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Bike Lane Accident on 2nd Ave - Who's At Fault?

This legal question related to Automobile accident attorneys in New YorkNew York has been answered.


I swerved to avoid a cyclist on 2nd Avenue in Manhattan and hit another car. Who's liable?

While driving on 2nd Avenue in Manhattan, a cyclist suddenly veered out of their bike lane, causing me to swerve and avoid a collision. In the process, I ended up hitting another car. The damage to my vehicle is extensive, and the other car also suffered significant damage. I've always been cautious and have never been involved in such a situation before. I want to understand how liability is determined in such multi-party accidents. Do I bear the entire blame for swerving? What type of lawyer should I be looking for to help me navigate this situation? Also, how can I find a reputable attorney and what are the expected legal fees? If someone has been in a similar situation, can you provide any guidance or resources?

Commonly posted questions...

A close-up, vibrant and positive image reflecting the theme of insurance and legal advice in an accident scenario. The image should depict a professional setting, perhaps a comforting and reassuring environment of a legal or insurance office. There should be elements symbolizing protection and support, like a shield or a safety net, incorporated subtly in the decor, emphasizing the theme of security and assistance in legal matters. The colors should be realistic yet leaning towards a warm and inviting palet Is it normal for insurance to deny coverage for a hit-and-run in Atlanta?
1 week 4 days ago, Automobile accident attorneys, Atlanta

Legal Solution

The response provided below is specific to Automobile accident attorneys in the jurisdiction of New York. If the response is inadequate, please submit a detailed inquiry.

Analysis and Context

The situation you've described is complex, as it involves multiple parties: you, the cyclist, and the other car driver. Each party's actions and decisions will play a role in determining liability. New York operates under a "no-fault" insurance system, which means each driver's insurance company will typically cover their own losses, regardless of who was at fault. However, for damages beyond what's covered by insurance or in cases of serious injury, determining fault becomes crucial. If the cyclist's abrupt movement was indeed unpredictable and dangerous, they may share some responsibility. But this will greatly depend on witness testimonies, any available camera footage, and the specifics of the situation.

Relevant Laws and Regulations

  1. New York State Department of Motor Vehicles - Traffic Laws
  2. New York State Vehicle and Traffic Law
  3. New York City Bike Laws
  4. New York State No-Fault Insurance Law

Potential Resolutions

Firstly, gather all evidence: photos of the accident scene, damages to all vehicles involved, and any potential witness contact details. This evidence can play a significant role in establishing the chain of events. Secondly, consider speaking with an [auto accident] attorney to guide you through the process. They can provide a deeper analysis based on the specifics of your case and help you negotiate with insurance companies or even represent you in court if necessary.

Average Legal Fees in Manhattan

Service Average Cost
Initial Consultation $150 - $300
Case Evaluation (out of court) $500 - $1,200
Representation (minor cases) $1,500 - $5,000
Full Representation (court proceedings) $5,000 - $15,000

Note: These costs can vary based on the complexity of the case, the lawyer's experience, and other factors.

Further Clarifications and Action

Could you provide more details about the exact location of the accident and whether there were any witnesses? These pieces of information can be crucial for your case. Also, consider reaching out to [compare lawyers in your area] to find the best fit for your needs.

Important Questions to Answer:

  • Did you have any passengers in your car at the time of the accident?
    • This can help determine if there were any additional witnesses or injuries involved.
  • Was the cyclist injured or did they leave the scene without any consequences?
    • Their actions after the accident can play a role in determining fault.
  • Were there any surveillance cameras around the area that might have captured the accident?
    • Footage can provide a clear picture of the events leading up to the accident.

Common Questions and Concerns

Q1: How do I prove that the cyclist was at fault?

Generally, witness testimonies, camera footage, and even expert analysis of the accident scene can help establish fault. Your attorney can guide you on collecting and presenting this evidence.

Q2: What if the other driver claims I am entirely at fault?

Remember, claims are subjective. Objective evidence, combined with a good lawyer's representation, can refute such claims.

Q3: What are the implications on my insurance rates after this accident?

Typically, if you're found at fault, your insurance rates might increase. However, the exact rate change varies by insurer and the details of the accident.

Q4: Can I claim damages for emotional distress?

Yes, in some cases, emotional distress can be claimed, especially if the accident has had a significant psychological impact on you.

Q5: How long do I have to file a lawsuit or claim regarding the accident?

In New York, the statute of limitations for personal injury claims is typically three years from the date of the accident. However, always consult with an attorney for specifics.

Auto Insurance Comparison Post-Accident

Insurance Company Pre-Accident Premium Post-Accident Premium Percentage Increase
GEICO $1,200/year $1,500/year 25%
State Farm $1,150/year $1,420/year 23.5%
Progressive $1,100/year $1,340/year 21.8%
Allstate $1,250/year $1,575/year 26%
Liberty Mutual $1,220/year $1,550/year 27%

Note: These are average rates and can vary based on several factors like driving history, location, vehicle type, and more. From the data, Liberty Mutual has the highest percentage increase post-accident. However, always consider the overall service quality, claim handling, and other factors when choosing an insurance provider.


This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.

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Legal question "Bike Lane Accident on 2nd Ave - Who's At Fault?" has been changed 2 months 1 week ago. Demonstrate your legal skills and willingness to help and answer right now! Issue is related to the location of New York & area of law: Automobile accident attorneys.
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Seeking the counsel of a personal injury attorney is paramount after vehicular accidents resulting in substantial injuries or necessitating long-term medical care. Engaging an adept attorney amplifies your likelihood of securing rightful compensation. Retaining a personal injury attorney immediately post-accident ensures you have an expert advocating for you - someone well-versed in the nuanced legal landscape and critical procedural rules that could profoundly influence your claim.

A lawyer's proficiency in this domain can often be gauged by their litigation success rate, meticulous pre-trial preparation, and adept negotiation prowess with opposing parties. While certain car accident scenarios may entail complexities around insurance coverage limits, seasoned attorneys might use the potential of litigation as leverage. Yet, more often than not, a skilled attorney can broker a settlement without resorting to court. Why engage a car accident attorney? Overlooking this crucial step could culminate in significant financial setbacks, particularly if either party involved in the accident lacks adequate insurance coverage, resulting in the insurance company disputing or denying the claim.

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