Car accidents, especially low-speed ones, might not be too serious. However, bicycle accidents can be serious at any speed, given that riders may have nothing but a helmet to protect them from injury.
Road rash, broken bones, traumatic brain injuries, and more are all possible in a bicycle accident, and you need compensation for these serious injuries. Especially if you faced high-dollar medical bills and time away from work, our lawyers can help you fight for full compensation.
For a free case evaluation, call The Carrion Law Firm’s bicycle accident attorneys at (718) 841-0083.
When Can You Sue for Bicycle Accidents in Ridgewood?
Under New York law, there are actually limits on when bicycle riders can sue for accidents with cars and trucks. These rules come under our no-fault insurance rules, even though cyclists typically do not have insurance.
No-Fault Coverage for Cyclists
Insurance rules require every driver to carry insurance to cover injuries to themselves or other passengers in their car, all without proving fault. Under these rules, any “covered person” cannot sue unless they have “serious injuries.” This “covered person” definition includes pedestrians and cyclists the driver hits, which means you can get no-fault coverage from them.
Serious Injury Threshold
However, you cannot sue or get pain and suffering damages unless you have “serious injuries.” This definition includes any permanent or long-term disabling injuries, losses, amputations, or lost function. The law also includes broken bones and short-term disabilities lasting at least 90 of the next 180 days after the crash. Lastly, death and loss of a fetus always qualify for a loved one to file a lawsuit for full damages.
Do Bicycles Count as Pedestrians or Vehicles?
Riding a bike can be confusing in Queens, especially where there are separate bike lanes or where the road transitions into no bike lanes at all. Generally speaking, bicycles qualify as vehicles, and you need to ride them on the street and follow the rules of the road (signaling turns, stopping at stop signs, following speed limits, etc.) However, there are some exceptions.
Young children are often allowed to ride on the sidewalk, and they count as pedestrians. Additionally, if you are on the sidewalk for whatever reason, you usually need to follow pedestrian signals instead.
If there is a bike lane, you typically need to ride in the bike lane except when you need to move to the left side of the road to make a left turn. That can be difficult or even impossible if the lane is obstructed with stopped/parked cars, trash, open car doors, delivery trucks, etc.
Because these rules are so confusing and difficult to determine in practice, it is best to always bring your case to a bicycle accident lawyer who can analyze these legal issues for you.
Can I Sue for a Crash on an E-Bike in Ridgewood?
E-bikes, scooters, and other low-speed vehicles often follow the same kinds of rules, requiring a serious injury to sue for your crash. If you are on a very powerful e-bike, it might qualify as a motorcycle or moped instead and follow different rules.
The definition typically depends on top speed for scooters and on size, power (in watts), and pedals for e-bikes. Generally, if it has electric-assisted pedals, it is still a bike and not a motorcycle.
If your vehicle does qualify as a motorcycle or moped, you likely need a proper license and insurance to ride it. No-fault laws also do not apply to motorcycles, allowing lawsuits at any time. Most other street-legal vehicles still have to follow the serious injury threshold for a lawsuit.
Some bike-like vehicles – particularly mini-bikes and dirt bikes – usually are not street legal at all, and getting into an accident while riding one could hurt your recovery.
What is My Bicycle Accident Case Worth?
Bicycle accidents are often very serious, with riders facing potentially long recovery times for their injuries. When we calculate damages in your case, we take into account the overall severity as well as the specific expenses the injury causes you.
Economic Damages
Most injury cases involve compensation for medical bills and lost earnings, as well as other “economic damages.” These costs can often be calculated by adding up bills and receipts for reasonable expenses the accident caused you, along with evidence from pay stubs.
Future Economic Damages
However, we also have to look forward to ongoing medical needs, future missed income at work, and how long disabilities will last before you can return to work at full capacity. If you are going to be permanently disabled, ongoing lost wages will be expensive.
Non-Economic Damages
Pain and suffering damages are also paid to cover the mental and emotional effects of the accident. These are often where the overall severity is used to help calculate damages. For example, we can choose a multiplier based on the severity and apply it to the rest of your damages to calculate non-economic damages.
Again, these are only available if you have “serious injuries.”
What Should I Do After a Bicycle Accident in Ridgewood?
When you initially get into an accident, your first move should be to call 911. All auto accidents should be reported, allowing officers to write up a report that can help you build your case later. You should also get an ambulance to respond and get any treatment you need.
If you have to leave with the EMTs and go straight to the hospital, do so. You can recover the cost of treatment from the driver’s insurance or a lawsuit later. In the meantime, prioritize your health and safety.
If you can stay at the scene, collect evidence about who was involved, where the accident happened, what the road and weather conditions were like, etc. Get contact info for anyone involved, including witnesses. Also get the driver’s insurance information.
After that, call a lawyer for help.
Call Our Bicycle Accident Attorneys in Ridgewood Today
For help after a bicycle accident in Ridgewood or anywhere in Queens, call The Carrion Law Firm’s bicycle accident lawyers at (718) 841-0083.
