Bike accidents in Brookhaven are often serious, enabling victims to sue for compensatory damages.
Many bicycle accidents are caused by negligent drivers, meaning victims must meet the serious injury threshold to sue in Brookhaven. Injuries that meet the necessary criteria include dismemberment, disfigurement, and loss of a fetus, among others. While bicycle accidents can happen at any time, they typically occur during hours of low visibility and at intersections. If you are permitted to sue for your injuries in Brookhaven, you must submit proof of your losses so that you can recover both financial and non-financial damages.
For a free case assessment from The Carrion Law Firm, call our Brookhaven bicycle accident lawyers now at (718) 841-0083.
Brookhaven Bicycle Accident Injuries that Meet the Serious Injury Threshold
If you are struck by a car while riding your bicycle in Brookhaven, your personal injury protection insurance will cover your damages up to a certain extent. This prevents you from suing a negligent driver for compensation unless your injuries surpass the serious injury threshold in Brookhaven, as defined by I.S.C. Law § 5102(d).
Death
If a bicyclist dies in an auto accident in Brookhaven, their surviving family members can often bring a compensation claim. Typically, a victim’s personal representative, which might be their parent, spouse, or child, can sue for wrongful death. The deadline to sue for wrongful death in Brookhaven is two years, which is shorter than the filing limit for personal injury claims, which is three years.
Dismemberment
Any bicycle accident that results in dismemberment meets the serious injury threshold for suing an at-fault driver in Brookhaven. Loss of limbs is considered dismemberment. Though a rare injury in bicycle accident cases, dismemberment can happen, and if it does, victims can sue a for compensation.
Disfigurement
A bike accident victim has reason to sue in Brookhaven if their injuries result in serious disfigurement. A medical professional will determine if you have been seriously disfigured because of an accident.
Fractures
A fracture, or a broken bone, makes a victim of a bicycle accident eligible to sue for injury in Brookhaven. Fractures are common in bicycle accidents, especially in the legs.
Loss of Fetus
In the unfortunate event that a bicycle crash causes the loss of a victim’s fetus, they can sue for compensation in Brookhaven.
Loss or Limitation of Use of Body Parts or Functions
In Brookhaven, bike accident victims can sue if they sustain injuries that result in the permanent loss of use of a body function, system, member, or organ, the permanent consequential use of a body member or organ, or the serious limitation of use of a body system or function. This often applies to victims with internal injuries. Due to the complicated nature of this definition, victims are often unsure whether or not their injuries meet this part of New York’s serious injury threshold and would qualify them to sue. In such instances, our bicycle accident lawyers can review your medical records and speak with your doctor to determine if your injuries are severe enough to warrant litigation in Brookhaven.
Certain Non-Permanent Injuries
If you are hurt in a bicycle accident and sustain non-permanent injuries that prevent you from engaging in daily tasks for at least 90 of the first 180 days following an incident, you can likely sue for injury in Brookhaven.
Common Causes of Bicycle Accidents in Brookhaven
Bicycle accidents are often caused by negligent drivers who do not pay any mind to bicyclists on the road. They most often occur at nighttime and are common at intersections.
Brookhaven is a beach town, meaning bicyclists are bountiful. While some might be learned bikers, others might be more casual riders enjoying the sites and scenery. Regardless, bicyclists should be on the lookout for cars and other vehicles, especially during the night. According to a 2019 report on bicycle accidents from the National Highway Traffic Safety Administration, 21% of all cyclist accidents happened between the hours of six and nine in the evening when visibility might be low, the majority of which occurred during the weekend.
Cars might also veer into bike lanes in Brookhaven, injuring bicyclists. Drivers might not see or pay attention to bikers while turning, resulting in an accident. Drivers operating under the influence may be even less likely to see or react to bicyclists on the road in Brookhaven. Drivers might even open their doors into bike lines, causing an unavoidable hazard to bicyclists.
While negligent drivers often cause bicycle accidents, that is not always the case. If you did not sustain your injuries in an auto accident, you could sue, regardless of the cause, in Brookhaven.
Damages for Victims of Bicycle Accidents in Brookhaven
If your injuries permit you to sue in Brookhaven, you can recover non-pecuniary damages in addition to economic damages. The amount you are granted will be based on your losses and your ability to prove them.
Damages are not capped in Brookhaven. This means victims can recover whatever amount a judge or jury sees fit if they go to trial. While settling has its perks in that it is often quicker, taking your case to court might allow you to claim greater damages, specifically regarding recovery for non-economic losses.
When victims meet the serious injury threshold in Brookhaven, they can recover damages for pain and suffering, which are typically unavailable in an insurance settlement. Proving pain and suffering can be challenging and may require statements from friends, family, and a therapist.
Recovery of financial damages can be simpler, although providing proof of damages is still necessary. Bike accident victims can do this by compiling all bills from an incident, such as medical bills, and other examples of financial losses, like lost wages, and adding up all of their economic damages.
Bring a Bicycle Accident Claim in Brookhaven Today
For help with your case, call the bicycle accident lawyers at The Carrion Law Firm today at (718) 841-0083.