NEW YORK CITY'S BOUTIQUE
PERSONAL INJURY LAW FIRM
If you've been involved in a bicycle accident in New York, it's essential to understand your rights and the steps necessary to secure compensation for any injuries or damages sustained. Consulting with an experienced New York bicycle accident lawyer is always advisable, as this provides you with a professional who thoroughly understands state-specific cycling laws and traffic regulations.
Working with someone dedicated to advocating for your best interests against insurance companies, negligent drivers, or any entity responsible for the incident will give you the best chance at success.
For help after a bicycle accident, contact Zieher & Associates to schedule a free consultation with a New York bicycle accident lawyer.
NEW YORK BICYCLE ATTORNEYS
Common Bicycle Accident Injuries
Bicycle accidents can cause a range of injuries, some of which are unfortunately quite serious due to the limited protection offered to cyclists. Some of the most common injuries include:
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Head and traumatic brain injuries
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Spinal cord injuries
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Broken bones
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Lacerations and road rash
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Facial injuries
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Internal injuries
If you've sustained any of these injuries in a bicycle accident, seeking legal guidance can help ensure that your rights are protected and that you receive the compensation needed for your recovery.
Causes of Bicycle Accidents Leading to Personal Injury Claims
Understanding the various causes of bicycle accidents is key to determining liability and pursuing compensation in case you are injured in an accident. Here are some common causes of these incidents that lead to personal injury claims:
Dooring
This occurs when a parked motorist opens their door without checking for cyclists, leading to a collision. The abrupt opening of the door in the path of an oncoming rider can cause severe injury due to the unexpected nature of the impact.
Negligent Drivers
Many bicycle accidents occur because a driver simply
isn’t paying attention or fails to yield the right of way to cyclists. Negligence can include behaviors like texting while driving, not checking blind spots for bikers before changing lanes, or failing to maintain a safe following distance.
Aggressive Driving/Road Rage
Incidents involving aggressive driving behaviors, such as speeding, tailgating, honking excessively, or making hostile gestures can intimidate a cyclist and lead to accidents. Road rage is especially dangerous for cyclists due to their vulnerability on the road.
Failing to Observe Traffic Signals
Accidents happen when either party - driver or biker - ignores stop signs and traffic lights. These infractions disrupt the flow of traffic and significantly raise the risk of collisions at intersections.
Defective Bicycle Parts
Sometimes the cause of an accident may be a failure or malfunction of bicycle components such as brakes, tires, chains, or steering mechanisms.
While the above list isn't exhaustive, it represents some of the most common scenarios that lead to personal injury claims as a result of bike accidents.
New York is a No-Fault How a Bicycle Accident Lawyer Can Help
Hiring a bicycle accident lawyer can strengthen your case significantly and alleviate much of the stress associated with seeking compensation after an accident. Here's how they add value:
Gather Evidence
Your lawyer will compile evidence necessary to prove someone else was at fault in your case, such as police reports, witness statements, and photos or videos from the scene.
Calculate Damages
They'll accurately quantify damages you've suffered to ensure you receive full compensation so you can focus on your recovery.
Determine How You Can Obtain Compensation
A lawyer can provide assistance by thoroughly assessing your case to determine the best legal path forward. Depending on the specifics of your bicycle accident, they will help you understand whether you should file a personal injury lawsuit or utilize no-fault insurance benefits, if available.
Negotiate with Insurance Companies
Insurance companies typically attempt to minimize their payouts. Your bicycle accident lawyer will utilize their expertise to argue your case, countering any attempts by the insurers to downplay your injuries or undervalue your claim.
Consult With Experts
An experienced lawyer will call upon medical experts, accident reconstructionists, and other experts to strengthen your case. This expert testimony can become incredibly valuable in establishing fault and verifying the extent of your injuries.
Represent You at Trial If Necessary
If an agreement cannot be reached with insurance companies during negotiations or mediation, a bicycle accident lawyer will represent you at trial.
After suffering from a bicycle accident, having a skilled lawyer by your side is crucial for ensuring that you receive fair compensation and have peace of mind while navigating through this complicated process.
Who is Liable for a Bicycle Accident?
Determining liability in a bicycle accident is crucial as it dictates who must compensate the injured party. Here are some of the most common parties who could be responsible for your injuries:
Negligent Driver
Bicycle accidents often result from negligent driving. If the driver ignored traffic laws, was distracted, or was driving under the influence for example, they could be deemed responsible for any resulting injuries to cyclists.
Employer of a Negligent Driver
If an at-fault driver was working when the accident occurred, their employer might also be liable under the legal doctrine known as "respondeat superior." This principle holds employers accountable for their employees' actions performed within the scope of employment.
Bicycle Manufacturer
In the case where a bicycle accident is caused by defective or faulty bike parts, the manufacturer could be held liable. Under product liability law, companies are responsible for ensuring their products are safe when used as intended.
Government Entity Responsible for Roads
Poorly maintained roads with hazards such as potholes, unclear signs, or unsafe intersection design can lead to accidents involving cyclists. Responsibility might fall on municipal government entities charged with the upkeep of the roads if it's shown they were neglectful in maintaining safe conditions.
Bicyclist Partial Fault
In some instances, the bicyclist themselves could be partially at fault for the accident. If a bicyclist is violating traffic laws, such as running stop signs or riding against traffic, they may share in liability.
Comparative Negligence in New York Bike Accidents
New York follows a comparative negligence rule, which means that even if you're partially at fault for your bicycle accident, you can still recover damages. However, your compensation will be reduced by the percentage of fault attributed to you.
For example, if it's determined that you were 30% at fault for an accident and the total damages from the case are $100,000, under New York's pure comparative negligence law, you'd still be able to collect 70% - or $70,000.
Determining liability in a bicycle accident is often complex and requires careful examination of the circumstances. An experienced bicycle accident lawyer can thoroughly review your case to identify all potentially liable parties and navigate the legal system to help ensure you receive fair compensation for your injuries.
Damages You Can Recover in a Bicycle Accident Claim
When seeking compensation after a bicycle accident, it’s important to know what type of damages are available. There are three primary categories of damages you could be able to recover:
Economic Damages
These quantifiable costs include all financial losses resulting from the accident. Examples include medical expenses, lost wages, decreased earning capacity, property damage like repair or replacement for your bicycle, and other out-of-pocket costs related to the incident.
Non-Economic Damages:
This compensation relates to losses that are more subjective and don't have a direct monetary value associated with them. Non-economic damages can include pain and suffering, emotional distress, loss of enjoyment of life, disfigurement or scarring, as well as loss of consortium or companionship.
Punitive Damages
While economic and non-economic damages aim to compensate victims, punitive damages serve a different purpose - they are designed to punish exceptionally negligent or malicious behavior and deter similar conduct in the future. These types of damages are less commonly awarded in personal injury cases but can be awarded in extreme circumstances.
For guidance in securing the fair compensation you deserve, reach out for legal help.
We’ll Help You File Your Bicycle Accident Lawsuit by the Deadline
New York law typically allows you a period of three years from the date of your bicycle accident to file a personal injury lawsuit. However, there can be exceptions that shorten or extend this deadline, making it essential to consult with an experienced personal injury lawyer as soon as possible following an accident. If you fail to file your claim on time, you could lose your chance to recover any compensation.
How Much Does a Bicycle Accident Lawyer Cost?
In most personal injury cases, including bicycle accidents, lawyers work on a contingency fee basis. This means that you will not be charged an upfront fee or out-of-pocket costs for the lawyer's services.
Instead, their payment is contingent upon successfully securing a settlement or court award in your favor. The payment a lawyer receives is a designated percentage of the total amount recovered, usually ranging from 33% to 40%, depending on various factors.
You won't owe attorney's fees if your case doesn't result in compensation.
Contact Zieher & Associates P.C. to Schedule a Free Consultation
If you've experienced a bicycle accident in New York and require legal guidance, do not hesitate to reach out to an experienced bicycle accident lawyer. We can explain more about your rights, potential compensation, and how we can assist in navigating the complexities of your case. Reach out today to Zieher & Associates P.C., NYC's boutique personal injury firm, to schedule a free consultation.
