Queens Fatal Bicycle Accident Lawyer
In a bicycle accident, the rider is often in a vulnerable place compared to the driver of the car or truck that hit them. In many cases, these accidents end up being deadly for the bike rider and leave the driver with little to no injuries. In Queens, the deceased rider’s family is often entitled to file a lawsuit to get compensation for their loss.
If you lost a loved one to a bike accident in Queens, you could be entitled to claim damages for their end-of-life medical care and pain and suffering, as well as damages for the ongoing harm your family faces. This means getting coverage for things like lost wages, lost companionship, and more.
For help holding the at-fault driver responsible, call our Queens fatal bicycle accident lawyers at The Carrion Law Firm today at (718) 841-0083. We offer free case evaluations.
Getting Compensation for a Deadly Bike Accident in Queens
If your loved one was killed in an accident, you can often file for compensation. In fatal bicycle accident cases, the at-fault driver often has insurance that can help cover the damages they owe your family. However, filing a claim with their insurance company might not lead to high enough damages to fully cover your needs.
When you file a lawsuit for a loved one’s death, you can often claim damages above and beyond what the insurance company might pay. No-fault insurance rules might restrict your right to file in some auto accidents – including bike accidents – but in cases of death, the surviving family is usually entitled to sue on behalf of their deceased loved one.
This lawsuit will typically come in the form of two separate legal actions that are grouped together. First, a survival action allows the victim’s estate to sue for any damages the victim faced at the end of their life. This includes pain and suffering, medical bills, and more. Second, a wrongful death action allows the surviving family to get compensation for losses they suffered. These damages could include lost spousal services, lost companionship, lost household services, lost income, lost inheritances, and more. Your Queens fatal bicycle accident lawyer can help you determine how to file these claims and what damages you could be entitled to.
Proving Fault in a Fatal Bike Accident Lawsuit in Queens, NY
Fault in a bike accident case can sometimes be confusing. When someone dies from being hit by a car, it is very likely that the driver did something very wrong – but that might not be the whole story. Complex bike laws might allow the driver to claim the cyclist was partially at fault, potentially making it harder for the deceased rider’s family to get the compensation they deserve.
Many bike riders are aware of the bike laws in New York and follow them to the letter. This means riding in bike lanes or on the road, signaling when you stop or turn, and stopping at red lights and stop signs. Other riders might prefer to ride on the sidewalk or in crosswalks – though this is not legal in many cases. Depending on how your loved one was riding, the at-fault driver might be able to claim that they were partly at fault for the accident.
However, bike riders are not typically killed in accidents unless the driver did something very wrong. The driver could primarily be the one at fault for the crash, especially if they were speeding, driving under the influence, texting while driving, or simply not looking out for bikers on the road.
In some cases, the court may be able to assign partial blame to each party. This will allow you and your family to still get compensation for your loved one’s death, but it might lower the damages slightly. The court can lower the deceased rider’s damages based on their share of fault, usually determined as a percentage of the overall fault in causing the crash. In New York, victims can claim damages for the defendant’s share of fault even if they share a high percentage of fault themselves. Your Queens fatal bicycle accident lawyer can break down the case and help you determine whether these claims of shared fault are justified. We can also fight against unjust victim-blaming.
Evidence to Prove a Fatal Bicycle Accident Case in Queens
When you found out your loved one was seriously injured or killed in an accident, your first thought was probably to be by their side at the hospital. In many cases of deadly bicycle accidents, there is no one to take pictures or collect evidence at the accident scene on behalf of the rider. However, police may have taken pictures or at least collected information and put it into a police report.
Getting a copy of the police report is a good place to start in investigating your loved one’s fatal bicycle accident. This report can be used as evidence in some specific situations, plus it contains information about how the crash occurred and what witnesses saw the accident. You may also be able to get footage from security cameras near the scene of the accident. Your loved one’s deathbed statements about what happened can also help. This evidence can go a long way toward proving what happened and why the other driver is at fault.
Ultimately, you will also need to prove what damages you and your loved ones faced. To do this, collect and keep track of any expenses and financial effects related to the accident, such as hospital bills, funeral expenses, and lost wages. Talk to a Queens fatal bicycle accident lawyer for help understanding the evidence you will need to prove your case.
Call Our Fatal Bicycle Accident Lawyers in Queens Today
For help seeking justice for the death of a loved one in a bicycle accident, contact the Queens fatal bicycle accident lawyers at The Carrion Law Firm. For a free review of your case, call us today at (718) 841-0083.