Can a Cyclist Make an Injury Claim Against a Car in NY?
Car accidents (and car accident lawsuits) are quite common, and you are likely aware that you can sue if you were injured in a car accident. But what about if you were riding a bicycle and were hit by a car? Can you sue the driver of the car? And what do you stand to recover if you are successful?
Bicyclists who are injured by negligent drivers can sue to recover for their injuries. In order to prove negligence, you will need to show that the driver owed you a duty and breached that duty. You must also prove that the driver’s negligence caused the accident and your subsequent injuries. You will be able to recover compensation from your successful lawsuit for things like medical bills, lost wages, and pain and suffering. You only have three years from the date of the accident to file your claim, so you should act quickly.
At The Carrion Law Firm, we pride ourselves in our ability to achieve the compensation that our clients require to recover from their injuries comfortably. Our New York bicycle accident attorneys have the resources and experience necessary to help you achieve justice after you were injured due to someone else’s negligence. Call us today to schedule a free consultation at (718) 841-0083.
How Does a Cyclist Prove Negligence After a Car Accident in NY?
A cyclist who is injured in an accident with a car in New York may be able to file a lawsuit against the driver of the car to recover for their injuries. These lawsuits most commonly assert a claim of negligence against the driver. To prove that the driver was negligent, the plaintiff must prove four key elements. These elements are duty, breach of duty, causation, and damages. To win a lawsuit for negligence, the plaintiff must prove all four elements by a preponderance of the evidence.
In the legal world, duty is one person’s responsibility to another based the relationship between them. This relationship could exist in a number of different scenarios, such as between property owners and guests or doctors and patients. For drivers and cyclists, proving duty of care is fairly straightforward, as all drivers owe a duty of care to other drivers, cyclists, and pedestrians with whom they share the road. They also have a duty to follow traffic laws.
Breach of Duty
The second requirement of negligence is that the driver must have acted (or failed to act) in some way that violated their responsibility to the cyclist. Breach of duty can be shown where a driver violated the rules of the road. For instance, if a driver ran a red light, this could be seen as a breach of the driver’s duty.
The causation element is typically the most complicated of the negligence elements to prove in a lawsuit. To prove causation, you must show that the driver’s breach of duty was the direct and proximate cause of the injuries. In other words, the injuries could not have occurred “but for” the driver’s negligence and there were no superseding factors that may have caused the injuries. If the cyclist was also negligent and partially responsible for the accident, the cyclist could have their recovery reduced.
The final element is about what injuries you suffered as a result of the accident. Your lawsuit will get you compensation for the consequences of your injuries, so you must show that these consequences exist. Medical expenses, lost wages, property damage, and pain and suffering are all compensable as damages. Your New York bicycle accident lawyer can help you compile and estimate your potential damages in a lawsuit.
Damages will include medical expenses such as hospital bills, emergency procedures, surgeries, physical therapy and specialist appointments. You can also recover lost wages for any missed time at work. If your injuries took a psychological toll on you or impacted your day-to-day enjoyment of life, you can obtain money for that pain and suffering. It can be difficult to estimate what any bicycle accident injury claim may be worth without all the information. Therefore, you should speak to one of our New York bicycle accident attorneys, who can listen to your case and provide you with a realistic expectation of what you stand to gain by working with us.
How Long Does a Cyclist Have to File an Injury Claim Against a Car in NY?
New York’s statute of limitations puts a clock on how long plaintiffs have to file lawsuits. For cyclists who are injured by a negligent driver in New York, the statute of limitations is three years from the date of the accident. This means that you have three years from the date of your accident to prepare and formally file your claim with the appropriate county clerk.
If you fail to file your lawsuit within the three-year time limit, your case will be dismissed and you will be unable to recover for your injuries. Preparing to file a personal injury lawsuit can take time, particularly when the injuries are complicated or severe. Further, cases that are filed sooner are statistically more likely to result in higher compensation for victims. You should never wait until the last minute to act on your claim. Even if you believe you may have already missed the available window for your claim, you can still call one of our experienced Bronx bicycle accident lawyers for free to hear about your options.
Want to File a Lawsuit After You Were Injured in a Bicycle Accident in New York? Let Us Help You
The experienced New York bicycle accident lawyers at The Carrion Law Firm are ready and willing to assist you in your recovery effort after being injured by a car in a bicycle accident. For a free consultation, call us at (718) 841-0083.