Bicycle Accident Claims in NY: Tips on How to Get Compensation for Damages

Any collision between a car and a bicycle is, first and foremost, a threat to the physical safety of the bike rider. After many years of decline, traffic fatalities of all kinds are on the rise – with increased smartphone use one likely culprit – and bicyclists are increasingly at risk. In 2016, 840 bicyclists […]

Pedestrian-Motor Vehicle Accidents: What are Your Rights if You’ve Been Injured?

Earlier this week, Governor Cuomo announced a $15 million investment for improvements to Route 787 in Cohoes that will enhance safety while creating a pedestrian-friendly gateway to the city. This is an important step in helping make one of our busiest Capital Region roadways safer. And these improvements are desperately needed. On average, New Yorkers […]

Is Jaywalking Really a Crime?

You may be wondering: just exactly what is jaywalking? Merriam Webster defines it as follows: “to cross a street carelessly or in an illegal manner so as to be endangered by traffic.” Ok, so what constitutes “an illegal manner”? According to NYS Vehicle and Traffic Law, if there aren’t any crosswalks, signs or signals, the […]

Bike Accident: What to do After the Crash

As we head into Memorial Day weekend, many of us will be enjoying the outdoors on our bikes. We have promoted safety throughout May as part of National Bike Month, however, we know that accidents will happen, no matter how many precautions we take. And while there are many types of bike accidents, those involving […]

Q: If a negligent bicyclist hits me, whose insurance is responsible?

A: If the negligent bicyclist has homeowner’s coverage, and you were injured while walking or running, liability claims could possibly be applied to the homeowner’s policy. Medical expenses would have to be paid through the victim’s own medical insurance.   If you are are injured in a car accident while walking, jogging or riding a bicycle, […]

Q: Will I have to pay all the lawyer’s fees if I lose a lawsuit?

A: You have options of how you would like to structure the lawyer’s fees if you choose to pursue a personal injury lawsuit. You may sign a retainer agreement which would make you personally responsible for any legal expenses regardless of the outcome or a retainer that would not hold you responsible if the case […]

Q: What is Supplementary Uninsured Motorist coverage?

A: SUM/UM coverage provides for an individual, a family member who lives with that individual or anyone in a car which the individual is operating if a negligent motorist (1) has no insurance or (2) has a low policy limit. Supplementary Uninsured Motorist/Underinsured Motorist coverage applies if another driver causes an accident and has little […]

Q: Can I be excluded from No-Fault coverage?

A: A person may be excluded if he is involved in an accident as a result of driving while intoxicated; intentionally causes the accident; drives an ATV or motorcycle; is injured while committing a felony; drives a stolen vehicle; or is the owner of an uninsured vehicle involved in the accident. In the 1970’s New […]

Q: How do I claim No-Fault benefits?

A: You should file your claim with the insurance company which covers the car in which you were an occupant (either as passenger or driver) or, if you were a pedestrian, with the car that struck you. If you do not know the vehicle that struck you or if the vehicle was uninsured, you may […]

Q: Can I claim “No-Fault” if I was hit by a motorcycle?

A: A pedestrian or bicyclist hit by a motorcycle can file a claim against the insurance company covering the motorcycle. Because the makers of New York’s No-Fault insurance law regard motorcycles as inherently dangerous, No-Fault does not apply to accidents involving motorcycles. Insurance companies often attempt to limit or deny claims from pedestrians or bicyclists injured by motorcycles. Because […]