some of the considerations taken into account when determining fault in a bicycle accident in NY include:

Traffic Laws: Bicyclists in New York have the same rights and responsibilities as motor vehicle drivers. Both cyclists and motorists must obey traffic laws, including stopping at red lights and stop signs, yielding the right-of-way, and using turn signals. Violations of traffic laws can establish negligence and contribute to fault.

Right-of-Way: Similar to pedestrian accidents, right-of-way rules apply to bicycle accidents. Motorists are generally required to yield the right-of-way to cyclists in designated bike lanes, at intersections, and when turning. If a driver fails to yield and causes an accident, they may be at fault.

Negligent Driving: Driver negligence, such as distracted driving, speeding, drunk driving, failure to check blind spots, or making unsafe lane changes, can lead to a collision with a bicycle. If a driver's negligent behavior directly caused the accident, they may be held responsible.

Bicyclist Behavior: Bicyclists must also exercise reasonable care while riding. Riding against traffic, disregarding traffic signals, weaving in and out of lanes unpredictably, or failing to use proper hand signals can contribute to fault on the part of the cyclist.

Comparative Negligence: New York follows a comparative negligence system, which means fault can be shared among multiple parties based on their degree of responsibility. If both the cyclist and driver were partially at fault, their respective percentages of fault will determine the allocation of damages.

Witness Statements and Evidence: Eyewitness testimonies, video footage, skid marks, damage to vehicles and bicycles, and accident reconstruction reports can provide valuable evidence in determining fault. Collecting as much evidence as possible is essential for a comprehensive evaluation.

Act Now. Contact Us Today!

We fight tirelessly on behalf of victims of pedestrian and bicycle accidents. If you or a loved one has suffered an injury in a pedestrian or bicycle accident in Greene, Dutchess, Ulster, or any neighboring county, reach out to Basch & Keegan LLP today for a free initial consultation with our Albany pedestrian and bicycle accident lawyers. We have a proven track record of delivering results for our clients.

Call us anytime at (845) 251-4545, as we are available 24/7, or complete our contact form to schedule your free consultation.