The fallout from bicycle accidents can be disastrous for victims in Brighton. If you require compensation for your damages, turn to our attorneys for help with your case.
Bicycle accidents in Brighton should be reported to the police, especially if they involve motor vehicles. Victims should take the time to document their injuries by photographing them at the accident scene and going to the emergency room for immediate treatment. Once you have taken those steps, our attorneys will focus on investigating the incident and obtaining evidence. We will then file your claim within the three-year window for bringing bicycle injury lawsuits in New York. Using the evidence that we gathered during our investigation, we will aim to prove the defendant’s fault at trial if they are unwilling to settle at an amount that fully compensates you for your losses in Brighton.
The Carrion Law Firm’s Brighton, NY bicycle accident lawyers can help you with your case when you call us at (718) 841-0083.
Factors that Increase the Chances of Bicycle Accidents Occurring in Brighton, NY
Certain factors might increase the chances that you become injured in an accident while riding your bike in Brighton. For example, biking at night or along heavily trafficked roads might be dangerous for bicyclists.
While Brighton might be a relatively sleepy town, bicycle accidents can and do happen in the area. At night, when visibility is low, drivers might not see bicyclists, especially if they do not have their headlights on and bicyclists are not wearing reflective gear of any kind.
Other factors, like whether or not a driver is intoxicated or otherwise distracted, can increase the likelihood of bicycle accidents. Such incidents might occur more often on roads without designated bike lanes, which are used to protect bicyclists and provide an alternative to riding in lanes with cars and other vehicles that present a danger to bicyclists.
Rain and other poor weather might also increase the likelihood of bicycle accidents taking place in Brighton, as might imperfections in the road. Failure to pay attention to the road or be aware of possible bicyclists when opening car doors might lead to catastrophic injuries for victims.
Personal Injury Protection Insurance and Bicycle Accidents in Brighton, NY
Since New York follows a no-fault system for auto accidents, victims must prove that their injuries meet or surpass the threshold that is laid out in I.S.C. Law § 5102(d).
Only certain injuries permit victims of bicycle accidents to file lawsuits in Brighton. Such injuries include dismemberment, serious disfigurement, fractures, loss of a fetus, and others, such as injuries that result in death. Our bicycle accident lawyers will review your medical records alongside New York’s serious injury threshold to confirm your ability to proceed with litigation.
A victim’s personal injury protection insurance might otherwise cover all injuries sustained in an accident involving a car, whether they were a driver, passenger, bicyclist, or pedestrian at the time. Personal injury insurance does not apply to motorcycle accidents in New York.
Even if you do not believe your injuries meet the litigation threshold, you should not assume that is the case. Certain injuries that do not appear life-altering initially can be, and if you do not sue before the deadline, which is just three years in Brighton, you will be unable to bring a claim, even if you meet the threshold to file a lawsuit.
Reporting Procedures for Bicycle Accidents in Brighton, NY
Any time a bicyclist is injured because of a negligent driver, they must report the accident to the police in Brighton, according to V.A.T. Law § 605.
When you call 911 after your accident, officers from the Brighton Police Department will arrive and write an incident report. While only certain aspects of this report might be considered proof in your lawsuit, reviewing all of it can give our attorneys a clearer idea of all the pertinent details related to your accident.
While such accidents can technically be reported in the days following an accident in Brighton, that may not bode well for victims when seeking recovery for their damages. Because of that, it will be important to follow all reporting procedures carefully and call local law enforcement immediately after being injured in any bicycle accident. You can get the report for your accident by contacting the Brighton Police Department.
Comparative Negligence and Bicycle Accident Claims in Brighton, NY
Because you may require significant compensation for your injuries caused by a recent bicycle accident in Brighton, avoiding the effects of New York’s comparative negligence standard will be important to the success of your case.
According to C.V.P. Law § 1411, any bicyclist injured in a crash can see their compensation reduced in proportion to their level of liability in Brighton. Fortunately for bicyclists, drivers are typically to blame for these types of accidents. Even if you were not wearing a helmet at the time of the incident, that should not impact your recovery, as New York only requires riders under the age of 14 to wear bicycle helmets, and failure to wear one would not logically contribute to the accident itself. That said, wearing helmets is important as they protect bicyclists from sustaining serious head injuries.
While comparative fault laws might not always impact every bicycle accident case, they are important to keep in mind during the course of your claim. Suppose you do not submit sufficient evidence of the defendant’s fault. In that case, they might be able to argue that you also acted negligently at the time of the crash, contributing to your injuries. This can make the defendant to only partially responsible for your damages, possibly leaving you without sufficient compensation for your injuries, which is not an option for most victims.
Call Our Attorneys to Talk About Your Brighton, NY Bicycle Accident
Call our bicycle accident lawyers at (718) 841-0083 to get a confidential and free case review from The Carrion Law Firm.