Bicycle Accident Lawyer Rockville Centre, NY
If you were struck by a vehicle while riding your bicycle, you’ve experienced firsthand how vulnerable cyclists are on the road.
Cyclists have the same rights to use the road as motor vehicles. When drivers fail to respect those rights and cause accidents, they should be held accountable for the injuries they cause. At Isaacson, Schiowitz & Korson, LLP, we represent cyclists injured in accidents throughout Rockville Centre and Nassau County. Our Rockville Centre, NY bicycle accident lawyer understands the rights of cyclists under New York law and knows how to counter the arguments that insurance companies make. We’ve handled personal injury cases since 1978, recovering millions of dollars in settlements and verdicts on behalf of our clients.
Why Choose Isaacson, Schiowitz & Korson, LLP for Your Bicycle Accident Case in Rockville Centre, NY?
Understands Cyclist Rights Under New York Law
Bicycles are vehicles under New York law, and cyclists have the same rights and responsibilities as motorists. But many drivers don’t respect these rights, and insurance adjusters exploit common misconceptions about where cyclists should ride and how they should behave.
We understand the rules governing cyclists in New York and how to apply them to your case. We know when cyclists have the right of way, where they’re permitted to ride, and what duties drivers owe to cyclists sharing the road. This knowledge shapes how we investigate cases and present them for settlement or trial.
Jeremy Schiowitz has represented injury victims for over 16 years. He handles bicycle accident cases requiring investigation of road design, driver conduct, and cyclist rights. Jeremy graduated from Brooklyn Law School and is licensed in New York and New Jersey. He has been named a Super Lawyer every year since 2014 and was recognized as one of the 10 Best Attorneys in New York by the American Institute of Personal Injury Attorneys.
Martin Schiowitz co-founded this firm in 1978 and has practiced for over 50 years. He has handled serious injury and wrongful death cases throughout his career, including those involving vulnerable road users like cyclists. Martin belongs to the New York State Trial Lawyers Association and has been peer-selected as a Super Lawyer.
When you need a personal injury attorney in Rockville Centre for a cycling injury, understanding bicycle-specific issues matters.
Proven Results in Personal Injury Cases
Our firm has recovered millions of dollars for injury victims in motor vehicle and premises liability cases. We’ve secured $2.8 million in one case, $2.3 million in another, and multiple additional substantial recoveries. Bicycle accidents cause serious injuries that justify significant compensation when drivers are at fault.
Counters Bias Against Cyclists
Some insurance adjusters and jurors view cyclists unfavorably. They assume cyclists don’t belong on the road, that they ignore traffic laws, or that they take unnecessary risks. We counter these biases by thoroughly documenting driver negligence, presenting cyclists as responsible road users, and demonstrating that drivers failed in their duties.
Contingency Fee Representation
Legal costs shouldn’t be a barrier to holding negligent drivers accountable. Our firm advances all case expenses. We do not charge upfront costs or hourly rates. Our fee comes from a percentage of your recovery. If we don’t win, you pay no attorney fees.
What Our Clients Say
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“Jeremy Shiowitz is a superb lawyer with tremendous experience and knows how to get the job done. Jeremy is very helpful and responsive as well. Great man of character and easy to get along with. I made the right choice by choosing Jeremy to represent my son in his case.” — Victor Cortes
Read more reviews on our Google Business Profile.
Types of Bicycle Accident Cases We Handle in Rockville Centre
Bicycle accidents happen in various scenarios. The circumstances affect how we prove liability and pursue compensation.
- Right hook accidents. A vehicle passes a cyclist and then turns right directly in front of them, cutting off the cyclist’s path. The cyclist strikes the turning vehicle or is thrown trying to avoid it.
- Left cross accidents. An oncoming vehicle turns left into the path of a cyclist traveling straight. The driver misjudges the cyclist’s speed or fails to see them at all.
- Dooring accidents. Occupants of parked vehicles open doors into the path of approaching cyclists. Riders have little time to react and strike the door at speed.
- Rear-end collisions. Vehicles strike cyclists from behind, often because drivers are distracted or misjudge the cyclist’s speed. These accidents throw riders from their bikes.
- Intersection accidents. Drivers running red lights or stop signs strike cyclists crossing legally. T-bone impacts at intersections cause severe injuries.
- Sideswipe accidents. Vehicles passing too close to cyclists clip them, causing crashes. New York law requires safe passing distance.
- Parking lot accidents. Vehicles in parking lots strike cyclists riding through or across parking areas. Drivers focus on finding spaces rather than watching for cyclists.
- Hit-and-run accidents. Drivers who strike cyclists and flee the scene leave injured victims without identified defendants. Uninsured motorist coverage may provide compensation.
- Pedestrian-bicycle collisions. Cyclists sometimes collide with pedestrians on sidewalks or in crosswalks, causing injuries to both parties.
- Road hazard accidents. Potholes, debris, uneven pavement, and other hazards cause cyclists to crash. Municipalities and property owners may be liable for dangerous conditions.
New York Bicycle Laws
New York law establishes rules governing cyclists and drivers’ duties toward them. Understanding these rules affects your claim.
Cyclists Are Vehicles
Under VTL Section 1231, bicycles are vehicles, and cyclists have all the rights and duties applicable to drivers of vehicles. This means cyclists can use roadways, must obey traffic signals and signs, and have the right of way when traffic laws give it to them.
Where Cyclists Can Ride
Cyclists may use any roadway except limited-access highways like expressways. Under VTL Section 1234, cyclists riding slower than traffic should ride near the right side of the roadway, but exceptions exist for turning left, avoiding hazards, passing, and riding on roads too narrow for safe side-by-side sharing.
Cyclists are not required to use bike lanes when they exist, though they commonly do. This matters because drivers sometimes argue cyclists should have been in a bike lane when no such requirement applies.
Driver Duties Toward Cyclists
Drivers must exercise due care to avoid colliding with cyclists. Under VTL Section 1146, drivers must exercise due care to avoid colliding with pedestrians and cyclists. Failure to do so creates liability.
No-Fault Insurance Applies
Unlike motorcycles, bicyclists injured by motor vehicles can recover no-fault benefits. Under Insurance Law Section 5102, cyclists struck by vehicles can claim PIP benefits for medical expenses and lost wages through the driver’s insurance policy.
To pursue pain and suffering damages, cyclists must meet the “serious injury” threshold or the case must fall outside no-fault coverage.
Comparative Negligence
New York applies comparative fault under CPLR Section 1411. Recovery is reduced by the cyclist’s percentage of fault but not eliminated. Defense attorneys argue cyclists ran stop signs, rode against traffic, or failed to use lights at night. Even if these arguments have merit, you can still recover for the driver’s share of fault.
Statute of Limitations
The statute of limitations is three years under CPLR Section 214. Claims against municipalities for road hazards require a Notice of Claim within 90 days.
What Damages Are Recoverable in Rockville Centre Bicycle Accident Cases
Bicycle accidents cause injuries ranging from minor to catastrophic. Your compensation depends on the severity of your injuries and their impact on your life.
Medical Expenses
You may recover compensation for all medical treatment related to your injuries, including emergency care, hospitalization, surgery, rehabilitation, and ongoing treatment. Bicycle accident injuries frequently require orthopedic surgery, facial reconstruction, and treatment for head trauma. Understanding what happens when medical bills exceed your settlement helps you plan.
Lost Wages and Earning Capacity
You may recover compensation for income lost while recovering. If permanent injuries affect your ability to work, future lost earning capacity is also compensable.
Pain and Suffering
You may recover compensation for physical pain, emotional distress, scarring, loss of enjoyment of cycling, and other non-economic harms. Calculating pain and suffering value involves injury severity and life impact.
Property Damage
Your bicycle and any equipment damaged in the accident are compensable. High-end bicycles can cost thousands of dollars.
Wrongful Death
When bicycle accidents prove fatal, surviving family members may have wrongful death claims.
Common Bicycle Accident Injuries
Cyclists suffer serious injuries because they lack protection against vehicle impacts and pavement.
Traumatic brain injuries. Head impacts cause concussions, skull fractures, and brain damage. Helmets reduce but don’t eliminate brain injury risk. Understanding what to expect with brain injuries helps victims.
Fractures. Broken collarbones, wrists, arms, legs, and hips are common in bicycle crashes. Cyclists extend arms to break falls, causing wrist and forearm fractures.
Spinal injuries. Being thrown from a bicycle or struck by a vehicle damages spinal structures. Herniated discs and spinal cord injuries cause chronic pain or paralysis.
Facial injuries. Impacts with vehicles or pavement cause facial fractures, dental damage, and permanent scarring.
Road rash. Sliding across pavement removes skin. Severe road rash requires skin grafts and causes permanent scarring.
Soft tissue injuries. Torn ligaments, damaged tendons, and muscle injuries require surgery and rehabilitation.
Steps to Take After a Bicycle Accident in Rockville Centre
Your actions after a bicycle accident affect your health and your claim.
Call 911 and report the accident. Police documentation identifies the driver and captures witness statements. Getting a police report is essential.
Get the driver’s information. Name, phone number, license plate, insurance information. Don’t let the driver leave without this information.
Document everything. Photograph vehicle damage, your bicycle, road conditions, traffic controls, and your injuries. Take pictures before the scene is cleared.
Get witness information. Other people who saw the accident provide crucial testimony.
Seek medical attention. Even if you feel okay, get evaluated. Some injuries don’t show immediate symptoms.
Preserve your bicycle and gear. Your bike and helmet are evidence. Don’t repair or dispose of them.
Don’t give statements to the driver’s insurer. Be aware of adjuster tactics designed to minimize claims.
Contact a bicycle accident attorney. Hiring an attorney early protects your rights.
Bicycle Accident Statistics
Cycling carries risks that statistics reflect.
According to the National Highway Traffic Safety Administration, approximately 1,000 cyclists die in crashes with motor vehicles annually in the United States. Tens of thousands more suffer injuries requiring medical treatment.
The Insurance Institute for Highway Safety reports that cyclist deaths have increased in recent years as cycling has become more popular. Urban and suburban areas see the most bicycle fatalities.
New York sees substantial cycling activity, particularly in warmer months. Nassau County has expanded bicycle infrastructure in recent years, but conflicts between cyclists and motorists remain common on roads without dedicated cycling facilities.
According to data from the Governors Highway Safety Association, most cyclist fatalities occur in urban areas, on non-intersection locations, and during daylight hours.
Rockville Centre Bicycle Accident Lawyer FAQs
Do I have a case if I wasn’t wearing a helmet?
Yes. New York doesn’t require adult cyclists to wear helmets. While helmet non-use may affect damages for head injuries, it doesn’t bar your claim.
What if I was hit while riding on the sidewalk?
Local ordinances determine where sidewalk cycling is permitted. Even if you violated an ordinance, comparative negligence allows recovery reduced by your fault percentage.
How long do I have to file a bicycle accident lawsuit?
Three years for most claims. Claims against municipalities for road hazards require a Notice of Claim within 90 days.
Can I recover no-fault benefits as a cyclist?
Yes. Unlike motorcyclists, cyclists struck by vehicles can recover PIP benefits for medical expenses and lost wages through the driver’s insurance.
What if the driver didn’t stop?
Hit-and-run accidents create challenges, but your uninsured motorist coverage may provide compensation. We investigate to identify drivers when possible.
How much is my bicycle accident case worth?
It depends on injury severity, medical expenses, lost income, and permanent limitations. Looking at typical settlement amounts provides context.
What if the driver says I ran a stop sign?
We investigate to determine what actually happened. Even if you bore some fault, comparative negligence allows recovery for the driver’s share of responsibility.
Can I sue for a pothole accident?
Municipal liability for road hazards involves special rules including 90-day notice requirements and prior written notice requirements. We can evaluate whether a claim is viable.
Do you handle cases outside Rockville Centre?
Yes. We represent cyclists throughout Nassau County, Long Island, and New York City.
Dangerous Areas for Cyclists in Rockville Centre
Certain areas present elevated risks for cyclists due to traffic patterns and road design.
Sunrise Highway and its access roads carry high-speed traffic with limited cycling infrastructure.
Merrick Road through the commercial district sees heavy traffic and parking activity creating dooring and right-hook risks.
The LIRR station area has high pedestrian and vehicle activity during commute times.
Residential streets with on-street parking present dooring hazards.
Local Resources for Rockville Centre Bicycle Accident Victims
Medical Services:
- Mercy Hospital, Rockville Centre, (516) 705-2525
- Mount Sinai South Nassau, Oceanside, (516) 632-3000
Law Enforcement:
- Rockville Centre Police Department, (516) 766-1500
Government:
- Village of Rockville Centre, (516) 678-9300
Disclaimer: These resources are provided for informational purposes only. Listing does not constitute an endorsement by Isaacson, Schiowitz & Korson, LLP.
Contact Isaacson, Schiowitz & Korson, LLP
If you were injured in a bicycle accident in Rockville Centre, NY, you have legal rights that deserve protection. Drivers who fail to respect cyclists’ rights should be held accountable.
Our attorneys have handled personal injury cases for decades. We understand cyclist rights under New York law and know how to counter insurance company tactics.
The consultation is free, and there is no obligation. We’ll evaluate your case and explain your options honestly. If you decide to proceed, we handle everything on contingency. You pay no attorney fees unless we win. Contact us today to discuss your bicycle accident claim.