Bicycles have the right to share the streets of New York City. Unfortunately, drivers and pedestrians don’t always remember to watch out for bicycles. When you’re hurt in a bicycle accident that someone else caused, you may also have the right to financial compensation.
At Rosenbaum & Rosenbaum, P.C., our experienced NYC personal injury lawyers can help. We know how to fight to get the fair compensation you deserve. Call an experienced bicycle accident lawyer to schedule a free, no-obligation case review today.
How an Experienced Personal Injury Lawyer Can Help if You Were Hurt in a New York Bicycle Accident
A bicycle accident can take you off your feet for weeks. In serious accident cases, you might be facing months of recovery time. Dealing with a personal injury claim can be just as challenging.
Most accident cases aren’t clear cut victories for either party. Even if your right to compensation seems clear, the insurance company doesn’t always want to give you the money you deserve. They might even try to claim that the accident was your own fault.
At Rosenbaum & Rosenbaum, P.C., our lawyers will first work to preserve the evidence, which can be key to protecting your right to fair compensation. We will:
- Visit the accident scene
- Take photos and locate any video surveillance
- Preserve any GPS data
- Interview witnesses
- Work with accident reconstruction specialists
It’s important to retain an experienced New York City personal injury attorney to take care of these important details–and to make sure your legal rights are protected. Most accident victims have never had to go through the insurance claim process.
It’s important to have a lawyer by your side through this process because:
- The insurance company knows what your case is worth–and will usually use tactics to pay less
- Someone else might try to blame you for the accident, which can reduce your compensation award under NYC contributory negligence rules
- You might be able to hold multiple parties accountable for your accident
- Negotiating with the insurance company can be stressful and time-consuming–and you should be focused on your financial recovery
Our bike accident lawyers advocate for victims of bike accidents to hold negligent drivers accountable. We want to make our streets a safer place for all cyclists. Call to schedule your free consultation with an experienced NYC bicycle accident lawyer today.
Bicycle Safety: How Common Are New York Bike Accidents?
In addition to the economic, environmental and health benefits of riding a bicycle, the Citi Bike program has added another factor that has contributed to their popularity in the city: convenience.
According to a New York Department of Transportation (NYDOT) study of bicycle safety between 2006 and 2016, there were nearly 164 million bicycle trips in 2015–a 150% increase when compared with 2006. Bicycle accident fatalities, on the other hand, decreased by about 71%.
During the same time frame, NYC added 308 miles of dedicated bike lanes across the city and distributed over 180,000 free bicycle helmets. Despite this, there were over 3,395 bicycle accidents that resulted in severe cyclist injury in NYC between 2006 and 2014–and nearly 200 cyclists lost their lives.
Most bicycle accident fatalities involve motor vehicles such as cars, motorcycles, trucks, buses, and more. In 2017, when 1,024 bike riders lost their lives in a crash, 679 of those accidents involved motor vehicles. Motor vehicle vs. bicycle accidents almost always result in serious injuries for the bicyclist–and you need the best available lawyer to fight for your rights.
Common Causes of Bicycle Accidents
Bicycling through the city has become so common that the streets have been redesigned to accommodate bicycles.
While this is extremely positive, it doesn’t mean that the risk of accidents has been eliminated.
Bicycle accidents can be caused by:
- Driver distraction
- Aggressive driving
- Road defects
- Reckless driving
- Driver fatigue
- Traffic violations
Our New York City bicycle accident lawyers handle all types of bicycle accident cases. We frequently work with clients who have been injured in:
- Bike accidents with motor vehicles
- “Dooring” accidents, where someone in a motor vehicle opens a door into the bicyclist’s path
- Bike accidents with city buses
- Accidents involving defective manhole covers or street hardware
Understanding NYC municipal laws can be key to recovering compensation in a bicycle accident case. The relevant legal framework will vary depending upon what caused your accident.
For example, NYC Vehicle & Traffic Law Section 1214 provides that passengers in vehicles cannot open their doors into moving traffic until it is safe to do so–and cannot leave a door open longer than necessary to unload passengers. This law can be important if your accident was caused by dooring.
NYC transportation laws can be as complex as the city’s transit system. An experienced lawyer who understands the rules can help you navigate the complexities of getting fair compensation for your injuries.
Bicycle Accident Victims Usually Cause Serious Injuries to the Cyclist
Even if you were wearing a helmet at the time of the accident, bicycle accident injuries can be severe. While bicycles provide a healthy, eco-friendly mode of transportation, they can never offer the protection of a traditional motor vehicle.
Bicycle accident victims might suffer:
- Brain injuries
- Spinal cord damage
- Other head and neck injuries
- Broken bones
- Burn injuries
- Nerve damage
- Soft tissue injuries
- Organ damage
- Chest injuries
- Catastrophic injuries
- Wrongful death
Victims of bike crashes are often caught off guard by the cost of these injuries. Medical care is expensive even if you have full health coverage. You might not be able to work while you recover. Our personal injury attorneys are here to fight to get the full compensation you deserve.
Time is Limited to Get Compensation After a Bicycle Accident
The NYC statute of limitations gives you three years to file a personal injury lawsuit. However, it’s always important to act quickly after an accident.
To file a claim against the NYC transportation authorities, you only have 90 days to file a formal notice with the city. Some no-fault insurance claims give you even less time to file a claim to get your medical bills paid (as little as 30 days).
It’s also important to remember that street conditions can change quickly in New York. You might lose valuable evidence about the cause of the crash if you don’t act soon. A lawyer can help even if you are still recovering from your injuries. Call us today so that we can get to work investigating your case immediately.
How Could the New York City Comparative Fault Law Impact Your Case?
Most NYC bicycle accident cases are based on negligence. That means proving that someone else’s carelessness caused your accident and injuries.
However, the person responsible for your accident might accuse you of contributory negligence. New York operates under a comparative fault system. This means that New York law divides blame for an accident between the parties who were involved. Sharing fault will limit your ability to recover compensation.
Insurance companies know that NYC law reduces the compensation award of a victim who was also partly to blame for the accident. They might claim:
- You were distracted by headphones or a smartphone
- You were speeding
- The bicycle did not have proper reflectors or illumination installed, making it difficult for others to see you
- You should have seen the vehicle and taken steps to avoid the crash
Insurance companies go to work quickly to find any evidence they can to minimize the value of your claim. Establishing an attorney-client relationship can level the playing field.
Call our law firm today to schedule a free consultation and get the legal advice you need.
Getting Fair Compensation for Your Bicycle Accident Injuries
What the insurance company offers and what is actually fair are often two very different numbers. You only have one chance to settle your case. You need to make sure that the amount you agree to is enough to compensate for both your current and anticipated future expenses.
Our bicycle accident attorneys at Rosenbaum & Rosenbaum, P.C. will fight to get fair compensation for:
- Past and future medical bills
- Lost wages
- Lost earning capacity
- Pain and suffering
- Diminished quality of life
- Emotional distress
- Property damage
- And more
If you lost a loved one in a bicycle accident, you may also be entitled to damages for wrongful death. Those damages include both funeral and burial costs, as well as compensation for the loss of your loved one’s company and financial support.
When you’re fighting to recover from serious injuries, the last thing you want to worry about is fighting with the insurance company. Our lawyers have over 40 years’ experience handling complex accident and injury claims. We know what it takes to win the fair verdicts and settlements injured cyclists need.
Call our personal injury law firm today to learn more about protecting your legal right to compensation after a bicycle accident.
Schedule a Free Case Review with an Experienced NYC Bicycle Accident Lawyer
You need a strong advocate on your side while you recover from your bicycle accident injuries. At Rosenbaum & Rosenbaum, P.C., our practice is devoted to helping NYC accident victims through the challenges of getting fair compensation after an accident.
Speaking with a skilled personal injury lawyer is free, so call to schedule a 100% free case evaluation with an experienced NYC bicycle accident lawyer today. We represent clients across NYC and on Staten Island.