What if the driver at fault in a bicycle accident flees the scene?
If the driver at fault in a bicycle accident flees the scene in New York, the cyclist can still pursue compensation for their losses. Generally, the cyclist would file a claim or lawsuit with the at-fault driver’s insurance company. If the at-fault driver does not have insurance, the cyclist may be able to file a claim under their own uninsured motorist coverage if they have it. The cyclist could also consider filing a claim with their own health insurance or disability insurance if available. If the fleeing driver is located, they can be held liable for the cyclist’s damages, both under criminal law and tort law. In criminal law, the driver may be charged for a hit-and-run offense. Under tort law, the cyclist can bring a lawsuit against the driver for negligence. The cyclist would have to prove that the driver acted negligently, which caused the accident and the cyclist’s injuries. Because the accident involved a bicycle, it is important that the cyclist contact an experienced bicycle accident attorney who understands the complexities of bicycle accident law in New York. An experienced attorney can help the cyclist navigate the civil justice system in pursuit of compensation for their losses.
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