Borough Park Bicycle Accident Lawyer
Borough Park is a busy neighborhood in Brooklyn where many residents and tourists use bicycles to get around. However, some drivers do not share the road well with bicycles and should be held accountable when they injure a rider.
Our lawyers can help file a claim if you were injured on your bike and the best ways to get the full compensation you deserve. If you have it, your car insurance coverage will help with some of the initial damages, like medical care costs and lost income. But it will not compensate you for any non-monetary losses, like pain and suffering. Only victims with serious injuries or a certain amount of economic have a right to recover those damages in a lawsuit. Our team can gather evidence, like medical records and expert witnesses, to help overcome these barriers.
For a free case review with our Brooklyn bicycle accident lawyers, call The Carrion Law Firm at (718) 841-0083.
How to Recover Compensation After a Bicycle Accident in Borough Park, Brooklyn
Filing a claim for damages after a bicycle accident can be a challenging process for victims who have never dealt with it in the past. Many are surprised to learn that the state’s no-fault vehicle insurance rules will impact how they recover compensation. Bicycle accident victims must go through their Personal Injury Protection (PIP) coverage if they or a household family member has a policy to get benefits for some of their financial losses. However, PIP will not cover all your damages.
Our bicycle accident attorneys can determine how your insurance can help and how we can file a lawsuit to recover your total losses. Negligent drivers often cause serious injuries to bike riders that insurance cannot fully pay for, especially if they have the minimum coverage of $50,000. PIP will only compensate for necessary medical expenses up to the policy limits and 80% of lost earnings. Further, you will not be able to claim non-economic losses through PIP, like pain and suffering and other non-financial damages. You can recover the full extent of these damages in a lawsuit, though, in certain circumstances.
Bicyclists with “serious injuries” can file a lawsuit for both economic and non-economic harms, according to I.S.C. Law § 5104(a). Serious injuries include fractures, permanent loss or consequential limitation of a body member or organ, significant limitation in the use of a body system or function, miscarriage, and death. Our team can also show that your injuries are serious if they prevent you from doing substantially all your usual daily activities for at least 90 days in the first 180 after getting injured.
You can also file a lawsuit under the above statute if you endured “basic economic loss.” If bills for medical treatment and equipment and lost income add up to $50,000 or more, you will have a right to recover non-economic damages and other losses insurance could not cover.
Types of Damages You Can Claim in a Borough Park, Brooklyn Bicycle Accident Lawsuit
In a lawsuit, you can potentially recover not just your current economic and non-economic damages but future ones, as well.
For instance, your PIP will likely have covered some of the initial costs of treatment, but you might need care for months or years after the case settles, like physical therapy, surgeries, medications, and assistive devices. Our team can work with medical experts who can assess your medical records, provide reports, and offer their opinions in court as to your long-term medical needs.
You can also recover all your lost wages for the days your injuries kept you out of work. Moreover, you could be entitled to lost future earning capacity if your injuries prevent you from doing the same job as before or missing out on professional opportunities, like promotions, bonuses, and others. Experts can also provide help by explaining how your injuries could limit your ability to work in the future.
Non-economic damages compensate for the physical pain victims endure during the accident and through treatment, as well as the emotional suffering bicycle accidents can cause. Pain and suffering generally corresponds to the seriousness of your injuries. If the victim’s injuries are serious, like spinal cord injuries or severe brain trauma, the damages will likely be higher. However, you should be compensated for time you experience anxiety, PTSD, or depression, which is not uncommon when trying to ride your bike again.
How Your Own Actions During Your Bicycle Accident in Borough Park, Brooklyn, Can Impact Your Case
Do not be surprised if the driver who hit you tries to claim you are partially at fault. They might say you were riding erratically in the lane, failed to signal a turn, or not wearing a helmet. If their arguments succeed, it can cost you compensation under NY’s comparative negligence law. Fortunately, the state’s rule will not prevent you from recovering some money for your losses, whether you were partially to blame or even mostly at fault.
Plaintiffs and defendants are held purely responsible for their share of negligence when each contributed to causing an accident. The plaintiffs’ percentage of fault, if any, will be subtracted from their compensation. If you were found 20% negligent after recovering $100,000 in damages, your total award would be $80,000. If you were 99% at fault, you would still get 1% of your damages covered.
Of course, our lawyers will be prepared for the defense’s comparative negligence claims and gather evidence to fight them. Accident reports can describe critical facts surrounding the incident and help us contact witnesses who spoke to the police so they can testify on your side. Perhaps you had a camera installed on your bike or helmet recording when the accident occurred. We can use the footage to show exactly what happened. Accident reconstruction experts can also be hired to analyze our evidence, provide their scientific opinions to help prove the defendant’s negligence and challenge these claims against you.
Call Our Borough Park Bicycle Accident Attorneys for Help Filing Your Claim Today
Contact The Carrion Law Firm at (718) 841-0083 to schedule a free case assessment with our bicycle accident attorneys.