Bicycles are a common mode of transportation used by many across Long Island. However, the lack of protection in the event of an accident while riding can lead to serious injuries that can have devastating consequences for victims of negligence, entitling them to compensation through lawsuits.
Examples of negligence leading to bicycle accidents include distracted or drunk driving, failure to use turn signals, bicycle defects, and deteriorating road conditions. Depending on the nature of your injuries, you could recover compensation for your damages through an insurance claim or a personal injury lawsuit. When pursuing either of these paths, it is always best to have capable legal representation on your side. Our attorneys can work to ensure your case is filed on time, contains the appropriate information, and is strong enough to recover the damages you need from a negligent driver for both your economic and non-economic harms.
To get your free initial case evaluation, contact the dedicated bicycle accident lawyers at The Carrion Law Firm by calling our offices at (631) 910-7493.
Causes of Bicycle Accidents on Long Island
People who utilize bicycles in their daily commute, as a source of exercise, or merely as a leisurely activity must deal with the dangers of being in close proximity to moving vehicles every day. This creates the risk of accidents, particularly if drivers sharing the road are distracted, fail to use turn signals, or are under the influence while driving.
Distracted Driving
Distracted driving becomes more problematic with each passing year. Drivers who are glued to their phones while behind the wheel might lose track of where they are on the road, causing swerving or short stops. These pose much more substantial risks to bicyclists, who occupy less space on the road and are, therefore, less visible in a distracted driver’s peripheral vision. Even when hit at slow speeds by distracted drivers, bicyclists might be thrown from their bikes and into oncoming traffic, potentially leading to life-altering injuries.
Failure to Use Turn Signals
Many vehicles in the Long Island area, particularly taxis and rideshare vehicles for companies like Uber and Lyft, make sudden stops and pull off onto the side of the road to either pick up or drop off passengers or deliveries. In many cases, these drivers may cross the designated bike lane or across the path of oncoming riders. Suppose the driver fails to indicate their turn or stop with their turn signals or hazards. In that case, it can be nearly impossible for a bicyclist to predict their actions, creating a serious risk of accident and injury. Drivers who veer into bike lanes might pin bikers between vehicles, potentially causing devastating crushing injuries.
Bicycle Defects
Not every collision involving a bicycle is the fault of another driver on the road. In some cases, defective parts on the bicycle itself could cause a malfunction that prevents the cyclist from braking, turning, or otherwise operating safely. In these cases, liability could exist for the bicycle manufacturer or retailer. These issues are difficult to identify without the help of our seasoned bicycle accident lawyers, so do not hesitate to contact us after the accident. Be sure to keep the damaged bike so it can be assessed for defects and potentially be used as evidence in your case.
Bad Road Conditions
Just as bicycles and other vehicles must be safe for use on the roads, the roads must be safe for the use of bicyclists and drivers. Divots, potholes, faulty traffic lights, and other issues of infrastructure maintenance could contribute to a bicycle accident, leaving the government entity that was responsible for this maintenance liable for the consequences.
Drunk Driving
Driving while under the influence of drugs or alcohol is not only dangerous, but it is one of the leading causes of serious injury and fatality in traffic accidents every year. If a driver’s ability to judge distance or time is impaired, a cyclist might be in grave danger without realizing it. When a driver’s reaction time is compromised by alcohol or drugs, they might not be able to avoid a collision with a bicyclist, leading to devastating harm.
In addition to recovering compensatory damages for medical bills, lost wages, and pain and suffering, victims might get punitive damages in lawsuits against drunk drivers on Long Island.
No-Fault Insurance Claims and Long Island Bicycle Accidents
New York is one of very few states that uses a pure no-fault insurance system. In a no-fault system, people who are injured in traffic accidents must typically pursue their compensation through insurance claims first, except in situations where the injuries suffered are particularly serious.
This rule exists to help ensure that car accident participants receive compensation to cover their medical expenses no matter who caused the accident and to help prevent unnecessary litigation. Bicyclists are able to take advantage of these laws to file a claim with their own auto insurance if they have coverage. If your insurance is exhausted, you could file a claim against the driver’s insurance provider.
Filing a successful insurance claim after a bicycle accident requires compliance with several procedural steps. The injured victim must send a written notice to the insurance company about the claim within 30 days of the accident. All bills for medical treatment related to the bicycle accident injuries must be sent to the insurer within 45 days of receipt. Before accepting a claim, the insurance company may require the claimant to submit for additional medical examination if they feel that the attention the claimant has already received is not sufficient.
Handling Insurance Claim Denials After a Long Island Bicycle Accident
Unfortunately, slight issues or clerical errors might ultimately lead to a denial of your insurance claim. If the insurance company is taking too long to deliberate on your claim or issues a denial that you feel is unfair, contact our bicycle accident lawyers as soon as possible. You may be able to appeal the claims adjuster’s decision or sue the insurance company in court to recover the compensation that you deserve.
Suppose the insurance company issued a frivolous denial or used unfair tactics to exert pressure on you. In that case, you may be able to obtain additional compensation through a lawsuit against the insurer alleging bad faith. These situations are much more common in instances where the insurance representatives suspect that the claimant does not have legal representation, so having our attorneys by your side can prevent you from having to deal with unfair treatment in your recovery efforts.
Passing New York’s Serious Injury Threshold After a Long Island Bicycle Accident
When your damages exceed personal injury protection policy limits and your injuries are especially serious, you may file a lawsuit against the driver who hit you on Long Island. We will take the necessary steps to confirm whether or not you can sue right away so we have as much of the statute of limitations left as possible to prepare and file your lawsuit.
One way to show your case is an exception to New York’s no-fault rules under I.S.C. Law § 5104 is by calculating your initial damages to see if they qualify as a “basic economic loss.” Incurring $50,000 in medical and other economic damages means you can file a lawsuit and seek compensation for non-economic damages, like pain and suffering.
Victims may do the same after suffering “serious injuries,” which can be found under § 5102(d). While miscarrying because of an accident, suffering significant disfigurement, or enduring a permanent injury may qualify you to file a lawsuit after a bike accident, so would sustaining a fracture of any kind.
Many victims quickly incur a basic economic loss of $50,000 or are immediately confirmed to have suffered a serious injury, as bicyclists have little protection from physical harm during accidents with motor vehicles. We can prepare the necessary medical records and physician statements to show you sustained a particularly bad injury, as well as proof of your economic losses, like medical expenses and lost wages.
Deadline to File Your Lawsuit for a Bicycle Accident on Long Island
While you have a right to recovery through a lawsuit after suffering serious injuries or incurring a basic economic loss after a bicycle accident, that right only remains for the duration of the statute of limitations. Once that period ends, you can no longer file your lawsuit to recover damages.
New York gives victims three years after accidents to file their lawsuits in most cases. Initially, this seems like plenty of time for victims to bring claims and hold drivers accountable. Though New York’s statute of limitations is relatively long compared to many other states, it is still challenging for many victims to meet, particularly those who suffer life-altering injuries during accidents. Unfortunately, though focusing on your physical recovery is understandable and important, it does not push back the filing deadline, and missing that would block you from getting compensation.
Our attorneys can focus on preparing your case to file before the deadline, even if it is soon approaching. Despite having the full three years under the law to file their injury complaints in court, victims should not intentionally delay initiating lawsuits with our lawyers, as the more time we have to prepare and file a strong case, the better.
New York’s Comparative Negligence Rules and Long Island Bicycle Accidents
In lawsuits, at-fault drivers might claim that injured bicyclists also acted negligently, such as by veering out of a bike lane or ignoring their right of way. The point of this is to show that the victim should have to pay for some of their damages rather than the defendant covering everything. This could happen because of New York’s comparative negligence rules, which our attorneys can prepare you for and work to circumvent during your case.
According to C.V.P. Law § 1411, New York is a pure comparative negligence state. While you can recover damages when sharing fault for a collision and your injuries, your damages will be reduced proportionally. For example, if the defendant is successful in arguing comparative negligence and is found to be only 60% at fault for your injuries, they would only cover 60% of the damages you incurred, forcing you to cover the remaining 40%.
Fortunately for victims, there are many ways to combat comparative negligence defenses, so defendants are not successful and must pay all the damages victims incur. For example, promptly identifying and interviewing eyewitnesses can lead to them testifying in court, directly refuting assertions from the defense and corroborating the facts of our case. Accident reconstruction experts are also invaluable in preventing defendants from being successful with their comparative fault defenses, as these experts can pin down a collision’s sequences of events and testify to them at trial.
Injured in a Bicycle Accident on Long Island? Contact Us Now for Help
Call (631) 910-7493 and get a free initial case assessment from the bicycle accident lawyers at The Carrion Law Firm today.