Pittsford, NY Bicycle Accident Lawyer
Biking is a common alternative to vehicle travel, and it tends to be more popular in the spring and summer when the weather is nice. Unfortunately, bike riders are at risk of being in accidents with negligent drivers.
Bicycle collisions are often the result of negligent drivers in cars. Distractions like cell phones, violations like DWIs, or common traffic violations are frequently cited factors in many bike accident cases. To get compensation, you may first need to explore insurance options with an attorney. Depending on your situation, you may file a personal injury lawsuit. To prove your claims, you need evidence. Evidence might include, but is not limited to, photos from the scene, witnesses, medical records, and your own testimony about the accident. Speak to a lawyer about your case as soon as possible, as the statute of limitation might already be counting down on your claim.
Schedule a free case review by calling The Carrion Law Firm at (718) 841-0083 and talk to our bicycle accident lawyers about your claim.
Factors Behind Bike Accidents in Pittsford, NY
While bike riders should take all necessary precautions to remain safe, it might not be enough. You can be as careful as possible and still get hurt in a bad accident because of a negligent driver. While there might be any number of reasons for a bike accident, some come up more often than others.
Distracted driving is arguably one of the leading causes of auto accidents, including those with bicycles. Cell phones and other communication devices are common, and many are designed to sync with vehicles. As such, drivers face significant distractions like phone calls, texts, emails, and more. Even if the driver glanced at their phone for just a second, they might still be liable for the accident.
Many other bike crashes are related to serious violations like drinking and driving. DWIs are very serious offenses, and drivers might face criminal charges in addition to civil liability after a bike crash. As such, you might have to testify in criminal proceedings and wait for a verdict before we can commence a civil case.
Traffic violations are so common that people often expect to see them on the road. Speeding, failing to signal, running stop signs, and other mundane violations may lead to severe consequences. For example, the driver who hit you might have failed to signal their turn, causing you to crash into them. Alternatively, the driver might have been dangerously speeding and could not stop in time to avoid striking you.
Getting Fair Compensation for Damages in a Bicycle Accident Case in Pittsford, NY
Bike riders are very susceptible to injuries in crashes with moving vehicles. Riders might take numerous safety precautions but ultimately rely on drivers exercising their due diligence and remaining alert. If you were hit by a car while riding your bike, an attorney can help you get fair compensation.
Even though you were not driving a car when the accident happened, you may still use auto insurance to get compensation for injuries and damages. Auto insurance usually kicks in as long as a vehicle was involved in the accident, even if you were not in the vehicle.
Since New York is a no-fault insurance state, accident victims with insurance must file claims with their own personal injury protection (PIP) policy. This policy can help you cover various economic damages, like medical bills and property damage, up to the policy limits without proving who caused the crash.
Since many people ride bikes because they do not own vehicles and therefore do not have insurance, you might not have a PIP policy to file a claim with. Instead, you can file a third-party claim with the driver’s insurance.
Unfortunately, insurance is often limited, and many injured victims do not have their needs fully met. If the policy limit in your case is insufficient or your claims were denied, talk to an attorney about other options for compensation.
Personal Injury Lawsuit
One possible alternative to insurance claims is a personal injury lawsuit. The thing about personal injury lawsuits for vehicle collisions in New York is that there are significant legal hurdles to overcome. Under I.S.C. Law § 5104(a), people injured in car accidents, including those on bicycles, must first file insurance claims using PIP insurance as mentioned above. Injured victims can sue only if they have a “serious injury.”
A serious injury is legally defined by I.S.C. Law § 5102(d). It includes death, significant disfigurement, broken bones, loss of a fetus, permanent limitation or loss of body parts or functions, and any medically diagnosed injury of a non-permanent nature that stops you from doing normal daily tasks for 90 days out of the 180 days right after the accident.
Evidence You Can Use in Your Bicycle Accident Case in Pittsford, NY
Evidence is notoriously unpredictable in personal injury claims. For some, evidence is everywhere, and it is easy to prove their claims. For others, evidence is difficult to obtain, and getting compensation is made much harder. Remember, even if there is not much hard evidence in your case, it does not you’re your claims are invalid or compensation is out of reach.
A good place to start our search for evidence is at the location where you were injured. Often, people in accidents take pictures of the scene to show to insurance adjusters. These pictures can also make great evidence in a lawsuit. If you are unsure what to take pictures of, take pictures of everything.
We should also obtain copies of your medical records to prove your injuries and medical expenses. While you can certainly testify about your injuries, bodily injuries can be a bit subjective. For some, the pain is overwhelming, but for others, it is easier to deal with. Your medical records present your injuries more objectively, allowing the court to better understand the extent of the damage.
Witness testimony can sometimes make or break a lawsuit. The more people who saw you get hit by the car, the better. Even one or two witnesses can significantly strengthen your case. If witnesses are lacking, there might have been security cameras nearby that recorded the accident on video.
Call Our Pittsford, NY Bicycle Accident Lawyers for Help
Arrange for a free claim assessment by calling The Carrion Law Firm at (718) 841-0083 and speaking to our bicycle accident attorneys about your crash.