Schenectady Bicycle Accident Lawyer
Bikes are a common method of transportation and popular recreational activity. Unfortunately, bicycle accidents might happen when drivers in cars are negligent.
Bicycle accidents often happen along ordinary traffic lanes, but they can also happen where cars should not be, like on sidewalks. Accidents are often caused by negligent drivers who fail to spot bike riders. You might have several options for legal action for damages. You can file an insurance claim under your own no-fault auto insurance or under the insurance of the driver who hit you. We can also help you file a lawsuit against the negligent driver. You can recover damages related to economic losses and non-economic injuries. Every case needs evidence, and our team can help you collect physical evidence, records, and witnesses to help back up your claims.
If you were hit by a car while riding your bike, you deserve compensation from the negligent driver. Our Schenectady bicycle accident lawyers can help you get justice and closure. For a free case evaluation, call The Carrion Law Firm at (718) 841-0083.
How and Where Bicycle Accidents Can Happen in Schenectady
Bike accidents can happen anywhere that people ride their bikes. Accidents often happen in bike lanes running alongside normal traffic lanes. Many other accidents happen on sidewalks or other places near roads and highways. Often, bicycle accidents happen because drivers in cars are distracted, negligent, or refuse to share the road with bike riders. Our Schenectady bicycle accident lawyers can help you figure out how your accident happened so you can take effective legal action.
Many bike accidents happen in bike lanes. Depending on what street you are biking on, the bike lane likely runs alongside normal traffic lanes and next to parking lanes. When drivers enter or exit their parked vehicles, they sometimes throw open their car doors without checking for oncoming bike riders. Many bikers are injured in dooring accidents where they crash into open car doors.
Intersections are dangerous places for bike riders. Bike riders can go through intersections with regular traffic flow as long as they obey all traffic signs and laws. Unfortunately, many drivers completely disregard the presence of bike riders at intersections, and bikers end up getting hit and severely injured.
Sometimes, bicycle accidents happen where cars have no business being. Many bike riders travel on sidewalks where permitted. When drivers in cars lose control of their vehicles, they might run up on sidewalks and strike bike riders. This is often due to distracted driving, intoxicated driving, or generally reckless driving.
Taking Legal Action for a Bike Accident in Schenectady
In New York, auto insurance covers all automobile accidents, even if only one person is driving a car. This means that auto insurance may still cover bike riders hit by cars. Exactly which party’s auto insurance covers your injuries depends on the details of the situation. Our Schenectady bicycle accident attorneys can help you determine whom to file your insurance claim.
New York is a no-fault insurance state, meaning drivers must carry personal injury protection (PIP) insurance that covers them in an accident regardless of fault. Many bike riders also have cars and their own auto insurance, and injured bike riders can file claims with their PIP policy to cover their economic losses from the accident.
Not all bike riders have their own auto insurance because they do not own vehicles. In such cases, the law has been interpreted so injured bike riders can file PIP claims with the driver’s insurance policy. The policy may cover economic losses from the accident, yours and theirs.
Unfortunately, PIP insurance only covers certain economic losses from the accident. Medical bills and the cost to replace your damaged bike are likely covered, but your physical pain, emotional trauma, and other non-economic injuries are not. If we can prove you suffered a serious injury, you can file a personal injury claim against the driver.
According to I.S.C. Law § 5104(a), only people who suffered a serious injury are permitted to sue after filing insurance claims. A serious injury may include broken bones, significant disfigurements, the loss of bodily organs or functioning, and other injuries that impair your ability to perform normal daily tasks.
Damages Available for Riders Injured in Bike Accidents in Schenectady
When filing a personal injury lawsuit for a bike accident, you can recover economic damages as you normally would in an insurance claim. You can also claim non-economic damages that might not be available through insurance. Our Schenectady bike accident attorneys can help you claim all the damages available in your case so you do not lose valuable compensation.
Economic damages should include your medical bills and the value of your damaged bicycle. If your injuries are severe, you might be unable to return to work for a while, and your lost income can be claimed as part of your economic damages.
Non-economic damages are harder to describe because they are connected to your subjective experiences rather than a concrete dollar amount. For example, we can assess how your life has been impacted by the physical pain you endured and your emotional trauma from the accident. We can also evaluate non-economic injuries like humiliation, damage to your reputation, or an overall loss of enjoyment of life.
How to Get Evidence of Your Bicycle Accident in Schenectady
To prove your claims in court, we need as much evidence as we can gather. Depending on where and how your bike accident happened, there might be a lot of very little evidence available. Our Schenectady bike accident lawyers can help you find the evidence you need to prove your claims and get the damages you deserve.
Physical evidence might be available at the scene of the accident. One important piece of physical evidence we should consider is your damaged bike. A severely damaged and mangled bicycle may help prove the accident’s severity.
We can use pictures and videos if we cannot get any evidence from the accident scene. After your accident, you should take photos and videos of the accident to preserve as many details as possible.
You should also try to exchange contact information with other people at the accident scene who might have seen the collision unfold. These people can testify in court as witnesses. The more people who testify and back up your claims, the better for your lawsuit.
Contact Our Schenectady Bicycle Accident Lawyers for a Free Case Assessment
If you were hit by a car while riding your bike, our Schenectady bicycle accident lawyers can help you find evidence of the collision and file a lawsuit against the negligent driver. For a free case evaluation, call The Carrion Law Firm at (718) 841-0083.