Were you injured in a bicycle accident in Amherst, NY?
At Hurwitz, Whitcher & Molloy, we help injured clients in Amherst pursue full recovery in bicycle accident matters.
If you were injured in a bicycle accident in Amherst, our Amherst, NY bicycle accident lawyer can investigate the crash, identify each responsible party, and pursue compensation for your medical costs, lost income, and pain and suffering. Hurwitz, Whitcher & Molloy also handles communication with every insurer involved, including the No-Fault carrier and the at-fault driver’s liability insurer. Contact our office to schedule a free consultation.
Bicycle Accident Lawyer Amherst, NY
A bicycle accident claim is a request for compensation that an injured cyclist brings against the person or entity whose negligence caused the crash. Most cyclists pursue claims against a motorist and that motorist’s insurer, while others name a commercial vehicle owner, a contractor working in the roadway, or the public body responsible for the pavement.
New York recorded 49 bicyclist deaths in 2023, which was 4.4 percent of all traffic fatalities in the state, while the national share was 2.9 percent, according to NHTSA crash data. Our Amherst bicycle accident attorney examines how the collision happened, which insurance policies apply, and whether a town, county, or state agency bears responsibility, since claims against public entities carry shorter filing deadlines than claims against private drivers.
Types of Bicycle Accident Cases We Handle in Amherst
Bicycle accidents in Amherst occur on village streets, residential roads, and multilane state routes. Many of these crashes involve more than one negligent party.
- Right-hook and left-turn collisions. A driver turns across a rider’s path at an intersection, driveway, or plaza entrance. We obtain witness accounts, signal information, and available video to show that the driver failed to yield.
- Dooring crashes. A parked motorist opens a door into an approaching cyclist, most often on blocks with street parking. We document the door position and the rider’s lane position to establish that the occupant failed to check for oncoming traffic.
- Rear-end and unsafe passing collisions. A driver follows too closely or passes without leaving adequate clearance. We use the damage to the bicycle and the vehicle to establish the angle of impact and answer any claim that the rider swerved.
- Truck accidents. Delivery trucks and box trucks make wide turns and have large blind spots that can conceal a cyclist. We pursue these claims against the commercial carrier and its insurer, using driver records and onboard camera footage.
- Hit-and-run and uninsured driver crashes. If the driver leaves the scene or carries no insurance, other coverage may still pay for the rider’s injuries. We identify each policy that could apply to the claim.
- Road defect crashes. A pothole or pavement defect can throw a rider from the bicycle with no vehicle involved. We bring these claims against the entity that maintains the road and file them within the short deadlines that govern claims against public bodies.
- Fatal bicycle crashes. When a cyclist dies, the estate may pursue a wrongful death claim for the family’s financial losses and funeral expenses. We guide the estate representative through each stage of the case.
Why Choose Hurwitz, Whitcher & Molloy as My Bicycle Accident Lawyer in Amherst, NY?
Four Decades of New York Injury Practice
Michael J. Whitcher was admitted to practice law in New York in 1986 and has been with our firm since 1992, where his practice includes personal injury claims. Mr. Whitcher graduated magna cum laude from the State University of New York at Buffalo in 1982 and is a member of Phi Beta Kappa. He earned his law degree in 1985 from UB School of Law, which now sits on the university’s North Campus in Amherst.
He is a member of the Torts, Insurance and Compensation Law Section of the New York State Bar Association and the Bar Association of Erie County. That combined background in injury claims and insurance law is what an injured cyclist should expect from a personal injury lawyer in Amherst, NY.
Coordinated Handling of No-Fault and Injury Claims
When a bicycle crash involves a motor vehicle, New York’s No-Fault benefits system typically pays the rider’s initial medical bills and part of the rider’s lost wages while the injury claim proceeds. Kathleen A. Molloy, who has been with our firm since 1994, concentrates part of her practice on New York State No-Fault benefits. Our firm handles both the No-Fault application and the negligence claim, which keeps your medical and wage records consistent between the two.
Understanding Bicycle Accident Cases
Damages, Liability, and Compensation for Bicycle Accident Cases
To recover compensation, you must show that a driver, company, or public entity failed to use reasonable care and that this failure caused your injuries. New York’s comparative fault statute, CPLR 1411, reduces your compensation in proportion to your own share of fault. A 2026 amendment added a stricter rule for personal injury actions that fall under the state’s motor vehicle No-Fault law: if your share of fault is greater than that of the defendants, you recover nothing. For crashes outside that system, such as a fall caused solely by a road defect, the proportional reduction still applies.
Riders with catastrophic injuries, including brain and spinal cord trauma, often have the largest future medical and wage losses.
- Medical expenses: Emergency care, surgery, physical therapy, and treatment you will need in the future.
- Lost earnings: Wages you missed during recovery, along with any reduction in your ability to earn later.
- Pain and suffering: Physical pain, lasting limitations, and loss of enjoyment of life.
- Property damage: The bicycle, helmet, and other equipment damaged in the crash.
What Are Important Aspects of a Bicycle Accident Case?
New York law sets different filing deadlines depending on who caused the crash. Evidence of fault also becomes harder to obtain in the weeks after a collision.
- Under CPLR 214, you must file most personal injury lawsuits within three years of the crash.
- For a claim against a town, county, or other public corporation, you must serve a written notice of claim within 90 days under General Municipal Law 50-e. Section 50-i then requires you to file the lawsuit within one year and 90 days of the crash.
- If a motor vehicle was involved, No-Fault benefits typically cover initial medical bills and part of lost earnings regardless of who caused the collision.
- Photographs of the scene, the bicycle, and visible injuries preserve details that are lost once the road is cleared.
What Is The Bicycle Accident Case Timeline?
The length of a case depends on the severity of the injuries and the number of insurers involved. A claim with clear liability and completed treatment generally resolves sooner than one that requires a lawsuit.
- Treatment and records. You receive medical care, and your records document the nature and extent of your injuries.
- Investigation. We collect the police report, witness statements, video, and the damaged bicycle.
- Insurance claims. We submit the No-Fault application and the liability claims with supporting documents.
- Negotiation. Adjusters frequently dispute fault or the need for treatment, two of the tactics insurance companies use to lower payouts.
- Litigation. If negotiation does not produce fair compensation, we file the case in Erie County Supreme Court, where it proceeds through discovery and, if unresolved, trial.
What Should You Bring to Your Bicycle Accident Consultation?
Records from the first days after a crash contain the most detail about how it happened. If you do not have an item yet, we can request it for you later.
- The police report or incident number from the responding agency
- Photographs of the scene, your bicycle, your helmet, and your injuries
- Medical records, bills, and discharge instructions
- Insurance cards, plus any letters or emails from an insurer
- Pay stubs or other proof of lost income
During the consultation, our Amherst bicycle accident attorney reviews how the crash occurred, the insurance coverage involved, and the deadlines that apply to your claim. We then explain whether you appear to have a viable claim and what the next steps would involve.
Most Dangerous Locations for Bicycle Accidents in Amherst
Streets and intersections
- Maple Road at North Bailey Avenue: The Town of Amherst is advancing an intersection project to address congestion, operational deficiencies, and safety concerns at this location.
- Main Street through Williamsville: Street parking, closely spaced driveways, and turning traffic along the village’s commercial blocks create dooring and turning conflicts for riders.
- Roads around UB’s North Campus: Student and commuter cycling mixes with campus-bound traffic arriving from Millersport Highway and connecting streets.
State highways and expressway interchanges
- Niagara Falls Boulevard (U.S. Route 62): A joint Amherst and Tonawanda safety audit found a corridor designed around motor vehicles, with numerous driveways and highway ramps and no significant bicycle accommodations on the road.
- Sheridan Drive (NY Route 324): This four-lane, high-volume route passes the Boulevard Mall area and meets the Youngmann Expressway (I-290) in Amherst.
- Millersport Highway (NY Route 263): This primary route to UB’s Amherst campus carries campus traffic, and the state scheduled resurfacing work along part of the corridor in 2026.
Reach Out to Hurwitz, Whitcher & Molloy to Schedule a Consultation
Contact us to schedule a free consultation with our Amherst bicycle accident lawyer. During that meeting, we will review the crash, the insurance involved, and the filing deadlines that govern your claim, then explain the options available to you. Hurwitz, Whitcher & Molloy has represented injured people in Western New York since 1970, and we return calls promptly.