Bicycles are one of the most popular modes of transportation in New York City, including Port Richmond on Staten Island. Unfortunately, drivers in cars do not always show bike riders the courtesy and respect they show other vehicles, and bike riders get hurt. After a bike accident, you deserve fair compensation for your injuries and justice.
Bike crashes typically happen when bicycles and vehicles cross paths. Parking lanes, intersections, and almost anywhere else where bikes and cars must share space carry certain risks. If you are hit by a car while on your bike, call for help right away. You should also get the police involved, especially if the other driver flees the scene. As you wait for help to arrive, try to take some pictures of the crash scene, as they might make for useful evidence later. Your lawyer can help you get financial compensation in one of several ways, including insurance claims or personal injury cases. Compensation should account for your various economic and non-economic injuries and losses.
Receive a free, private evaluation of your case from our bicycle accident attorneys by calling The Carrion Law Firm at (718) 841-0083.
Common Factors in Port Richmond Bicycle Accidents
While every bike accident is unique, certain factors tend to be common and might be worth investigating with your attorney. Knowing how your accident happened may help us figure out whom to hold responsible and where our bicycle accident lawyers can find evidence to support your claims.
Bike riders are often found in bike lanes. Many bike lanes run parallel to parking lanes, and drivers often must park their cars while trying to avoid bike riders. Unfortunately, not all drivers keep an eye out for oncoming bikers, and they sometimes get hurt. Dooring accidents are common in these situations. They occur when a bike rider is traveling down a bike land, and someone in a parked car throws their door open directly in front of the oncoming biker without checking. If the bike rider is going too fast to stop, they might violently crash into the open door.
Speeding drivers are another common cause of bicycle accidents in Port Richmond. Even when drivers are willing to peacefully share the road with bike riders – which they are legally required to do – they might be traveling too fast for bike riders to remain safe. If a speeding driver sideswipes a bike rider, that person might be catastrophically injured or worse.
Many accidents are instead caused by vehicles failing to yield to bike riders. In many circumstances, drivers are required to treat bike riders as other vehicles. Unfortunately, many drivers do not see it this way and disregard bike riders, often to the bikers’ detriment. This might mean turning at an intersection when they should be yielding to an oncoming bike rider. If they strike the bike rider, the driver may be held responsible.
What to Do if You Are Hit by a Car While Riding a Bicycle in Port Richmond
Call for help immediately if a vehicle strikes you while you are on your bike. Depending on how the accident happened, you might be severely hurt and in need of emergency medical attention. If you or someone with you has a cell phone, call 911. If you do not feel that an ambulance is necessary, you should still try to get to a doctor as soon as possible.
You should also get the police involved. Even if the accident does not lead to criminal charges or an investigation, the police may write an accident report we can submit to insurance companies to try to get your compensation. If the driver was intoxicated, fled the scene, or hit you at a high rate of speed, the police are necessary, and you should call 911.
As you wait for help to arrive, you might be able to start collecting evidence we can use to support your claims. Photos of the accident scene might record important details that would be otherwise lost. If you have a camera, such as the one on your phone, snap some pictures. If you are too injured to take pictures, ask someone with you to do it.
Once you have received medical care and talked to the police about the accident, call a lawyer to discuss how to get fair compensation. Your attorney can assess the value of your claims and the strength of the available evidence and determine your strongest legal options.
How You May Obtain Financial Compensation for a Port Richmond Bicycle Accident
Speaking of legal options, many injured accident victims have more than one option for getting financial compensation. While many people benefit from insurance claims, others benefit more from a civil injury lawsuit. Still, other options might exist, and your attorney can advise you on how to proceed.
Car Insurance
Although your accident happened while you were riding your bike, auto insurance might still cover your damages if a vehicle was involved. Since many bike riders are struck by vehicles, they can often file car insurance claims. According to I.S.C. Law § 5104(a), New York adheres to no-fault insurance rules. This means that everyone with car insurance must have no-fault personal injury protection (PIP) coverage. When you are hurt, you must file a claim with your PIP coverage rather than the other driver’s liability coverage. Your PIP insurance should cover you regardless of who is to blame.
If you do not have auto insurance – many New Yorkers go without cars and insurance – you may file a third-party claim with the other driver’s liability coverage. However, the law specifically states that injured victims may not file civil injury cases in court unless they have a “serious injury,” as described below.
Personal Injury Case
If you would rather file a personal injury case, you will need to establish that you experienced a serious injury as defined under § 5102(d). This includes dismemberment, serious disfigurement, the loss of a fetus, fractures, death, the permanent loss or limitation of a bodily system, function, or member, and more. Bike riders are very vulnerable when hit by vehicles, and serious injuries are rather common.
Many people choose to file civil cases because insurance is insufficient to cover all their damages or the insurance company outright denies their claims. If you win your case, the insurance company must cover you. Not only that, but you may claim damages beyond the limits of the insurance policy. While civil cases tend to take more time and can be more challenging to get through, they are often worth the effort.
Speak to Our Port Richmond Bicycle Accident Lawyers About Your Case
Receive a free, private evaluation of your case from our bicycle accident attorneys by calling The Carrion Law Firm at (718) 841-0083.