There is no shortage of bicycle riders in the busy Queens neighborhood of Corona. With more bike lanes being added to the roads every year, accidents with negligent drivers are bound to happen.
You have just as much right to use the road and deserve compensation when a driver injures you. Our attorneys can guide you in collecting that compensation and determining what challenges your claim might face. Insurance is sometimes helpful but rarely enough to cover all your losses. Instead, our team will file a lawsuit either by showing that your injuries are serious or stating the amount of economic damages you sustained. Filing a lawsuit is the only method to cover your damages fully, including your non-economic losses, so start your case as soon as possible.
Call The Carrion Law Firm today at (718) 841-0083 to receive your free case review with our Queens bicycle accident lawyers.
Places Where Bicycle Accidents Are More Likely to Occur in Corona, Queens
Corona is one of Queens’s most densely packed neighborhoods, with countless avenues and intersections for bicyclists to ride. In addition, Corona includes some of the most enjoyable and rideable areas in NYC, including Flushing Meadows Corona Park, the Fountain of the Planets, and the State Pavilion of “Men in Black” fame. As such, the chances of being hit by a negligent driver in certain areas of Corona are high.
Where you are injured and by who will significantly impact how our bicycle accident attorneys handle your case. For instance, the countless intersections and subway lines down 45th and 44th Avenue make it a hot spot for bicycle accidents. If a negligent driver pulled out in front of you or clipped you while passing, we can pursue compensation against them.
Many other bicycle accidents occur around Grand Central Parkway, where most of the parks and attractions, like the Queens Museum and New York Hall of Science, are located. Numerous types of vehicles operate in these areas, including MTA buses, sightseeing buses, Uber drivers, and government vehicles. Our team can help determine who should be held liable in your case, including the driver and company responsible for their negligent conduct. If a government driver hits you, we can explain how to hold the agency that employs them liable.
Another location to remain cautious about if you are riding your bike there is Citi Field, home of the Mets. If you are bicycling to the game, you must look out for drunk drivers, speeding police cruisers, and Citi Park employees to avoid getting injured. If someone driving under the influence hit you, we can argue for punitive damages to increase the compensation you recover.
Methods to Get Compensation After a Corona, Queens Bicycle Accident
Recovering compensation after a bicycle accident can be confusing if you never needed to deal with it before. That is because car insurance can actually be used in these cases if you have it. Of course, the whole point of having a bicycle in Corona is so you can avoid owning a car and dealing with all the costs it incurs. As such, you might not have car insurance to cover you. If you do not have your own insurance, no-fault insurance is designed so that the other driver’s PIP insurance will cover you.
Unfortunately, insurance is often not enough to cover the types of severe injuries sustained in bicycle accidents, regardless of whether you are using your own or the other person’s. It only covers basic economic losses, like medical bills and lost income. Also, an insurance claim will not compensate you for your non-economic damages, like pain and suffering. Only a lawsuit can do that.
However, no-fault rules also limit the filing of a lawsuit to certain situations. Meeting the “serious injury” threshold is the most common way to file a bicycle accident lawsuit since these accidents often result in injuries listed under I.S.C. Law § 5102(d). The other method to file a lawsuit is to exceed the minimum economic loss set by § 5102(a).
In a successful lawsuit, you can recover past and future medical expenses, current lost wages, lost future earnings, and compensation for the damage to your bicycle. You can also receive your full range of pain and suffering damages, including compensation for your mental anguish, physical pain, scarring, and any other subjective impact brought on by your accident.
How Comparative Negligence Impacts Bicycle Accident Cases in Corona, Queens
While we are trying to prove the other driver is solely responsible for the collision, their attorneys will be looking for evidence of your negligence. If they can convince the court that you contributed to causing the accident or worsening your injuries, it will reduce the amount of compensation you recover.
Fortunately, New York uses a “pure” form of the comparative negligence rule, so you will recover something for your losses unless you are 100% at fault. C.V.P. Law § 1411 does not bar a victim found negligent from recovering compensation, but it does direct the amount of damages to be diminished in proportion to their share of the fault.
For instance, perhaps the jury found you 40% to blame for the accident and awarded $100,000 in damages. You will end up with $60,000 for your losses. Even if you are found 99% at fault, you will recover 1% of your damages.
To fight claims of comparative negligence, we will gather evidence that leaves no questions about who is responsible for the accident. Surveillance footage is some of the best evidence if it is available. Many businesses and homes in Corona are equipped with security cameras, so it is possible that your accident was filmed.
Alternatively, you might have been filing with your “GoPro” when the accident happened, or the driver had a dashcam recording when they hit you. Our team can get this footage and ensure it is used in your case.
To Get the Legal Help You Deserve, Contact Our Corona, Queens Bicycle Accident Lawyer Today
Contact The Carrion Law Firm at (718) 841-0083 for a free case consultation with our bicycle accident attorneys.