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How Helmet Use Impacts Bicycle Accident Claims

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Rochester Bicycle Accident Attorneys

Serving Injured Cyclists in Buffalo & the Nearby Counties

Did you know that in New York State, a bicyclist riding on the roadway must follow the same rules as the driver of a motor vehicle? In fact, there are additional regulations that specifically apply to cyclists. The main challenge for bicyclists traveling on the roadways of New York is not simply obeying the rules but ensuring that motorists are attentive and properly sharing the road.

According to the most recently published statistics in 2013, there were 6,328 bicycle-motor vehicle accidents in New York State, resulting in 40 bicyclist fatalities. In the same year, Monroe County had 257 such accidents, Erie County recorded 285, and Onondaga County had 123. In the majority of bicycle-vehicle collisions, cyclists tend to suffer more severe injuries than occupants of vehicles.

Injured in a bicycle accident in Buffalo, Rochester, or the nearby areas? Contact our Rochester bike accident attorneys online or call (888) 997-4110 today to learn how we can help. Your initial consultation is free. 

What to Do After a Bicycle Accident in Rochester, NY

If you are involved in a bicycle accident in Rochester, your actions immediately afterward can significantly impact both your recovery and any potential legal claim. Prioritize safety by seeking medical attention, even if injuries are not immediately apparent, as some symptoms may not be obvious right away. If you are able, document the accident scene by taking photographs of your bicycle, the other vehicle, road and weather conditions, and any visible injuries. Also, gather contact information for witnesses and the driver involved. Law enforcement in Rochester may respond and prepare a police report—be sure to obtain a copy, as it can play a crucial role in your case.

In addition to reporting the incident, notify your insurance company and keep all records of medical treatment, expenses, and correspondence related to the accident. Preserve the clothing and gear you were wearing, as these may serve as important evidence if fault is disputed. At Faraci Lange, LLP, our Rochester bicycle accident lawyers help clients protect their rights in the critical days following an accident. We will coordinate with insurance companies, safeguard vital evidence, and offer guidance regarding Rochester’s unique legal requirements, including New York’s no-fault insurance laws for cyclists. Prompt action after a crash can have a major impact on your ability to seek compensation for your injuries and losses.

How Rochester, NY Laws & Comparative Negligence Might Affect Your Claim

New York State follows a comparative negligence rule, meaning you may recover damages in a bicycle accident case even if you are found partially at fault. Your compensation, however, is reduced by your percentage of fault attributed by the court. For example, if you are found 20% responsible for the accident, your award would be reduced by 20%. This is particularly relevant for bicycle accident claims in Rochester, where cycling infrastructure and weather conditions can both play roles in determining liability.

Rochester also abides by New York’s no-fault insurance system, but coverage for bicyclists is handled differently than for motorists. If you are struck by a vehicle while riding, you may be entitled to benefits through the driver’s no-fault insurance, covering medical bills and lost wages, regardless of who was at fault. In cases where injuries are serious, you may pursue additional legal action against the at-fault party for pain and suffering or damages not covered by no-fault. The experienced bicycle accident attorneys at Faraci Lange, LLP are well-versed in these legal intricacies and have significant familiarity with Monroe County court procedures. We guide clients through each step, working to maximize all recoverable damages and ensure compliance with local and state guidelines.

Frequently Asked Questions

What should I do if the driver who hit me leaves the scene?

If you are involved in a hit-and-run bicycle accident in Rochester, remain calm and prioritize your safety. Move to a safe area and immediately call 911 to report the incident to the police. Try to recall important details about the vehicle, such as make, model, color, and license plate number. Any witness accounts or nearby surveillance footage may also be valuable. Rochester police will investigate and may use traffic cameras and additional evidence to try to locate the driver. Even if the driver is not located, you may be able to seek compensation through your uninsured motorist coverage or, in certain cases, the New York Motor Vehicle Accident Indemnification Corporation. Contacting a bicycle accident attorney in Rochester right away can help preserve critical evidence, begin an investigation, and ensure your rights are protected.

Do I have to file a police report for my bicycle accident in Rochester?

It is highly recommended to file a police report after any bicycle accident involving injury or property damage. In Rochester, a police report serves as an official record and will document details including the parties involved, time, location, weather conditions, and the sequence of events. Insurance companies require a police report for many claims, and your bicycle accident lawyer will use it as foundational evidence if legal action becomes necessary. If you do not file a report at the scene, you can do so later either at the Rochester Police Department or through the New York DMV’s online portal. Filing a report promptly ensures compliance with local requirements and helps protect your eligibility for both insurance reimbursement and legal action.

How long do I have to file a bicycle accident claim in New York?

In general, the statute of limitations for personal injury claims in New York, including bicycle accidents, is three years from the date of the incident. If your claim involves a government entity, such as the City of Rochester, different rules apply and may require that you file a Notice of Claim within a much shorter time frame—sometimes as little as 90 days. Failing to meet these deadlines can jeopardize your right to pursue compensation. Retaining a qualified bicycle accident attorney in Rochester as soon as possible helps ensure that all required notices and filings are handled properly, giving you the best opportunity to recover full and fair compensation for your injuries.

Common Injuries in Bicycle Accidents

Bicycle accidents can lead to severe injuries, often leaving victims with lasting physical, emotional, and financial burdens. Common injuries may include:

  • Traumatic Brain Injuries (TBI): The vulnerability of cyclists on the road makes them susceptible to traumatic brain injuries, ranging from concussions to long-term cognitive impairments.
  • Spinal Cord Injuries: Bicycle accidents can cause spinal cord injuries that significantly impact mobility and overall quality of life.
  • Fractures and Orthopedic Injuries: Broken bones and other orthopedic injuries frequently result from the force of impact in bicycle crashes.
  • Soft Tissue Injuries: Even minor-seeming accidents can cause significant soft tissue injuries, such as sprains, strains, or contusions.
  • Wrongful Death: Tragically, some accidents result in fatalities. Our team provides compassionate and knowledgeable legal representation for families, pursuing wrongful death claims to help address financial and personal losses during difficult times.

It is crucial to recognize that many injuries sustained in Rochester bicycle accidents require specialized medical treatment and long-term rehabilitation. In our region—where cycling is popular both for recreation and commuting—medical providers regularly treat a variety of injuries that can disrupt day-to-day life. These injuries may lead to extensive time away from work, limitations on physical activity, and ongoing care costs. Working with a bicycle accident attorney in Rochester who understands the progressive nature of these injuries and their legal implications helps ensure your losses are fully documented and addressed throughout your recovery.

Why Choose Faraci Lange, LLP?

At Faraci Lange, LLP, we have decades of experience representing bicyclists injured in traffic collisions, and we understand the unique challenges cyclists face because many of our attorneys are riders themselves. Whether you cycle for fitness, leisure, or in competition, our legal team knows the experience of sharing Rochester’s roads with motorists. When you are searching for a bicycle accident attorney in Rochester, it is essential to choose someone who truly appreciates a bicyclist's perspective and the complexities of local traffic.

Our attorneys have been recognized by Upstate New York Super Lawyers® and included in Best Lawyers in America®, demonstrating a consistent record of legal accomplishment. With strong local roots and substantial trial experience in Monroe County and Western New York courts, we are well-acquainted with the legal issues, insurance strategies, and even specific intersections and bike routes most relevant to area cyclists. From your initial consultation to resolution, we prioritize personalized attention, keeping you informed and empowered at every stage of your case. Our deep commitment to client service and to our cycling community sets us apart as a trusted choice among Rochester bicycle accident attorneys.

It is important to remember that while most jurors drive, few regularly ride bicycles. This dynamic can result in a bias against cyclists during litigation, making it critical to follow traffic laws, document your actions, and work with a legal team able to present your case in a clear and compelling way. Familiarity with New York Vehicle & Traffic Law, as well as specific Rochester regulations, is essential to advancing your case—and it’s this type of local knowledge and advocacy you can expect from Faraci Lange, LLP.

Traffic Laws Applicable to Persons Riding Bicycles

The most important of all the rules applying to cyclists is this: bicyclists have the same rights and responsibilities as motorists when riding on public roads. That means responding to traffic signals, signs, and any roadway hazard as a driver would.

In Greater Rochester, cyclists travel a combination of city bike lanes, suburban streets, and multi-use paths such as the Genesee Riverway Trail. Navigating these local routes safely means knowing both state traffic laws and area-specific rules—like signage at busy intersections on East Avenue or Monroe Avenue—directing cyclist conduct. Understanding and following these regulations not only improves rider safety but also protects your claim should an accident occur.

Clinging to Vehicles

Holding onto a moving vehicle while on your bike is illegal and extremely dangerous. In Rochester and throughout New York State, this law is strictly enforced due to the significant risks for both cyclists and motorists. While professional racers might do this in controlled environments, it's never permitted on public roads. If a crash happens and clinging is involved, questions of liability and compensation become even more complicated. As local bicycle accident attorneys, we educate our clients about these rules and help them navigate their impact on insurance and legal claims after an accident.

During Rochester cycling events or group rides, law enforcement regularly reminds participants of this law and monitors popular routes—including along Lake Ontario and near city festivals—for compliance. Staying aware of these legal boundaries protects not only your safety but also your legal rights if an accident occurs. Our team can help clarify any concerns related to cyclist conduct and explain the implications for your case.

Riding on Roadways, Shoulders, Bicycle Lanes & Bicycle Paths

Under New York law, cyclists should ride as far to the right as is safe, except under certain situations such as avoiding hazards or preparing for a turn. Misunderstandings about lane placement are common in urban areas, especially where Rochester’s bike lanes are intermittent or shared with parked vehicles. Remember, riding against traffic is considered a legal violation and can impact your ability to recover compensation after an accident.

Many Rochester neighborhoods offer designated bike lanes, enhancing cyclist safety. However, these lanes are not always clear of obstacles—think road debris, parked cars, or construction sites. When merging into traffic is necessary, cyclists should be attentive to both legal requirements and practical safety measures. Rules for riding two abreast and yielding to vehicles must also be observed. At Faraci Lange, LLP, our bicycle accident attorneys in Rochester work with clients to understand how local traffic patterns and the specific roadway environment may shape liability following a crash.

Lamps & Other Equipment

New York law requires cyclists to use a white headlamp and red taillight from dusk to dawn, as well as reflective tires or devices for visibility. Bicycles must have functioning brakes and an audible signal, such as a bell, for safety. These requirements are more than just legal boxes to check—they play a significant role in protecting you on Rochester’s roads.

Local authorities—such as the Rochester Police Department—emphasize lighting and equipment compliance through seasonal safety campaigns. Along major cycling corridors like Elmwood Avenue or the Erie Canalway Trail, officers may conduct inspections and issue warnings or citations for non-compliance. Failing to meet these requirements can jeopardize a legal claim, especially if lack of proper equipment is alleged to have contributed to your accident. Our Rochester bicycle accident attorneys help clients review and document compliance with all regulations to strengthen their claim.

Hand & Arm Signals

Cyclists are legally required to use hand signals to indicate turns and stops, since bicycles lack built-in indicators. Using these signals at busy intersections—like those at Monroe Avenue and Goodman Street in Rochester—improves not just your safety but also your position if your actions are scrutinized in a legal case. Mastering hand signals and using them consistently is a key part of responsible riding and effective case presentation.

Local organizations frequently host safety clinics to educate new riders on proper signaling and defensive riding, which contribute to lowering accident rates throughout Monroe County. Our legal team encourages all cyclists to review and apply these practices, both as a preventive measure and as a strategy for strengthening a potential legal claim in the event of a crash.

Helmets & Carrying Children

While New York State only requires cyclists under 14 to wear helmets, local Rochester campaigns often promote helmet use for riders of all ages. Hospitals and clinics serving Monroe County agree that helmet usage drastically reduces the severity of head injuries in the event of a crash. Additionally, laws require proper child safety seats and harnesses when carrying minors as passengers on a bike.

If a minor is injured in a bicycle accident and was not properly equipped, complex questions about appropriate care and legal responsibility can arise. The Rochester bicycle accident lawyers at Faraci Lange, LLP are experienced in addressing these questions, ensuring all relevant laws are considered in evaluating liability and potential compensation in cases involving children or young riders.

What Damages Could Be Recovered in a Bicycle Accident Claim?

It's important to understand the types of compensation you may be eligible for after a bicycle accident in Rochester. Potential damages may include:

  • Medical Expenses: From emergency care to rehabilitation, the costs of treating bicycle accident injuries can add up quickly. These expenses may be compensable under both no-fault insurance and traditional liability claims.
  • Lost Wages and Future Earnings: If your injuries prevent you from working, you may be able to claim lost income and diminished earning capacity, which are critical to fully recovering from the impact of the accident.
  • Pain and Suffering: Compensation in these cases can also reflect the physical pain and emotional distress resulting from the accident.
  • Property Damage: Damaged bicycles, helmets, phones, or other personal property may all be included in a settlement or jury award.
  • Loss of Consortium: In the most severe cases—especially those involving catastrophic injury or wrongful death—family members may seek compensation for lost companionship and support.

New York’s no-fault insurance system means that some damages are paid quickly regardless of fault, but most significant recovery will come through legal action against the responsible party. Insurance adjusters and attorneys customarily scrutinize documentation and challenge claims, especially in Monroe County courts. Working with a knowledgeable bicycle accident lawyer in Rochester can make the difference, ensuring every category of damage is fully substantiated and argued on your behalf from start to finish.

Contact Our Bicycle Accident Attorney in Rochester Today

If you or a loved one has been injured in a bicycle accident in Rochester or the surrounding area, do not face the legal process alone. At Faraci Lange, LLP, our Rochester bicycle accident lawyers provide the skilled advocacy you need to pursue maximum compensation for your injuries, damages, and losses. We are dedicated to fighting for the rights of cyclists across Western New York. Contact us today for a free consultation, and let us guide you step by step through the recovery and legal process.

Our Rochester bicycle accident lawyers are here to get you back on the road to recovery. Contact Faraci Lange, LLP today to discuss your case!

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