New York City (NYC) Bike Accident Lawyer
If you were hit by an automotive vehicle while riding a bicycle because the driver was negligent, your medical bills, medical prescriptions, lost wages, and other financial losses should be covered by your insurance provider. The compensation available is limited by the policy’s limits and does not include pain and suffering in the calculation.
If your injuries were very serious, you could be entitled to pursue additional compensation, including pain and suffering, through a personal injury lawsuit. Our experienced New York bicycle accident lawyers will investigate the accident and work to maximize your financial recovery, whether you file a claim against the insurance policy or file a lawsuit in court.
At The Carrion Law Firm, our knowledgeable team will fight for the compensation you deserve. The laws surrounding bicycle accidents are complicated. If you were hurt in a bicycle crash, your job is to attend to your physical recovery while our office advocates for your legal rights. Call (718) 841-0083 to speak with a seasoned attorney.
Common Causes of Bicycle Accidents in New York City
Bicycle accidents are serious matters. Outside of a helmet, most cyclists lack any protection from other vehicles on the road surface. The lack of protection and discrepancy in the size of the vehicles involved in an accident usually results in devastating injuries for the rider. Bicycle accidents occur for a variety of reasons. No matter how your accident happened, our New York City personal injury attorneys are a valuable tool if you want to receive the compensation you deserve.
Distracting driving is a danger for anyone else on the road, especially cyclists. A simple act of checking a text message could cause a driver to shift a foot or two. While this might pose a danger to other cars, a bicycle traveling alongside the shifting car might not have the space to avoid a collision. When a distracted driver ignores a stop sign or other traffic light, a much smaller bicycle might not be noticed until a catastrophic crash occurs.
Driving while drunk is illegal and dangerous. 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 they clearly see.
Drowsy drivers are as dangerous as drunk drivers. If someone is navigating the streets of New York with very little sleep, their mental and physical capabilities are seriously impaired. A fatigued driver might dose off or close their eyes for a moment, colliding with a cyclist.
Ignoring Traffic Signals
New York has a vast amount of heavy traffic. Accidents happen when drivers fail to obey traffic signals and stop signs. Cyclists are also required to obey these same rules.
When someone purchases a bicycle, they anticipate that it will perform correctly and is safe for use. However, when a design defect is present or a manufacturing error occurs, a mechanical failure could cause a bicyclist to lose control and smash into a car or another object. If this happens, the manufacturer or another entity in the distribution chain could be held liable for any injuries.
Poor Road Conditions
New York City is responsible for maintaining the roads in Manhattan and throughout the entire city. Potholes, defective maintenance covers, debris, and other hazards might not present a danger to someone driving in a car. However, these same road surface issues are dangerous and possibly deadly for someone traveling on a bicycle.
New York No-Fault Insurance and Bicycle Accidents
New York is a no-fault insurance state. The laws in place were designed to help ensure that car accident victims receive compensation to cover their medical expenses no matter who caused the accident. 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.
Unfortunately, these types of insurance claims are often difficult to navigate. Our New York City bicycle accident attorneys are here to help you. In many cases, an experienced lawyer results in a higher award.
To file a no-fault insurance claim, an injured bicyclist must do the following:
- Send a written notice to the insurance company within 30 days of the accident.
- Have a bill for medical treatment sent to the insurance company within 45 days of the treatment.
- To file a claim for future damages, you might have to undergo additional medical exams requested by the insurance company.
Filing a Personal Injury Claim After Bicycle Accident in New York
Even if a no-fault insurance policy covers your injuries, you still could be entitled to file a personal injury claim. If your injuries were serious enough, you have three years from the date of the accident to file a lawsuit. The significant difference in filing a lawsuit is you are permitted to seek compensation for non-economic damages, such as physical pain, emotional suffering, and mental distress. To understand your rights, it is vital to contact an experienced personal injury attorney as soon as possible.
Our New York Personal Injury Lawyers Represent Bicycle Accident Victims
Bicycle accidents could result in devastating injuries. While you could rely on your insurance, if your injuries are serious, you could find yourself overwhelmed with medical expenses and unable to work for weeks or months. Our New York City bicycle accident lawyers understand the insurance laws and know when an injured cyclist should file a personal injury claim. Call (718) 841-0083 to reach The Carrion Law Firm.