Bicycles are one of the most popular modes of transportation on Long Island. People bike to work, school, and other important places every day. While bike riders may be cautious, drivers in vehicles often are not, and as a result, bike riders may be hurt. If you are injured in a bike crash, talk to a lawyer about what kind of financial compensation you may deserve.
Since bike collisions with cars are technically car accidents, you can file an auto insurance claim. You may file a no-fault claim with your insurance or a third-party claim with the other driver’s insurance, depending on the situation. If your damages exceed insurance policy limits and you meet specific legal criteria, you can file an injury lawsuit. The sooner we get to work investigating the accident and gathering evidence, the stronger your case may be.
Call (718) 841-0083 and ask our bicycle accident attorneys with The Carrion Law Firm for a free, confidential case assessment.
What Medical Treatment Do You Need After a Bike Accident?
Bicycle accidents with vehicles are incredibly dangerous, and injured riders often need urgent medical care. Exactly what kind of care you need and how much it will cost will depend on your injuries.
It is a good idea to go to the emergency room after a bike accident. Even if you do not feel badly hurt, go to the hospital anyway. Tests, scans, and X-rays may show that you have internal injuries, or you might just have some bumps and bruises. You will not know until you seek help.
If your injuries are serious, you may need long-term care or follow-up care that will only add to your expenses. Especially catastrophic injuries might require lifelong care, and your damages may be incredibly high.
Whatever the situation might be, go to a doctor immediately. Keep track of all the treatments or procedures you receive, medical bills, and records of hospital visits. You may need this information for your claim.
Determining Who is Liable for a Bike Accident on Long Island
Responsibility for a bike accident is not always clear, and you should ask an attorney for help if you are unsure who should be held liable.
In many cases, the driver who hit the bike rider is liable for the accident. Drivers must look out for bike riders on the road, as bike riders are extremely vulnerable to accidents and injuries. If a driver is negligent on the road, they should be held responsible for their actions.
Sometimes, more than one driver is involved in a bike accident, and multiple drivers may be held liable. This is more common in cases of multi-vehicle accidents where numerous people are injured.
Unless you were riding your bike in violation of traffic laws, you are likely not at fault. Remember to stay in the bike lane if one is available and avoid roads that are closed to bike traffic. Talk to your attorney if you are worried you might be partially responsible.
How to Recover Compensation for a Bicycle Accident
Bike accidents involving vehicles are technically considered car accidents, and your case could be covered by insurance. Alternatively, you can file a lawsuit against the driver who hit you. Your attorney can help you decide what to do.
Insurance Claim
In New York, drivers must carry no-fault, personal injury protection (PIP) insurance. Instead of filing a claim with the other driver’s insurance, you must file a claim with your PIP coverage. Even though you were riding a bike, you may file a claim with your PIP coverage if you have any.
Many people choose to ride bikes because they do not own a vehicle, so they do not have auto insurance. In that case, you can file a third-party claim with the defendant’s insurance.
Remember, in a no-fault claim, there is no need to prove who caused the accident. You only need proof that the accident happened and proof of your damages. If you file a third-party claim, you should be prepared to prove how the driver is responsible.
Lawsuit
If insurance is unavailable or insufficient, you can file a personal injury case against the driver. A lawsuit is more involved than most insurance claims, and our bicycle accident attorneys must be prepared with strong evidence, legal strategies, and smart arguments.
Another aspect of New York’s no-fault insurance law is that you cannot file a lawsuit unless you have a “serious injury.” Serious injuries are defined to include many permanent or painful injuries, like dismemberment, disfigurement, death, fractures, and more.
Depending on the severity of your accident, proving a serious injury might be easy.
What to Do if the Driver Flees After a Bike Accident on Long Island
After an accident, all parties must remain at the scene until the authorities arrive. Leaving any sooner may be deemed a hit and run and subject to criminal prosecution. Unfortunately, when drivers flee, it is hard for victims to file legal claims.
If you were the victim of a hit and run while on your bike, call the police immediately. Explain that you are injured and that the driver fled. They should come to the scene immediately and help you get to the hospital. If your injuries are serious, ask for an ambulance, too.
We may have to wait to file a civil case while the authorities investigate. We cannot sue the driver who hit you until we find them. Once found, they may be criminally charged for a hit and run, and criminal charges will probably take precedence over your civil claim.
If the defendant is found guilty in criminal court or pleads guilty to the charges, we can use the verdict or their plea to support your civil case.
How Much Time We Have to File Your Bike Accident Case
It is smart to seek legal help as soon as possible after an accident because your time to file a case is limited. Additionally, you must maximize the time your attorney has to prepare.
Personal injury cases must be filed within the limitation period established by the statute of limitations. According to C.V.P. Law § 214, you have 3 years to file your case, and your time begins on the date of your bike accident. The longer you wait to get legal help, the less time your attorney has to prepare.
We may have extra time under very special conditions. One possibility is that the statute of limitations can be tolled if the defendant leaves the state. Under § 207, if the defendant leaves the state, like in a hit and run, and they are beyond the reach of long-arm statutes, the time they are gone is not counted toward the limitation period.
If you are unsure about taking legal action, call a lawyer anyway. Even if you choose not to pursue a lawsuit, your attorney can help you explore your options.
Damages Available in a Bike Crash Case
Your damages will be unique to your case, and no two cases are alike. Damages may account for the financial costs of the bike accident and more subjective injuries that cannot be measured in monetary terms.
Property Damage
A crucial component of our damages calculations is property damage. First and foremost, we should consider the value of your damaged bike. Many bikes are expensive pieces of equipment and difficult to replace. Your bike might be particularly valuable if you made numerous costly alterations.
You might have also damaged personal property in the accident. If your helmet was damaged, it should be replaced. If you lost other items, like a phone or belongings you had in a backpack, they should be included, too.
Hospital Expenses
After your accident, you should have gone to a doctor immediately. Whether your injuries were minor or major, you likely have significant hospital bills. Even one visit to the emergency room may be very costly. If your injuries are serious, your treatment might be more intensive and expensive.
We also must think about your long-term care needs. Severe injuries often require more care for a longer period, and we can account for reasonably anticipated future medical expenses. Injuries that require lifelong care can result in incredibly high damages.
Pain and Suffering
Some damages may not be established with proof of costs. Instead, these damages take a physical, mental, and psychological toll on victims.
The physical pain from your injuries may be intense. The initial accident might be incredibly painful, and you may experience residual pain for weeks or even months as you recover. Some injuries are more complicated and might come with chronic pain for years.
The accident and your recovery process can be psychologically damaging. Many people view being hit by a car while on their bike as a near-death experience. Such trauma can follow you for years, and your mental and emotional health may suffer greatly.
Evidence to Support Your Bicycle Accident Case
Proving injury claims is not easy, and we will need strong evidence of the defendant’s wrongdoing to win your case.
A great place to start looking for evidence is by talking to people who saw the accident. Witnesses may have seen something that you missed, and they can help us piece together the accident in court. The more people our bicycle accident lawyers talk to, the better.
Depending on where your bicycle accident happened, there might have been security cameras nearby. If these cameras recorded the accident, we must get those videos. Video footage of the accident can be extremely powerful and might be the strongest evidence in our arsenal.
We can also use your medical records as evidence of your injuries. If the defendant disputes the severity of your injuries, your medical records might say otherwise. They can also help us prove how much your treatment costs.
Investigating a Long Island Bicycle Accident
The progress of your case may depend on the results of a thorough investigation. While the authorities might investigate your accident, our legal team may also search for information and evidence.
The investigation may begin at the scene of the accident. We can speak to people who were present to see if they know anything that we do not. We can also check the area for security cameras. If a camera caught the accident on video, the footage may be crucial to your case.
We should also focus on gathering important records about the accident and your injuries. Your medical records may provide insight into your injuries, the costs of treatment, and the extent of your pain. Police records may lead us to new evidence we have not yet discovered.
Why You Should Hire a Bicycle Accident Lawyer
You might be thinking about handling your case on your own to save money, but this is usually a bad idea. Your case may be more complex than you realize, and an attorney should be able to assist.
First, your lawyer can help you investigate the bike accident. They should know how to collect evidence, interview potential witnesses, obtain copies of police reports, and obtain copies of your medical records. This is a lot to deal with, and your lawyer should help you while you focus on recovering.
Second, your attorney may advise you of all your legal options. While you can file a lawsuit to get compensation, you might have other options that suit your needs better. Then again, a trial might be the best option. Your attorney should help you make an informed decision about what to do.
Finally, your attorney should know how to draft important legal paperwork. Paperwork might seem tedious, but it is a crucial element of any civil lawsuit. Everything about the case must be properly documented and filed. If it is not, the entire case could fall apart.
Contact Our Bronx Bicycle Accident Lawyers for Help Today
Call (718) 841-0083 and ask our bicycle accident attorneys with The Carrion Law Firm for a free, confidential case assessment.
