What if a bicyclist collides with a motor vehicle while trying to avoid a pothole?
If a bicyclist collides with a motor vehicle while trying to avoid a pothole in New York, the bicyclist may have a legal claim against the owner or driver of the motor vehicle. In New York, a motorist is legally required to take reasonable care to avoid colliding with cyclists. This means that they must take proper care while driving, such as yielding the right of way to cyclists, checking for cyclists before turning, and adhering to speed limits. If the motorist fails to take these measures and a cyclist is injured as a result, the cyclist may be able to recover damages from the motorist. The cyclist may also have a legal claim against the party responsible for maintaining the road if the pothole contributed to the accident. In New York, the state or local municipality responsible for roadway maintenance must keep the road in a reasonably safe condition for drivers and cyclists. If a pothole is present and wide enough to cause an accident, the cyclist may be able to recover damages from the responsible party. To do so, the cyclist would need to show that the responsible party was aware of the pothole and had reasonable time to repair it. It is important for cyclists to know their rights and understand their legal options after a bicycle accident. If a cyclist has been injured due to a collision with a motor vehicle or due to a dangerous road condition, they should consider seeking legal guidance from an experienced bicycle accident attorney. An attorney can help the cyclist understand their legal rights and develop the strongest case possible for the successful recovery of damages.
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