If a driver cuts in front of a bicyclist in a bike lane causing the bicyclist serious harm, does the driver have any liability?

Asked over 1 year ago - Hamlin, NY

Bicyclist slammed on brakes to avoid hitting car, pitched over handlebars and broke C2 vertebra in neck. Car did not hit bicyclist although bicyclist ended up with legs under car.

Attorney answers (8)

  1. Jeff D. DeFrancisco

    Pro

    Contributor Level 4

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    Answered . There can clearly be liability there depending on the facts and circumstances. There can also be comparative fault between both the bicyclist and the driver, again, depending on the facts. The case is definitely worth being investigated.

  2. Craig A. Post

    Contributor Level 17

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    Answered . Hopefully there is a police report that memorializes the event but generally speaking, you do have a potential claim worth pursuing further. You should contact a qualified personal injury attorney in your area as soon as possible.

    Disclaimer- The information you obtain at our web-site or through postings on such sites as this is not, nor is it... more
  3. Andrew Lawrence Weitz

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    Answered . "No contact" cases can be tricky at trial (and almost always lead to a denial of claim by the no fault carrier). This description, however, looks like a very makeable case. Was the cyclist wearing a helmet? Was there any head injury along with the c-spine injury? How far from the car was he when he jammed on the brakes? When did he first notice the car? What does the driver state on the accident report? There are dozens more questions, but this is a start. Find local counsel, maybe in Rochester.

    The opinions expressed in this answer are not intended to be taken as legal advice. These opinions are based on... more
  4. Steven Miller

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    Contributor Level 11

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    Answered . You may very well have recourse and a good case. Call a personal injury attorney at once.

    This answer is not intended as legal advice, nor as a substitute for legal advice received from an attorney during... more
  5. Josh P Tolin

    Contributor Level 19

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    Answered . With a C-2 fracture, you really need good representation. That is a serious injury and you should find someone in your area who does a lot of personal injury work and retain someone quickly. good luck.

  6. Jeffrey Mark Adams

    Contributor Level 20

    4

    Lawyers agree

    Answered . Very likely.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and... more
  7. David Ian Schoen

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    Contributor Level 20

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    Answered . It all depends on the facts. Consult with a local personal injury attorney ASAP

  8. Christian K. Lassen II

    Pro

    Contributor Level 20

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    Lawyers agree

    Answered . Most likely. Have a personal injury lawyer investigate the facts and circumstances

Related Topics

Bike accidents and personal injury

Bike accidents that cause personal injury may entitle the rider to compensation. Bad parts, careless drivers, and poor roads can all pose dangers to bicyclists.

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