Cycling in the bustling streets of New York is not just an environmentally friendly method of commuting but also a great way to maintain a healthy lifestyle. Unfortunately, it’s not without risks—a minor lapse of attention can lead to an accident with serious consequences for the cyclist. Knowing how to handle a bicycle accident claim can be pivotal in seeking justice and compensation.
New York’s streets come with unique hazards and thus, specific laws tailored to address them. Knowing these can influence the strength of your claim. For instance, doorings (when a car door opens into a cyclist’s path) are common and carry specific consequences under the law.
At Brown Chiari LLP, we understand the unique challenges faced by bicyclists and are committed to offering comprehensive insights into navigating through the aftermath of a bicycle accident. Here’s what every cyclist should keep in mind.
Understanding Your Rights on the Road in New York
Cyclists have the same rights on the road as any motor vehicle operator and are subject to the same duties and responsibilities. When a cyclist gets hit by a car, it often involves complex legal issues surrounding road rights.
Eligibility for a Personal Injury Lawsuit
In the event of being struck by a car while riding your bike, you might wonder about the possibility of pursuing a personal injury lawsuit. Concerns may arise regarding potential shared fault for the incident. Under New York law, cyclists are entitled to sue for damages if another party’s negligence caused the accident. These damages can include medical expenses, lost wages, and suffering caused by the incident.
Compensation for Your NYC Bike Accident
Following a bicycle accident, you have the option to file a lawsuit against the driver in NYC who collided with you. However, it’s crucial to determine the appropriate amount of compensation you should seek. Calculating your losses stemming from the accident is essential to ensure you are adequately compensated for both economic and non-economic damages.
If you have experienced any of the following damages, you may be entitled to compensation that addresses these losses:
- Medical expenses
- Lost wages
- Pain and suffering
- Emotional distress
- Property damage
Compensation should encompass more than just medical bills and bike repair costs. While these are important, it’s also vital to seek recompense for emotional losses, which are intangible and do not possess a predefined monetary value.
Navigating New York’s No-Fault Insurance System
New York operates under a no-fault insurance system, which means that after an accident, your insurance company will provide coverage for certain expenses, regardless of who was at fault. However, no-fault coverage has its limitations and often does not cover the full extent of your losses, especially in the case of serious injuries.
For cyclists, it’s crucial to understand how no-fault insurance applies to bicycle accidents. If you own a car and have auto insurance, your Personal Injury Protection (PIP) could provide coverage. If you don’t own a car, the driver’s PIP insurance may cover your expenses. In incidents where serious injury occurs, stepping outside of the no-fault system to file a liability claim or lawsuit against the at-fault driver might be necessary.
Immediate Steps Post-Accident
In the unfortunate event of a bicycle crash, taking immediate and decisive actions can help protect your rights and strengthen any potential claims you may have. Here are essential steps to follow:
Seek Immediate Medical Attention
Prioritize your health by seeking medical attention promptly after the accident. Even seemingly minor injuries could have delayed symptoms that require medical evaluation.
Report the Incident
Ensure you file a police report detailing the incident. This report serves as an official document that can be crucial in supporting your claim and documenting the circumstances of the crash.
Document Every Detail
Capture thorough documentation by taking photos of the crash scene, your injuries, and any damages sustained. Collect contact information from witnesses who can provide valuable testimony.
Preserve Evidence
Avoid repairing your bicycle immediately after the crash. The post-accident condition of your bike can serve as vital evidence in supporting your case. By preserving its state, you maintain crucial proof of the impact and severity of the accident.
Taking these proactive steps can not only help protect your legal rights but also facilitate the process of seeking compensation for the damages and injuries resulting from the bicycle crash.
Seeking Compensation for Damages
The road to securing compensation for your bicycle and associated damage involves several key considerations:
- Damage Assessment: Bicycle damage can range from minor repairs to total replacements. Ensure you get a professional estimate to accurately assess the costs.
- Liability Determination: Clearly establishing who’s at fault is vital. The other party’s negligence must be proven for your claim to be successful.
- Insurance Coverage: Understand what your insurance covers. If the accident involves a motor vehicle, the driver’s insurance may be responsible for covering your damages.
Serious Injury Threshold and Compensation
In New York, to pursue a liability claim against the at-fault driver, your injuries need to meet a “serious injury” threshold according to the state’s definition. This generally includes significant injuries such as fractures, dismemberment, permanent loss of use of a body organ, function, or system, and significant limitation of a body function or system. If your injuries qualify, you can seek compensation beyond what no-fault insurance offers.
Partnering with a Skilled Bicycle Accident Attorney in New York
Navigating the intricacies of bicycle accident claims in New York is a job for experienced professionals. An adept attorney not only guides you through the legal maze but also ensures your rights are protected every step of the way. At Brown Chiari LLP, our team specializes in bicycle accident claims and understands that each case presents its own set of facts and challenges. We are here to shoulder the legal burden so you can focus on your recovery.
A bicycle accident can be a distressing experience, but understanding how to pursue a claim can greatly alleviate the ordeal. At Brown Chiari LLP, we strive to provide you with the expertise and support necessary to make you whole again after an accident. Remember, you don’t have to go through this process alone. Our team of dedicated attorneys is here to help you every pedal of the way.
Should you need further assistance or legal representation, don’t hesitate to reach out. Ride safe, stay informed, and know that we are here to champion the rights of New York cyclists.
