Robin Herman | 00:05

Welcome to Pedals to the Courtroom. This is a New York-based series focused on cycling safety and law. I’m Robin Herman, a partner in Herman & Herman, and in this show, we’ll explore life on two wheels through honest conversations with my husband, bicycle injury lawyer, Glenn Herman. Combining personal experience with practical guidance for cyclists across New York City.

 

Glenn Herman | 00:27

Hey Robin.

 

Robin Herman | 00:29

From a legal standpoint, how are cyclists treated under New York law?

 

Glenn Herman | 00:34

As far as the rules of the road go, cyclists have to follow the same laws as cars. If a cyclist is hit by a vehicle, they have all the same rights as a pedestrian and they’re entitled to the same benefits.

 

Robin Herman | 00:47

And if a cyclist is hit by a car but doesn’t believe that they’re seriously injured, what rights still apply?

 

Glenn Herman | 00:54

Well, if a cyclist is hit by a car, they get what’s called New York no-fault benefits, and what that does is it pays all your hospital bills, it pays wages if you can’t go to work, it pays some other expenses. If you’re not sure, If you need medical attention and you end up going for medical attention later on, this will pay for that as well.

 

Robin Herman | 01:18

And thus this changes if a cyclist is hit by, say, a delivery truck or a rideshare vehicle?

 

Glenn Herman | 01:25

Regardless of the type of vehicle that the cyclist is hit by, the cyclist still has all the same legal rights. The difference is usually regarding the amount of insurance coverage that’s available.

 

Robin Herman | 01:38

And sometimes cyclists hesitate to speak with a lawyer because they don’t want to escalate the situation. How do you respond to that?

 

Glenn Herman | 01:45

My response to that is this. Injury lawyers do not charge for consultations. It’s very important to speak with an attorney as soon as possible because there’s many different timelines that are applicable to file claims. A few minute phone call might save you needless aggravation in the future. So my feeling is always call.

Robin Herman | 02:08

So when is the right time for a cyclist to call?

 

Glenn Herman | 02:12

As soon as possible. I mean, get medical attention, and then if you can’t have a family member or a friend reach out, call a lawyer. Plus nothing and it might save you a lot of trouble in the future.

 

Robin Herman | 02:26

All right. Well, thank you. That was great advice. Tune in each week for conversations about cycling safety and the law in New York City. I’m Robin, and in this series, I’ll be sitting down with my husband, Glenn Herman, to talk honestly about life on two wheels and what cyclists should know both before and after an accident.