Yes. If you were hit by a car while riding a bike in Buffalo, you have the right to sue the driver responsible. How much you can recover depends on the severity of your injuries, who was at fault, and how quickly you act after the crash.
Most people don't think about their legal rights when they're lying in the road. They're thinking about the pain, the shock, the twisted metal that used to be their bicycle. Then comes the ambulance, the hospital, the bills. At some point, usually too late, someone mentions that they should have called a bike accident lawyer weeks ago. The evidence was still there. The witnesses were still reachable. The driver's insurance company was already building its defense.
This post explains how bicycle accident claims work in New York, what injured cyclists in Buffalo need to prove, and what mistakes can quietly kill an otherwise strong case.
Call us 24/7 at 716-854-1300 to speak with a personal injury lawyer near you, or contact us for a FREE consultation.
Cyclists have the same right to use Buffalo's roads as drivers do. Under New York law, a bicyclist struck by a negligent driver has the right to pursue a personal injury claim for their losses.
Negligence is the legal foundation. To hold a driver responsible, you need to show they had a duty to drive carefully, they breached that duty, and their breach caused your injuries. That sounds simple. In practice, drivers and their insurance companies work hard to complicate it.
Common forms of driver negligence in Buffalo bicycle accident cases include:
Any of these can form the basis of a bicycle accident personal injury claim in Buffalo. The key is proving it happened and connecting it directly to your injuries.
Getting hit by a car on a bike is not like getting hit by a car in another car. There is no steel frame around you. No airbag. No crumple zone absorbing the impact. The human body takes the full force of the collision.
Head injuries are the most serious. Traumatic brain injuries, skull fractures, and concussions are common even when a cyclist is wearing a helmet. The long-term consequences of a head injury can include cognitive problems, mood changes, chronic headaches, and an inability to return to work.
Broken bones come up in nearly every significant bicycle accident case. Wrists, arms, collarbones, and legs absorb impact during a fall. Pelvic fractures are particularly serious and often require surgery and extended rehabilitation.
Spinal injuries happen when a cyclist is thrown from the bike and lands hard. Herniated discs, vertebral fractures, and nerve damage can mean months of treatment, physical therapy, and in severe cases, permanent disability.
Road rash sounds minor. It isn't. Deep abrasions that tear through multiple layers of skin can require skin grafts, carry infection risk, and leave permanent scarring.
Internal injuries may not be immediately obvious after a bicycle accident. That's why getting medical treatment the same day matters even when you think you walked away okay.
The actions you take in the first hours after a bicycle accident can protect your case or quietly destroy it.
Call 911. A police report creates an official record of the crash. Without one, the driver can later claim the accident never happened or dispute the facts.
Stay at the scene until police arrive. Get the driver's name, license plate, insurance information, and contact details. If there are witnesses, get their names and phone numbers before they leave.
Document everything you can. Photos of your bike, your injuries, the vehicle, the road conditions, skid marks, nearby signage, and the surrounding area. If the crash happened near a business on Elmwood Avenue, Delaware Avenue, or any other Buffalo street with surveillance cameras, note that. Those cameras may have captured the collision.
Get medical treatment the same day. Even if you feel like the adrenaline carried you through, injuries from bicycle accidents often become much worse within 24 to 72 hours. A same-day medical record also closes the door on insurance company arguments that your injuries came from something else.
Do not give a recorded statement to the driver's insurance company before speaking with a bicycle accident attorney in Buffalo. Insurance adjusters are trained to ask questions in ways that minimize what the company pays. Anything you say becomes part of the record.
New York is a no-fault insurance state. That means after most motor vehicle accidents, injured people turn to their own insurance first for medical expenses and lost wages, regardless of who caused the crash.
Bicycles are not motor vehicles under New York's no-fault law. That changes things.
As a cyclist, you are not required to carry no-fault insurance, and you cannot file a no-fault claim through your own auto policy simply by virtue of owning a car. However, you may be able to access the driver's no-fault coverage as a pedestrian-type claimant in some situations. This area of the law is specific to the facts of each case and worth discussing with a bicycle accident attorney in Buffalo early on.
What this means practically is that cyclists injured by negligent drivers in Buffalo typically pursue a direct personal injury claim against the driver and their insurance company rather than going through a no-fault process. There is no serious injury threshold to meet before bringing a claim. You can seek full compensation for medical expenses, lost wages, pain and suffering, and other damages through a standard negligence lawsuit.
The damages available in a bicycle accident personal injury case cover both the financial and personal impact of the crash.
Economic damages are the measurable financial losses. These include:
Non-economic damages cover what can't be put on a receipt. Pain and suffering, emotional distress, loss of enjoyment of activities you can no longer do, and the impact the injuries have had on your relationships and daily life. These damages can be significant in serious bicycle accident cases and are often the largest component of a recovery.
In New York, the statute of limitations for a personal injury claim is three years from the date of the accident. If you were hit by a car on your bike in Buffalo and you don't file a lawsuit within three years, you lose your right to pursue the case. The court will dismiss it.
Three years feels comfortable until it isn't. Evidence disappears. Witnesses move away or stop responding. Surveillance footage is gone within days unless someone acts quickly to preserve it. Insurance companies count on delay working in their favor.
If the driver who hit you was operating a government vehicle, a city bus, or any vehicle connected to a municipal entity, the rules are stricter. You may be required to file a notice of claim within 90 days of the accident. Missing that window can bar your entire personal injury case before it begins.
A bicycle accident attorney in Buffalo can identify every applicable deadline and make sure nothing slips.
Expect it. Shifting blame onto the cyclist is one of the most common insurance defense tactics in Buffalo bicycle accident cases.
New York follows pure comparative negligence. That means your recovery is reduced by your percentage of fault, but you can still recover even if you were partly responsible for the crash. If a jury finds you were 25% at fault and the driver was 75% at fault, you recover 75% of your total damages.
Drivers and their insurers may argue you ran a light, weren't wearing a helmet, were riding the wrong way on a one-way street, or failed to use a bike lane. Some of those arguments may affect your percentage of fault. None of them automatically end your case.
Helmet use is worth addressing directly. New York does not require adult cyclists to wear helmets. Not wearing one does not bar your personal injury claim. It may, however, become part of the fault argument in cases involving head injuries.
Can you sue a driver who hit you on your bike in Buffalo even if you weren't in a bike lane? Yes. Cyclists have the legal right to ride on most Buffalo roads, with or without a dedicated bike lane. Being outside a bike lane does not eliminate your right to sue a negligent driver.
What if the driver who hit you was uninsured? You may still have options. If you have your own auto insurance policy with uninsured motorist coverage, that coverage may apply to a bicycle accident. A bicycle accident attorney in Buffalo can review your policy and identify every available source of recovery.
How long does a bicycle accident personal injury case take in Buffalo? Most cases settle before trial. The timeline depends on the severity of the injuries, how long treatment takes, and how aggressively the insurance company contests the claim. Cases involving serious injuries with ongoing medical expenses often take longer because it's important to understand the full scope of damages before settling.
Does it matter where in Buffalo the bicycle accident happened? The location can affect the case in a few ways. Crashes near high-traffic intersections, known construction zones, or areas with poor road conditions may involve additional defendants beyond the driver. If the crash happened near a city-maintained road with known hazards, there may be a claim against a government entity, which brings its own strict deadlines.
What if you were hit by a car while riding your bike and the driver fled? A hit-and-run bicycle accident is still a personal injury case. Report the crash to Buffalo police immediately. Document everything you can about the vehicle. Your own auto insurance policy's uninsured motorist coverage may cover a hit-and-run situation. Contact a bicycle accident attorney in Buffalo right away.
If you were hit by a car on your bike in Buffalo, you may have a personal injury claim worth pursuing. Contact RK&L today to speak with a bicycle accident attorney in Buffalo who can review what happened, explain your options, and fight for the compensation you deserve.
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