Albany Bicycle Accident Lawyer
Nobody likes sitting in traffic during their daily commute, and bikes are an excellent alternative form of transportation. Unfortunately, bike riders are often not shown the same level of respect as drivers in cars, and bike accidents are common.
Bicycle accidents are often the result of driver negligence. Many crashes happen because drivers refuse to share the road. You can file a lawsuit against the driver who hit you, but the presence of auto insurance might complicate the situation. Your auto insurance may still cover you even if you were not driving, but there might be restrictions on suing. If you file a lawsuit, you can claim damages for the economic and non-economic losses related to the crash, including medical bills, property damage, pain, suffering, and more. To prove your claims for damages, you will need strong evidence that our legal team can help you gather.
Drivers should not be allowed to ignore bike riders on the road and create serious risks of accidents. Our Albany bicycle accident lawyers can help you sue the driver who hit you and hold them responsible for their negligence. For a free case review, call The Carrion Law Firm at (718) 841-0083.
How Many Bicycle Accidents Happen in Albany
Bike riders have a right to be on the road, and drivers must share the road and abide by traffic laws surrounding bikes. When drivers fail to follow the rules, bike riders pay the price. Our Albany bicycle accident lawyers will help you file a lawsuit if you were hit by a car on your bike.
Many bike accidents involve sideswiping by drivers. A sideswiping accident occurs when a car runs up against a bike rider, often at a high rate of speed. Although this is not a head-on crash, it can still be incredibly dangerous. Bike riders are no match for vehicles, and a victim of a sideswiping might be critically injured.
A dooring accident is a crash involving the open door of a vehicle. For example, suppose you are riding your bike in the bike lane next to a parking lane. Next, suppose a car just ahead of you suddenly throws one of its doors open. If you do not have time to stop, you might collide with the open door and be seriously hurt. Dooring accidents happen because people in parked cars do not bother to check for bike riders before exiting their vehicles.
Distracted driving is a significant cause of all kinds of accidents, including bicycle accidents. A distracted driver can be incredibly dangerous. They might veer off the road and into a bike lane or crash into a bike rider at a red light. While cell phones are a major distraction to drivers, there might be numerous possible distractions behind the wheel.
Can I File a Lawsuit for a Bicycle Accident in Albany?
If you are hit by a car while riding your bicycle, you may be able to sue the driver who hit you. However, your case might have some challenges, depending on your insurance situation. Our Albany bicycle accident lawyers can review your insurance, if any, and help you file a lawsuit for damages.
Many bike riders also have auto insurance because they also own a vehicle. Even though you were driving during the accident, auto insurance might still cover you because at least one vehicle was involved.
New York is a no-fault insurance state, and injured bike riders with auto insurance must file claims with their own no-fault insurance policies for coverage of certain economic damages. If you wish to claim non-economic damages, you must file a lawsuit. According to I.S.C. Law § 5104(a), you must have a “serious injury” to file a lawsuit for non-economic damages after a car accident. A serious injury is defined under I.S.C Law § 5102(d) and includes the following injuries:
- Significant disfigurement
- Broken Bones
- Loss of a pregnancy
- Loss or limitation of a body part, function, or organ
- A non-permanent injury that prevents you from performing many of your ordinary daily tasks
Since bike accidents are often very severe for bike riders, you can likely overcome this hurdle with the help of our Albany bicycle accident attorneys. If you do not have auto insurance, you do not have to worry about this rule and may file a lawsuit without proving serious injuries first.
Potential Damages in Albany Bicycle Accident Cases
Damages may include economic losses related to money and non-economic injuries that are harder to evaluate and quantify. Our Albany bicycle accident lawyers know how to identify and evaluate damages, and we can help you maximize the potential compensation in your case.
Economic damages are a bit easier to evaluate because they are connected to real amounts of money. For example, medical bills, the cost to replace your damaged bike, and lost income from being unable to return to work are all possible economic damages. If your injuries are severe and require long-term care, you can claim the value of future medical bills. The same goes for future lost income if you cannot return to work for a long.
Non-economic damages are connected to subjective experiences surrounding the accident and are harder to evaluate. Even though these experiences do not necessarily cost plaintiffs money, they may still be compensated with money. Mental trauma and physical pain are common examples of non-economic damages. Other examples include humiliation and damage to your reputation, among others.
Evidence for a Bicycle Accident Lawsuit in Albany
Evidence is unique to each case, and the evidence you need to prove your claims will depend on where and how the accident occurred. Speak to our Albany bicycle accident lawyers about possible evidence you might need and how to get it.
After an accident, you should take as many photos as possible of the scene and surrounding area. Photos are important in insurance claims and preserve important details about the accident so we can present them in court to a judge and jury.
Depending on where the accident happened, there might be security camera footage of the crash. For example, there might be security cameras at nearby businesses or homes that cause the accident on video. Alternatively, we can check traffic cameras to see if your accident was caught on video.
Accidents often involve multiple people who can testify as witnesses. Witnesses might be other bike riders, drivers in other cars, or pedestrians who happened to be walking by. Anyone with firsthand knowledge of the crash may have valuable insight into how it happened.
Contact Our Albany Bicycle Accident Lawyers for Help Today
Our Albany bicycle accident lawyers will fight for you in court so you can get compensation from the driver who injured you. For a free review of your case, call our team at The Carrion Law Firm at (718) 841-0083.