Fighting for Victims in
Times of Need
Times of Need
Bicycle Accident Wrongful Death
A bicycle accident is one of the few traffic collisions in which one person has little protection against the force of a moving vehicle. When a cyclist is struck by a vehicle, the consequences are often catastrophic. Tragically, some crashes result in fatal injuries, leaving families to cope with an unexpected loss while searching for answers about how the collision occurred and whether it could have been prevented. It can be especially painful to lose a loved one, only to find that their death was caused by negligence and need not have happened in the first place.
The Law Office of Mark A. Siesel has extensive experience handling complex personal injury litigation involving fatal motor vehicle accidents, bicycle accidents, catastrophic injuries, medical malpractice, and wrongful death, providing clients with knowledgeable representation when the stakes are high. Most importantly, our team is compassionate and genuinely cares about you and your future. Contact our firm today to schedule a free consultation to discuss your case.
Why Bicycle Accidents So Commonly Lead to Fatalities
Unlike the occupants of passenger vehicles, cyclists have very little to protect them in a collision. Even when wearing a properly fitted helmet and other safety equipment, a bicyclist remains exposed to the full force of impact. As a result, crashes involving motor vehicles are far more likely to cause life-threatening or fatal injuries than many other types of traffic accidents.
The severity of bicycle collisions is often influenced by several factors, including vehicle speed, the size and weight of the vehicle involved, the point of impact, and whether the cyclist is thrown onto the roadway or struck more than once.
Common Causes of Fatal Bicycle Accidents
Fatal bicycle accidents are often preventable and may be caused by:
- Failure to yield the right-of-way: Drivers may strike cyclists while making left or right turns, entering intersections, or pulling out of driveways or parking lots after failing to see or properly yield to a bicyclist.
- Left-cross collisions: These crashes occur when an oncoming driver turns left across a cyclist’s path. They frequently happen at intersections when a motorist misjudges the cyclist’s speed or fails to notice them altogether.
- Right-hook collisions: A right-hook collision happens when a driver overtakes a cyclist and then turns right across the cyclist’s path. These crashes are especially common in urban areas and near intersections, where cyclists may be traveling straight while vehicles prepare to turn.
- Distracted driving: Looking at a cell phone, adjusting a GPS, eating, or engaging in other distractions can prevent a driver from noticing a cyclist until it is too late to avoid a collision.
- Speeding: Excessive speed reduces reaction time and dramatically increases the force of impact, making fatal injuries more likely.
- Unsafe passing: Drivers who pass too closely, fail to provide adequate clearance, or cut off cyclists can strike a cyclist or force them off the road.
- Dooring accidents: A driver or passenger who opens a vehicle door into the path of an approaching cyclist may cause a devastating crash, particularly if the cyclist is thrown into moving traffic.
- Failure to check blind spots: Drivers changing lanes, merging, or turning without properly checking mirrors and blind spots may collide with cyclists traveling alongside their vehicles.
- Commercial truck and bus negligence: Large trucks and buses have significant blind spots and require greater stopping distances. Cyclists are especially vulnerable when these vehicles turn, merge, or pass without accounting for nearby bicycle traffic.
- Impaired driving: Alcohol or drug impairment can affect a driver’s judgment, reaction time, and ability to recognize cyclists sharing the roadway.
- Dangerous road conditions: Potholes, uneven pavement, inadequate signage, poorly designed bicycle lanes, debris in the roadway, and hazardous intersections may contribute to a fatal crash. Depending on the circumstances, a municipality or another responsible party may share liability.
- Defective vehicle or bicycle components: Although less common, mechanical failures such as defective brakes, steering systems, tires, or bicycle components may contribute to a fatal accident and lead to claims against manufacturers or other responsible parties.
Because every fatal bicycle accident is different, a thorough investigation is often necessary to determine whether one or multiple parties contributed to the collision. Our law firm works with a network of accident reconstruction experts and private investigators to get reliable data about the cause of a crash.
New York Wrongful Death Laws
New York law allows certain claims to be brought when a person’s death is caused by the wrongful act, neglect, or default of another individual or entity. A wrongful death lawsuit seeks to recover compensation for the losses suffered as a result of the death and to hold the responsible parties accountable under the law.
One aspect of New York law that surprises many families is that a wrongful death claim is not filed directly by surviving relatives. Instead, the claim must generally be brought by the personal representative of the deceased person’s estate on behalf of the eligible beneficiaries. If an estate has not yet been established or an executor or administrator has not been appointed, that process may need to occur before a lawsuit can proceed.
A wrongful death claim is separate from any claim the deceased person could have brought had they survived. In many cases, the estate may also pursue a survival action to recover damages related to the injuries the cyclist suffered before death, including conscious pain and suffering, medical expenses, and other losses permitted by law. These claims are often pursued together but serve different legal purposes.
Recoverable damages in a New York wrongful death case may include financial losses resulting from the death, such as lost income and benefits, funeral and burial expenses, the value of services the deceased would have provided to the family, and other economic damages recognized under New York law. Depending on the circumstances, additional damages may also be available through related claims brought on behalf of the estate.
Because wrongful death cases involve unique procedural requirements and complex questions regarding who may recover damages, families are often best served by seeking legal guidance as early as possible. An attorney can help preserve evidence, identify all potentially responsible parties, and ensure that important legal deadlines are met while allowing the family to focus on mourning their loved one.
It is also crucial to consult with a lawyer early because the statute of limitations in these cases is typically two years, compared to three years for many personal injury claims. If your claim is against a municipality, the timeline may be even shorter still.
It May Be Difficult to Think About Legal Action After Losing a Loved One
After a fatal bicycle accident, pursuing a legal claim is often the last thing on a family’s mind. Most people are focused on grieving, making funeral arrangements, supporting one another, and simply getting through each day. Those reactions are completely understandable.
Unfortunately, the financial consequences of a wrongful death do not wait. Families may suddenly face the loss of a loved one’s income and benefits, the loss of the care and support that person provided every day, and all the bills that come with a passing. Unlike many financial setbacks, these losses are permanent and can affect a family’s future for years to come.
A wrongful death claim cannot undo what happened or replace the person who was lost. What it can do is help ease the financial burdens created by someone else’s negligence, provide a measure of accountability, and help secure the resources surviving family members may need moving forward.
If you are not sure whether pursuing a claim is the right decision, consulting with an attorney gives you the opportunity to understand your legal rights, learn about any important deadlines, and make an informed decision when you are ready.
At The Law Office of Mark A. Siesel, we understand this is a difficult time, which is why we take on much of the burden of the claim. When you work with us, we handle the investigation, filing, building a case, and the other parts of a claim, so you can focus on healing.
FAQs About Fatal Bicycle Accidents
What if no criminal charges were filed against the driver?
A driver does not have to be charged with or convicted of a crime for a family to pursue a wrongful death claim. Civil cases and criminal cases proceed independently of one another.
Can a wrongful death claim still be brought if the cyclist was wearing dark clothing or riding at night?
Possibly. Drivers have a duty to keep a proper lookout and operate their vehicles safely under existing conditions, including at night or during periods of reduced visibility. Whether visibility played a role is only one of many factors that may be considered when investigating a fatal bicycle crash.
Can helmet use affect a wrongful death case?
Questions about helmet use sometimes arise during bicycle accident investigations, but the answer depends on the circumstances of the collision and the injuries involved. Whether a helmet would have changed the outcome is often a complex issue that may require medical or engineering experts.
Why is crash reconstruction important in fatal bicycle cases?
Crash reconstruction experts can analyze vehicle damage, roadway markings, impact locations, electronic data, and other evidence to help explain how the collision occurred.
What if the collision happened on a roadway without a designated bike lane?
Cyclists are not required to ride only where bike lanes exist. The absence of a bicycle lane does not automatically mean the cyclist was at fault or prevent the family from pursuing a wrongful death claim.
What if the driver claims they “never saw” the cyclist?
This is very common, but that statement does not excuse the collision. One of the central questions in many fatal bicycle cases is whether a reasonably attentive driver should have seen the cyclist and taken action to avoid the crash.
What if my loved one was riding a rental or bike-share bicycle?
In many cases, the fact that the bicycle was rented has little effect on a claim against a negligent driver. However, if a mechanical problem with the bicycle or another defect contributed to the crash, the company responsible for maintaining or supplying the bicycle may also need to be investigated.
What if my loved one was killed while working as a bicycle courier or delivery driver?
Depending on the circumstances, workers’ compensation death benefits may be available, and there may also be claims against the negligent driver or other responsible parties. Whether the cyclist was classified as an employee or an independent contractor can affect the benefits and legal options available, making it important to have the circumstances carefully reviewed by an experienced personal injury lawyer.
Does it matter if my loved one was riding an e-bike?
Like traditional cyclists, e-bike riders have legal rights when they are injured or killed because of another person’s negligence. However, the type of e-bike involved, how fast it was traveling, and whether it complied with New York law may become relevant during the investigation.
If You Have Lost a Loved One, Schedule a Free Consultation
Since earning his law degree from Brooklyn Law School and beginning his legal career in New York, Mark A. Siesel has built a practice dedicated to advocating for injured individuals across the state. From the firm’s offices in White Plains and Peekskill, clients receive experienced, compassionate representation backed by decades of courtroom experience and a commitment to personalized service. If someone you love has been killed in a bicycle accident, contact The Law Office of Mark A. Siesel today for a free case evaluation.