Accidents on bikes are often caused by a car or truck rather than the bike rider. If you suffered an injury in a bike accident, you could be entitled to compensation for your injuries. However, getting the full compensation you deserve might be difficult under NY’s no-fault rules.
Our Jamaica, Queens bicycle accident lawyers can help you file insurance claims with the driver’s insurance and fight to get additional damages through a lawsuit. We can also help collect evidence, build a strong case, and fight to settle your case at a fair value.
For a free case review, call The Carrion Law Firm’s Jamaica, Queens bicycle accident lawyers today at (718) 841-0083.
Getting Damages for Injuries in a Bicycle Accident in Jamaica, Queens
For injury victims, damages for their medical bills, lost wages, and pain and suffering can be vital to moving forward with their lives. The damages paid through no-fault insurance in New York can often be confusing, and they might be too low to cover your needs. However, our Jamaica, Queens bicycle accident lawyers can help you understand these no-fault rules and file your case – if you are eligible – to fight for additional damages.
In New York, every driver has to have insurance to cover themselves and the passengers in their car after an accident. However, the damages paid through this policy only cover medical bills and lost wages. Your right to file a lawsuit if you are covered by this insurance is also blocked unless you suffer “serious injuries.”
These laws affect cyclists as well. It is not expected that bike riders would have insurance, so they are treated as pedestrians for purposes of these insurance policies. As such, the driver’s insurance is expected to cover the bike rider in the event of a crash, even without the need to prove fault. However, the damages paid under these policies are limited, as discussed above.
To get your full damages paid, you will have to show that you have “serious injuries.” Our Jamaica bicycle accident lawyers can help prove that your injuries meet this threshold and file a lawsuit against the at-fault driver to get the rest of the damages paid.
Suing for Serious Injuries in a Jamaica, Queens Bike Accident
To be able to sue for injuries after a bicycle accident, you must be able to meet the standards of I.S.C. Law § 5102(d)’s definition of “serious injuries.” Meeting this threshold is important if you are filing any auto accident lawsuit, bicycle accidents included.
Under the definitions in that statute, “serious injury” includes the following:
- Any injury projected to keep you from daily activities for 90 of the following 180 days after the accident
- Loss of a body part
- Any permanent loss of function in a body part
- Any “significant limitations of use” for a body part
- Any “significant disfigurement”
- Any broken bone
In addition, loss of fetus or death can also allow a family member to sue for damages.
In bike accidents, victims have no car, airbags, or seatbelts to protect them, and so their injuries are often quite severe. Even a broken bone qualifies as a serious injury and allows you to file a lawsuit for your bicycle accident. In many cases, injuries are far worse than this, and victims could be entitled to claim substantial compensation for their pain and suffering.
Common Causes of Bicycle Accidents in Jamaica, Queens
There are many different ways that bike accidents can happen, but the following causes are some of the more common ways that bicycle riders are injured:
Dooring Accidents
Drivers who park their car and then open their door into a bike lane can be held responsible for injuring any riders with their door. These accidents are surprisingly common and often leave bikers with serious injuries.
Right Turn Accidents
Drivers making right turns at intersections must look out for bike riders potentially coming up on their right side. Hooking across a bike lane and crashing into a rider can cause dangerous accidents that our Jamaica, Queens bicycle accident lawyers can help you recover for.
Distracted Driving
Drivers who use their cell phones or otherwise engage with distractions behind the wheel can be held liable for crashing into a cyclist. Distracted driving is, overall, a quite common cause of auto accidents, including bicycle accidents.
Speeding
Any driver traveling over the speed limit will find it harder to stop on time and adjust course to avoid potential accidents. If you were hit by a speeding driver, you could be entitled to file a lawsuit against them.
Improper Lookout
Drivers who simply fail to watch out for cyclists often cause accidents. While drivers often look out for other cars on the road, they may fail to look out for motorcycles, scooters, and cyclists.
How Much is My Bicycle Accident Case Worth?
To determine the total damages in your specific case, it is important to have our Jamaica, Queens bicycle accident lawyers review the facts and evidence in your particular case. Every injury case is unique, and each injury will involve different amounts for medical bills, lost wages and earning capacity, other out-of-pocket expenses, and pain and suffering. Many cases are worth far more than no-fault insurance will cover, and far more than the defendant and their insurance company might be willing to pay in a settlement.
Instead of trusting these valuations, work with an attorney who can calculate the damages in your specific case.
Call Our Jamaica, Queens Bicycle Accident Lawyers Today
For a free review of your particular case, call our Jamaica, Queens bicycle accident lawyers today at The Carrion Law Firm today at (718) 841-0083.