Oyster Bay Bicycle Accident Lawyer
Like many towns along Long Island, Oyster Bay is easily accessible by bike travel, and bicycles are a popular mode of transportation. Unfortunately, this means that bike accidents are a problem, and riders are often badly hurt.
Although you were not driving a vehicle when the accident occurred, you were hit by someone who was. As such, you may file an insurance claim through your or the other driver’s auto insurance. If certain eligibility criteria are met, you can file a lawsuit and potentially claim a wider range of damages that insurance might not cover. While liable parties tend to include the driver of the vehicle that struck you, others might also be implicated. You should speak to an attorney to determine who is to blame for the crash. Damages may consist of monetary costs in addition to non-economic injuries. Overall, damages might be quite substantial. You should hire a lawyer to help you evaluate damages, prepare your case, and advocate on your behalf.
Schedule a free review of your accident and discuss a potential lawsuit by calling our bicycle accident attorneys at The Carrion Law Firm at (631) 910-7493.
How to Get Compensation for Bicycle Accidents in Oyster Bay
After a bike crash in Oyster Bay, there might be more than one way to get fair compensation for your injuries and damages. The best way to get financial compensation depends on the factors surrounding your claim and your specific needs. An attorney can help you decide the best way of approaching your case.
File an Insurance Claim
Perhaps the first legal option that comes to mind after a bike collision is filing an insurance claim. Although bike riders are not driving vehicles when these collisions occur, they might still take advantage of an auto insurance policy.
New York insurance laws follow a no-fault system, meaning that people injured in auto accidents must first file claims with their own insurance policies, and there is no need to prove fault. If you have insurance, you should be covered regardless of who caused the crash. Bike accidents follow a similar model. Many bike riders have auto insurance even though they sometimes choose to ride their bicycle. Injured riders must file insurance claims with their personal injury protection (PIP) policies in such cases.
On the other hand, a lot of people on Long Island, especially those living close to public transportation, choose not to drive at all, and they might not have any auto insurance. In that case, you can file a claim with the other person’s insurance. If they are uninsured, you might need to file a lawsuit to get your damages covered.
File a Lawsuit
If the other driver is uninsured or your insurance claim exceeds the policy limits, our bicycle accident lawyers can help you sue the driver who hit you. A lawsuit might take more time and effort than a typical insurance claim. Still, lawsuits often allow injured victims to claim greater damages than are normally covered by an insurance claim, including significant non-economic damages for pain and suffering.
To file a lawsuit in New York after a vehicle accident, you must establish that you experienced a “serious injury” as required by law. A serious injury may include death, dismemberment, pregnancy loss, permanent loss or limitation of a bodily function, system, or organ, bone fractures, or significant disfigurement.
Additionally, if your injuries are serious but do not fit the aforementioned descriptors, you may claim still qualify if you have any injury of a non-permanent nature that prevents you from performing normal daily living tasks for at least 90 days out of the 180 days right after the accident.
Potentially Liable Parties in Your Bicycle Accident Case in Oyster Bay
You might have an idea of who is responsible for the crash. Ideally, the person driving should have stopped, called for emergency help, and waited for the police to arrive. If they did not exchange information with you, they likely gave their information to the police, which we can obtain from the police report. Many bike accident victims do not realize that others might have played a role in the accident.
In addition to the driver who hit you, other drivers might be at fault, at least partially. For example, perhaps the driver who hit you was speeding at the time and had to swerve because the driver in front of them hit the brakes with broken brake lights. Next, suppose that when the driver swerved, they hit you in the bike lane. Both drivers might be liable because their negligence combined to cause the accident.
Damages You Can Claim in an Oyster Bay Bicycle Accident Case
Bike accidents might leave bike riders with severe injuries and deep psychological wounds that take a long time to heal. Damages may be substantial, and you deserve fair compensation for everything that has happened to you. Among your damages are the financial costs of the accident in addition to the emotional or psychological scars.
Among your numerous financial losses are medical expenses, property damage, and income you lost from being unable to work. As you can imagine, and no doubt have experienced, these costs add up fast, and many plaintiffs cannot afford them. You and your attorney should carefully comb through all your expenses since the accident. Even the costs of traveling for medical care may be factored into your damages calculations. Future expenses you have yet to incur but reasonably anticipate may also be included.
Your non-economic injuries are a bit harder to evaluate but might still be worth substantial compensation. The physical pain from your injuries might be immense, and you deserve compensation for enduring your injuries. On top of that, the accident might take a significant emotional toll, and many victims live with PTSD, depression, anxiety, or other serious psychological injuries. While we might be unable to place an exact price on non-economic damages, the jury may be persuaded to return with a large compensation award.
Call Our Oyster Bay Bicycle Accident Attorneys for Help Today
Schedule a free evaluation of your case and claims by calling our bicycle accident lawyers at The Carrion Law Firm at (631) 910-7493.