Bicycles are a common mode of transportation used by many in Long Island. However, the lack of protection in the event of an accident while riding can lead to serious injuries that can have devastating consequences for victims of negligence.
Examples of negligence leading to bicycle accidents in Long Island include distracted or drunk driving, failure to use turn signals, bicycle defects, and deteriorating road conditions. Depending on the nature of your injuries, you could recover compensation for your harms through an insurance claim or a personal injury lawsuit. When pursuing either of these paths, it is always best to have capable legal representation on your side.
To get your free initial case evaluation, contact the dedicated Long Island bicycle accident attorneys at The Carrion Law Firm. To learn more about our services today, call our offices at (631) 910-7493.
Causes of Bicycle Accidents in Long Island
People who utilize bicycles in their daily commute, as a source of exercise, or merely as a leisurely activity must deal with the dangers of being in close proximity with others every day. Below are just a few of the most common causes of bicycle accidents in Long Island.
Distracted Driving
Distracted driving becomes more problematic with each passing year. Drivers who are glued to their phones while behind the wheel may lose track of where they are on the road, causing swerving or short stops. These pose much more substantial risks to bicyclists, who occupy less space on the road and are therefore less visible in a distracted driver’s peripheral vision.
Failure to Use Turn Signals
Many vehicles in the Long Island area, particularly taxis and rideshare vehicles for companies like Uber and Lyft, make sudden stops and pull off onto the side of the road to either pick up or drop off passengers or deliveries. In many cases, these drivers may cross the designated bike lane or across the path of oncoming riders. If the driver fails to indicate their turn or stop with their turn signals or hazards, it can be nearly impossible for a bicyclist to predict their actions, creating serious risk of accident and injury.
Bicycle Defects
Not every collision involving a bicycle is the fault of a driver. In some cases, defective parts on the bicycle itself could cause a malfunction that prevents the cyclist from braking, turning, or otherwise operating safely. In these cases, liability could exist for the bicycle manufacturer or retailer. These issues are difficult to identify without the help of a seasoned Long Island bicycle accident lawyer.
Road Conditions
Just as bicycles and other vehicles must be safe for use on the roads, the roads must be safe for the use of bicyclists. Divots, potholes, faulty traffic lights, and other issues of infrastructure maintenance could contribute to a bicycle accident, leaving the government entity that was responsible for this maintenance liable for the consequences.
Drunk Driving
Driving while under the influence of drugs or alcohol is not only dangerous, but it is one of the leading causes of serious injury and fatality in traffic accidents every year. If a driver’s ability to judge distance or time is impaired, a cyclist might be in grave danger without realizing it. When a driver’s reaction time is compromised by alcohol or drugs, they might not be able to avoid a collision with a bicyclist, leading to devastating harm.
Recovering Damages After a Long Island Bicycle Accident
New York is one of very few states that uses a no-fault insurance system. In a no-fault system, people who are injured in traffic accidents must typically pursue their compensation through insurance claims first, except in situations where the injuries suffered are particularly serious.
This rule exists to help ensure that car accident victims receive compensation to cover their medical expenses no matter who caused the accident. Bicyclists are able to take advantage of these laws to file a claim with their own auto insurance if they have coverage. If your insurance is exhausted, you could file a claim against the driver’s insurance provider.
Filing a successful insurance claim after a bicycle accident requires compliance with several procedural steps. The injured victim must send a written notice to the insurance company about the claim within 30 days of the accident. All bills for medical treatment related to the bicycle accident injuries must be sent to the insurer within 45 days of receipt. Before accepting a claim, the insurance company may require the claimant to submit for additional medical examination if they feel that the attention the claimant has already received is not sufficient.
Handling Insurance Claim Denials After a Long Island Bicycle Accident
These are complicated procedures that may ultimately lead to a denial of your insurance claim. If the insurance company is taking too long in deliberating on your claim or issues a denial that you feel is unfair, contact a Long Island bicycle accident lawyer as soon as possible. You may be able to appeal the claims adjuster’s decision or sue the insurance company in court to recover the compensation that you deserve.
If the insurance company issued a frivolous denial or used unfair tactics to expert pressure on you, you may be able to obtain additional compensation through a lawsuit against the insurer alleging bad faith. These situations are much more common in instances where the insurance representatives suspect that the claimant does not have legal representation, so having a Long Island bicycle accident attorney by your side can prevent you from having to deal with unfair treatment in your recovery efforts.
Injured in a Bicycle Accident in Long Island? Contact the Carrion Law Firm Right Now for Help
If you need help assessing your legal options for monetary remedy, call (631) 910-7493 and get a free initial case assessment from the Long Island bicycle accident attorneys at The Carrion Law Firm today.