Hempstead is one of many densely populated towns on Long Island, and bike travel is very common. Unfortunately, this means that bike accidents are also somewhat common.
Often, bikes travel in bike lanes alongside normal traffic and parking lanes. As such, it is not unheard of for bike riders to be injured in dooring accidents. They might also be injured by negligent drivers when they have to share lanes of traffic. Your damages might be significant since injuries in bike accidents are sometimes severe. A qualified attorney should thoroughly investigate and calculate your economic and non-economic damages. You can get compensation for these damages by filing an insurance claim or a lawsuit. Many injured riders file both to get more of their damages covered. An attorney can help you prepare your case, assess damages, find evidence, and prove the driver was negligent.
Call The Carrion Law Firm at (631) 910-7493 for a free evaluation of your claims with our bicycle accident attorneys.
Typical Bicycle Accidents and Crashes in Hempstead
People sometimes dismiss bike accidents as non-serious, and many unfairly assume that bike riders are to blame. In reality, bike accidents are deadly serious and are often caused by negligent drivers. Speak to our bicycle accident attorneys about handling your injury claims.
One way that many bicycle accidents occur is through “dooring accidents.” This is when someone on the driver’s side of a vehicle opens the door in front of an oncoming bike rider. If the bike rider cannot swerve to avoid the vehicle, they might hit the door and be badly hurt. This is a common bike accident where bike lanes are alongside parking lanes.
Accidents are also common when there is no bike lane, and bike riders and drivers must share the same lane. While many drivers mistakenly believe that bike riders do not belong in the same lane as cars, bike riders have every right to use the road. Unfortunately, drivers often disregard bike riders or even try to overtake them recklessly on the road, and bike riders might be injured in the process.
Damages You Can Claim in a Hempstead Bicycle Accident Case
After a bike crash, your injuries might be quite severe, and your damages might be too high to cover on your own. Our bicycle accident lawyers can help you assess your damages so that you get as much compensation as you need and deserve to pay for your expenses.
Generally, bike accident victims may be awarded compensatory damages if they can prove that the defendant’s negligence caused the accident. Compensatory damages are designed to make up for the losses you incurred and put you back in the same position you were in before you were hurt. Compensatory damages might be economic or non-economic and add up to a large sum of money.
Economic damages make up for your financial losses related to the accident and your injuries. Chief among these damages are your medical expenses. Your medical expenses might be very high if your accident is especially severe. In addition, you might be unable to return to work, and you can claim the income you lost as part of your damages. You should also claim the value of your damaged bicycle.
Non-economic injuries are more subjective and encompass personal experiences rather than actual amounts of money. For example, a person badly injured in a bike accident might claim physical pain and emotional anguish as part of their non-economic damages. Our bicycle accident lawyers will advocate for as much compensation as possible for non-economic damages, but the jury will ultimately decide how much they are worth.
Ways to Get Compensation for a Bicycle Accident in Hempstead
After a bike accident, one of your biggest concerns might be how to afford all the expenses you incurred. Our bicycle accident attorneys can help you take legal action against the defendant to get financial compensation. Injured plaintiffs often begin by filing insurance claims, and many go on to file lawsuits to get additional damages.
Insurance Claims
New York is a no-fault insurance state when it comes to vehicular accidents. Although you were not driving a car when you were injured, your crash might still be considered a car accident for insurance purposes. If you have insurance, you might be covered under your own personal injury protection (PIP) coverage that all drivers are required to have. This coverage applies on a no-fault basis, meaning you can submit your claim without the need to prove who was at fault.
As a bike rider, you might not have auto insurance. You can file a claim with the driver’s insurance in that case. Unfortunately, insurance often only covers economic losses like medical bills, and your compensation might be limited depending on the insurance policy’s terms.
Filing a Lawsuit
If your insurance claim does not cover all your losses, or perhaps the insurance company denied your claim, a lawsuit can help you recover greater damages. In New York, a covered person (which includes injured bike riders) can only file a lawsuit if they suffered a serious injury according to I.S.C. Law § 5104(a).
Serious injuries are defined according to I.S.C. Law § 5102(d). Serious injuries include dismemberment, death, significant scarring or disfigurement, permanent limitation or total loss of body parts, organs, or bodily functions, and an injury that hinders you from performing normal daily living tasks for no less than 90 out of the 180 days immediately after the accident.
How a Lawyer Can Assist Your Bicycle Accident Case in Hempstead
Our bicycle accident attorneys will help you submit the initial complaint to start your lawsuit and guide you through the insurance processes. Both require evidence and an assessment of your injuries and damages, and hiring a lawyer can help you avoid making mistakes and get you the compensation you need sooner.
Filing an insurance claim and a lawsuit requires evidence of the accident. While you might not need to prove fault in an insurance claim, you absolutely do in a lawsuit. As such, an attorney can help you track down strong evidence to support your claims.
Call Our Hempstead Bicycle Accident Lawyers for Help
Call The Carrion Law Firm at (631) 910-7493 for a free case review with our bicycle accident lawyers.