Injuries from a bicycle accident are often worse than the injuries that people sustain in other auto accidents. Even at low speeds, bike accidents can leave victims with serious injuries like broken bones and back injuries.
For help getting compensation for your bicycle accident injuries, consider working with an experienced injury attorney. Insurance rules in New York often prevent lawsuits unless you suffered serious injuries, and other complex rules might make it hard to prove who was at fault and get the compensation you deserve.
For a free case review, call the Garden City bicycle accident lawyers at The Carrion Law Firm today at (718) 841-0083.
Can You Sue for a Bicycle Accident in Garden City, NY?
Your ability to sue for any auto accident is often limited under NY law. However, you could still be entitled to lawsuits and insurance claims that can help you get the compensation you need.
If you were hit by a car or truck while riding your bicycle, New York law requires their no-fault car insurance to cover your injuries. Every driver is required to carry a no-fault insurance policy that covers medical expenses and lost wages for anyone injured in their car during a crash, but this policy also covers cyclists and pedestrians. However, since you should be covered by the driver’s insurance, that means that you are also subject to other rules that that coverage brings, such as a limitation on your right to sue.
Under I.S.C. Law § 5014, your right to sue for pain and suffering is limited to situations where you face “serious injuries.” I.S.C. Law § 5102(d) defines what constitutes a “serious injury” and includes a variety of serious or permanent injuries. This definition also includes broken bones, so many bicycle accident cases do ultimately qualify the victim for a lawsuit. If you lost a pregnancy in a bicycle accident or a loved one was killed in a bike crash, our Garden City bicycle accident lawyers can also help you file a lawsuit under this “serious injury” definition.
Benefits of Filing a Bicycle Accident Lawsuit for Injuries in Garden City, NY
Filing a lawsuit might be a longer, more difficult path to compensation. However, our Garden City bicycle accident lawyers often help victims with lawsuits because they ultimately provide them with better compensation and help to more fully reimburse them for the injuries they suffered.
When you file a lawsuit, you open access to pain and suffering damages as well as medical costs and lost wages above and beyond the limitations of the driver’s no-fault policy. Generally, these policies cover only a percentage of your damages for medical bills and lost wages, but a lawsuit allows you to claim full damages.
Pain and suffering damages can be a major part of your injury case. Many bicycle accident victims face substantial injuries that could leave them with long-term disabilities and ongoing limitations in their lives. These harms are rarely accounted for under the umbrella of “medical expenses” and often require separate pain and suffering damages.
Additionally, a lawsuit is adjudicated by a court. When you file an insurance claim alone, the claim is ultimately decided by the insurance company. If they refuse to pay full damages or they undervalue your damages, you could miss out on damages. In court, the unbiased judge and a jury of everyday people can decide your case neutrally and potentially award you full damages.
Benefits of Settling a Bicycle Accident Case in Garden City, NY
Even when you file a lawsuit, most injury cases ultimately settle. Our Garden City bicycle accident lawyers can analyze your specific case and help you determine whether settlement is appropriate or whether you will need to take your case to trial to get full damages. In any case, our attorneys recognize that the following benefits might push you to accept a settlement rather than trying your case in court.
First, settlements often get you the damages you need faster. While an insurance claim is often quick, a lawsuit can take months to get through the courts before even being scheduled for trial. If you take your case all the way through trial, you could potentially be awarded higher damages. However, it could take longer, and medical bills and other expenses could pile up in the meantime.
Second, settlements are cheaper than going to trial. To seek justice through the courts, you will have to pay court fees and expenses for trial – such as attorneys’ fees and the cost of preparing exhibits and hiring expert witnesses. These costs might be worth it if you will ultimately get higher damages from trial – but saving these costs and settling earlier is also a reasonable option in many cases.
With bicycle accident cases in particular, cyclists are often partially blamed for the accident. If your case does not go to trial, you will not have to openly face these accusations and defend yourself in court. Avoiding that exposure might be a good reason to settle your case.
Before accepting any settlement money from an insurance company or the at-fault driver, you should always consult with an attorney. Our Garden City bicycle accident lawyers can help you determine whether settlement or trial is the best option in your case. We can also help you evaluate how much your damages are worth so that you know whether you are getting a fair settlement offer.
Call Our Garden City Bike Accident and Injury Lawyers Today
If you were hurt in a bicycle accident, call the Garden City bicycle accident attorneys at The Carrion Law Firm today for help with your case. Our phone number is (718) 841-0083.