Can I Still Sue After Running a Red Light on My Bicycle in the Bronx?
Cyclists may be tempted to run red lights in the Bronx – especially when an intersection seems empty. After all, your potential to cause harm is relatively small given the nature of your vehicle. However, it is important to also consider the threat other vehicles pose to you in this scenario. If you’re not careful, you could suffer serious injuries after running a red light. You might also assume that your traffic violation disqualifies you from filing an injury claim in the aftermath. But is this really true? To find answers, you may need to consult with a Bronx bicycle accident lawyer.
Hit-and-Run Driver Kills Cyclist in the Bronx
On February 24th of 2024, it was reported that a cyclist had been killed by a hit-and-run driver in the Bronx. According to the NYPD, the cyclist initially ran a red light – proceeding into the intersection before being struck and killed by a motorist. The victim apparently went through the red light at around 6 AM on Friday and was hit by a Jeep Grand Cherokee. Despite the cyclist’s apparent contribution to their own death, the driver of the Jeep elected to flee the scene.
Meanwhile, the cyclist was rushed to a nearby hospital, where they eventually succumbed to their injuries. It is not clear whether this cyclist was operating a traditional bicycle or an e-bike, but reports seem to suggest that they were traveling at a high rate of speed at the time of the collision. The Gothamist mentions the high rate of fatalities among e-bike riders in the city. However, they do not explicitly state that the victim was operating an e-bike.
Can You Still Sue After Running a Red Light on a Bike?
Generally speaking, New York uses a “no-fault” system when dealing with auto accidents. Cyclists cannot obtain no-fault insurance in the same way as motorists. In order to obtain compensation, they may need to file a claim through the at-fault driver’s policy. If the driver successfully flees after the accident, this obviously becomes challenging. That being said, the cyclist may also own a motor vehicle – and they may have no-fault insurance for this vehicle. In this case, the no-fault insurance may cover the accident – even if the cyclist was not operating a motor vehicle at the time of the accident.
Deaths may lead to personal injury lawsuits due to their serious nature. In this case, families may wish to pursue legal action against the at-fault drivers directly. New York follows a “pure” comparative negligence doctrine with personal injury lawsuits – which means that the decision to run a red light may not disqualify a family from suing. Instead, it may simply reduce the total compensation that they may receive. Speak with a qualified personal injury attorney for more detailed information.
Key Takeaways
- Cyclists are expected to follow the same traffic rules as motor vehicles
- A no-fault claim may be possible after a bicycle accident in New York
- Comparative negligence may mean you were only partially responsible for the crash
Find a Qualified Bicycle Accident Attorney in the Bronx
If you’ve been searching for a qualified, experienced New York personal injury attorney, look no further than Cohan Law, PLLC. Over the years, we have helped numerous injured plaintiffs throughout the New York area – including injured cyclists. While running a red light may complicate your injury claim, you may still be eligible for compensation. Each accident is different, and it makes sense to discuss your unique circumstances alongside an attorney. Reach out today to get started with an effective action plan.
Sources:
gothamist.com/news/bronx-cyclist-dead-after-fatal-hit-and-run-nypd-says
law.cornell.edu/wex/comparative_negligence