A Buffalo bicycle accident lawyer helps injured cyclists recover money after a driver hits them, whether the crash left you with road rash and a totaled bike or a broken back and months out of work. At Rosenthal, Kooshoian & Lennon, LLP, we handle the insurance, prove the driver was at fault, and fight for everything you're owed while you heal.
Cycling around Buffalo should be one of the good parts of living here, not a trip to the emergency room. But when a two-ton car meets a person on a bike, the person loses every time, and drivers who "just didn't see" the cyclist cause most of it. If a crash hurt you, our bicycle accident attorneys can help. This is one focus of our broader Buffalo car accident and personal injury practice, so the full weight of the firm is behind your case from day one.
Call us 24/7 at 716-854-1300 to speak with a personal injury lawyer near you, or contact us for a FREE consultation.
Yes, and this surprises almost everyone. If a car, truck, or bus hits you while you're on a bike, that vehicle's no-fault insurance pays your medical bills and lost wages, no matter who caused the crash. You don't need your own car insurance, and you don't have to prove the driver was at fault to get these benefits.
This is a real difference from motorcycle cases, where no-fault usually doesn't apply. As a cyclist struck by a motor vehicle, you're treated much like a pedestrian: the insurer of the vehicle that hit you covers your basic economic losses right away. There's one deadline you can't miss, though. A no-fault claim generally has to be filed within 30 days of the crash, so this is not the kind of thing to sit on. Get medical care, then call a lawyer, and we'll make sure the paperwork is done right and on time.
Often, yes. No-fault covers your medical bills and lost wages, but it doesn't pay for your pain, your suffering, or the life the crash took from you. To recover for those, you generally have to show you suffered a serious injury under New York law, and cyclists hit by cars frequently do.
Serious injuries, broken bones, nerve damage, a significant limitation in how you move or function, are exactly the kind that clear that bar and open the door to a full injury claim against the at-fault driver. That claim is where the real value of a case usually lives, on top of the no-fault benefits.
Nearly all of them come down to a driver not paying attention or not respecting a cyclist's space. The classic is a driver turning across a bike lane or opening a door into one, but distracted driving, failure to yield, and unsafe passing cause plenty too.
The "right hook" and "left cross" are the ones we see over and over, where a driver turns directly across a cyclist's path at an intersection or driveway, either misjudging the bike's speed or never seeing it at all. Dooring is another, when someone throws open a car door into the path of a passing rider without looking. Add distracted drivers glued to a phone, drivers who buzz past far too close, and the potholes and cracked pavement that a Buffalo winter leaves behind, and you have the recipe for most of the crashes our bicycle accident lawyers handle.
Usually the driver, but not always entirely. New York expects drivers to share the road and use real care around cyclists, so a motorist who turns, passes, or opens a door carelessly is typically on the hook. That said, New York's comparative fault rule means fault can be split, and insurers love to argue the cyclist was partly to blame.
You've probably heard the assumptions: the cyclist ran a light, wasn't wearing bright clothes, came out of nowhere. Adjusters lean on that bias hard, because every bit of fault they pin on you is money off your recovery. Comparative fault also cuts the other way in your favor, though. Even if you were partly responsible, you can still recover, with your share simply reducing the amount. Our job is to hold the line on that number with real evidence, from the crash scene to the driver's own statements.
New York only requires helmets for cyclists under 14. Adults aren't legally required to wear one, and not wearing a helmet generally won't bar you from recovering after a driver hits you. It's still smart to wear one, but going without doesn't hand the driver a free pass.
Insurers sometimes try to use a missing helmet to chip away at a head-injury claim. Whether that argument goes anywhere depends on the specific injuries and facts, and it's something we're ready to push back on. Don't let anyone talk you out of a legitimate claim just because you weren't wearing one.
Beyond the no-fault benefits that cover your early medical bills and lost wages, a claim against the at-fault driver can recover your pain and suffering, future medical care, long-term lost earning power, and the cost of replacing your bike and gear. In a case of real recklessness, punitive damages may be possible as well.
What your case is worth depends on how badly you were hurt and how the injury reshapes your life. A broken collarbone that heals in a couple of months is one thing. A traumatic brain injury or a spinal injury that follows you for decades is another entirely. Our Buffalo bicycle accident attorneys build the number carefully, working with your doctors and, when it matters, economic and medical experts, so the demand reflects the whole cost of the crash rather than the insurer's opening lowball.
Your health comes first, and so does the evidence. What you do in the first hour and the first few days can shape the whole case. Get checked out, get the crash documented, and be careful what you say to the insurance company before you talk to a lawyer.
A short checklist worth keeping in mind:
Generally three years from the date of the crash to sue the at-fault driver. Two other clocks run faster, though: the 30-day deadline to file your no-fault claim, and, if a government vehicle was involved, a formal notice that can be due within 90 days.
Three years sounds like plenty, but evidence doesn't wait that long. The safest move is simple: talk to a lawyer early, so no deadline slips and nothing important disappears.
The riskiest spots are the ones where bikes and cars share tight space: busy urban corridors, intersections with heavy turning traffic, and the seams where a bike lane or trail meets the road. Elmwood Avenue, Delaware Avenue, and the streets around downtown and the Medical Corridor see plenty of close calls and crashes.
Riders also get hurt where the Scajaquada and other multi-use paths cross car traffic, and along commercial stretches where drivers are hunting for parking or a turn and stop watching for cyclists. Add a Western New York spring full of potholes and road debris, and even a careful rider on a familiar route can get put down by someone else's mistake. Wherever your crash happened, our bicycle accident attorneys know the roads and the conditions that led to it.
Cyclists have almost nothing between them and the road, so the injuries tend to be serious. Road rash, broken bones, and wrist and collarbone fractures are common, and the worst crashes bring head injuries, spinal damage, and facial and dental trauma.
Even a rider wearing a helmet can suffer a concussion or a traumatic brain injury, and injuries to the shoulders, hips, and knees can linger for months or turn into lasting problems. Because some of the most serious harm, internal injuries and brain trauma among them, doesn't always show up right away, getting examined after any crash isn't just good for your health, it protects your claim.
Two reasons: the injuries are worse, and the bias runs against the cyclist. A rider walks away from far fewer crashes than a driver does, and juries and adjusters often carry a quiet assumption that the cyclist must have done something wrong. Beating that assumption takes evidence and experience.
The no-fault wrinkle makes these cases their own animal too. Knowing that the striking vehicle's insurance owes you benefits, and moving fast to claim them, can put money toward your medical bills while the larger case builds. Handling both tracks at once, the immediate no-fault benefits and the full injury claim against the driver, is exactly the kind of thing our Buffalo bicycle accident lawyers do every day.
We move quickly and we don't cut corners. The first days are about locking down evidence and getting your no-fault benefits started. From there, we build the injury case against the driver piece by piece, and we prepare it as if it's going to trial, because that's what makes insurers pay attention.
Early on, our attorneys secure the police report, track down witnesses and any nearby video, document your bike and the roadway, and get your medical treatment on record. We handle the calls with the insurance companies, both the no-fault carrier and the driver's liability insurer, and we counter the fault-shifting arguments cyclists always face. Most cases resolve through negotiation or mediation. When an insurer won't deal fairly, we're ready to file suit in New York State Supreme Court and take it the distance. We keep these cases in house from start to finish, and nothing gets handed off.
We represent injured people across Western New York, and we handle bicycle accident cases the same way we handle every case, in house, start to finish, through settlement, trial, and appeal. We know these streets, these courts, and the tired excuses drivers and insurers reach for after they hit a cyclist.
Cyclists deserve a firm that takes their injuries seriously and isn't afraid to try the case. That's what we bring, along with straight answers in plain language, so you always know where your case stands. You focus on healing. We'll handle the fight.
If a driver hurt you while you were riding anywhere in Buffalo or Western New York, the attorneys at Rosenthal, Kooshoian & Lennon, LLP are ready to help. Contact us for a free consultation, and a Buffalo bicycle accident lawyer will review your crash, explain how no-fault and your injury claim fit together, and lay out your options, with no fee unless we recover for you.
Don't wait on that 30-day no-fault deadline. The sooner we start, the more we can do to protect your benefits, your evidence, and your right to full compensation.
Call us 24/7 at 716-854-1300 to speak with a personal injury lawyer near you, or contact us for a FREE consultation.
Our results are driven by personalized strategies that are hand-crafted to fit your needs.
You’re not just a client to us. You are our partner, and we would be honored to make you our next success story.
As former prosecutors and experienced attorneys, we can anticipate how your case will be handled by the other side and tactics insurance companies will use.