Bicycle Accidents

Bicycle Accidents
What’s the first thing I should do after a bicycle accident?
Ensure your safety first. Move to a safe spot if you can and check for injuries. Call 911 to report the accident and get medical help if needed. Try to take photos of the accident scene, your bicycle, any vehicles involved, and your injuries. Also, exchange contact and insurance information with the driver involved, but avoid discussing fault at the scene. It’s smart to see a doctor afterward, even if you feel okay, as some injuries show up later.
Can I get money for my injuries if the accident was partly my fault?
Yes. New York uses a rule called "comparative negligence," which means you can still get compensated even if the accident was partially your fault. The amount you receive will be reduced by your percentage of fault. So, if you're found to be 30% at fault and your damages total $10,000, you could still receive $7,000.
Who can be held responsible for my bicycle accident?
It could be the driver of the vehicle that hit you, another cyclist, a pedestrian, or even the city if poor road conditions caused your accident. Sometimes, more than one party might be responsible. An attorney can help figure out who is liable.
What kind of compensation can I claim?
You might be eligible for compensation that covers medical expenses, lost wages if you can’t work because of your injuries, pain and suffering, and damage to your bicycle. The specifics depend on the details of your case and the extent of your injuries.
How long do I have to file a claim after a bicycle accident in New York?
Generally, you have three years from the date of the accident to file a personal injury lawsuit. However, if you're filing a claim against a city or government entity, you only have 90 days to file a notice of claim. It’s important to act quickly to ensure you don’t lose your right to compensation.
Do I need a lawyer for a bicycle accident claim?
While not required, having a lawyer can make a big difference in your case. Dealing with insurance companies and navigating legal processes can be complicated. A lawyer experienced in bicycle accidents can advocate for your best interests, help maximize your compensation, and take the stress off your shoulders.
How does insurance work in bicycle accidents?
If a motor vehicle is involved, the driver’s insurance may cover your injuries up to a certain amount. New York is a no-fault state, so their personal injury protection (PIP) insurance might pay for your medical expenses and lost earnings, regardless of who was at fault. If your injuries are severe, you may also pursue a claim for additional compensation.
How much does it cost to hire an attorney for my bicycle accident case?
Most personal injury attorneys work on a contingency fee basis, meaning they only get paid if you win your case. The fee is usually a percentage of your settlement or award. Initial consultations are often free, giving you a chance to discuss your case without any upfront financial commitment.
How long will it take to settle my bicycle accident claim?
The time it takes to settle a claim can vary widely. Factors include the complexity of your case, how clear the fault is, and how long it takes for your injuries to stabilize. Some cases settle in a few months, while others may take longer.
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