Common Mistakes After a Bike Accident in New York

Many cyclists love riding their bikes to work, for exercise, or simply to enjoy the scenery on Long Island. Unfortunately, even the most cautious cyclists may face serious injuries when on the road. From distracted drivers not paying attention to poorly maintained roads, accidents happen more often than you might think. When a bicycle crash occurs, victims can be left with severe injuries and a lot of medical expenses.

What many cyclists don't realize is that the steps they take immediately following a bike crash can significantly affect the outcome of any bicycle accident claim. Mistakes that are made in the hours and days following a crash can make it harder to claim compensation for medical bills, lost wages, and pain and suffering.

Having legal counsel with a proven track record of success is imperative. The Law Office of Carl Maltese is a bicycle accident attorney who can help victims make a legal claim against the at fault party. They can also be helpful in explaining common mistakes after a drunk driving accident.

Here are some of the most common mistakes after a bike accident:

Leaving the Bicycle Accident Scene Without Calling the Police

One of the most common, and most costly mistakes, a person can make following a bike/auto accident is not contacting police. Many cyclists assume that if they don't need immediate medical attention or if the driver apologizes that it's not necessary to file a report. However, leaving the scene without official documentation can weaken a bicycle accident case.

Having a police report, along with medical records, is one of the best ways to preserve evidence in a bicycle accident, and it has important details like the names of the parties involved, witness statements, the officer's observations about negligence and fault, the vehicles involved, and other crucial evidence.

Even if a cyclist doesn't need immediate medical care, it's always best to call 911 and talk to a police officer. The report you get at the scene can be imperative from a legal standpoint.

Not Getting Medical Attention After a Bike Crash

Following a bike accident, adrenaline often masks pain. A cyclist might think they are fine, only to feel pain, swelling, headaches, or stiffness in the hours or days following the crash. Unfortunately, delaying medical attention can be a major mistake.

Oftentimes, if you delay medical treatment, the driver's insurance company may view that as a sign that the injury wasn't serious or related to the accident. Getting medical treatment immediately will show that there is a clear connection to the crash and the person's injuries.

In New York, it's important for victims to visit a hospital or urgent care center as soon as possible. This will help you avoid costly mistakes and establish a connection.

Failing to Gather Evidence at the Scene

Collecting evidence at the scene is very important, as it can disappear after a collision. It's important to document the scene, if you can, at the time of the accident.

When it's safe, you should do the following:

• Photograph the accident site, including street signs, bike lanes, skid marks, debris, and traffic signals.

• Take pictures or video evidence of the bicycle damage and any visible injuries.

• Obtain the driver’s name, driver's license plate, and insurance details.

• Get witness contact information in case their statements are needed later.

When physical injuries prevent a cyclist from gathering this information, asking a bystander or police officer for assistance can be invaluable. The evidence collected immediately after the accident can significantly strengthen a personal injury claim.

Admitting Fault or Apologizing After a Bicycle Crash

Following an accident, emotions often run high. Many people instinctively apologize, even if they are not at fault. This is one of the most critical mistakes you can make, as the other party's insurance company can claim that it's an admission of guilt.

In these cases, it is best to limit conversations to simply exchanging information. Avoid common pitfalls like saying, "I should have stopped" or "I didn't look." These can be used against the cyclist.

In New York State, determining fault often includes reviewing traffic laws, police reports, and statements from witnesses. It's best to allow investigators and legal counsel determine fault.

Not Preserving the Bicycle or Safety Gear After a Bicycle/Auto Accident

It's also a mistake to repair or replace a damaged bike. However, the bike is a piece of evidence. If you repair or replace the bike, you could be throwing evidence away. A bent frame, tire marks, or other property damage should be documented and saved. It will show the impact's force and it's direction.

It is also important to keep the helmet and clothing the cyclist was wearing until a lawyer can look at them. This can help reconstruct the collision and help them pursue compensation.

Giving a Recorded Statement to the Insurance Company in a Bicycle Accident Case

People also make the mistake of talking to the driver's insurance company before they have their own legal representation. Insurers generally will reach out very quickly to start gathering evidence for themselves and trying to pay as little as possible. However, that could affect the ability to get maximum compensation for the case.

Anything that is said to insurance adjusters could be used by them to minimize payouts. Statements like "I'm feeling better" or "I was not paying attention," can harm insurance claims.

The best thing to do is wait until you speak to a lawyer. If asked, decline the opportunity to speak to an insurance company.

Accepting a Quick Settlement

It can be very tempting to accept a quick settlement following a bike accident. Medical bills are likely building up, lost wages might be affecting you, or you might just want to put it all behind you. However, it could be a mistake to accept a quick settlement.

Once you sign on the dotted line, you cannot pursue additional compensation in the future. Before you agree to any offer, you must fully understand the value of the claim.

These bicycle accident attorneys in Long Island can review any offer you get and negotiate to ensure you get a fair settlement.

Ignoring Comparative Negligence Rules in New York

New York has a pure comparative negligence rule in place. This means that even if a cyclist has some fault in the accident, they can still recover compensation. However, the award is reduced by their percentage of fault.

For instance, if a cyclist was found to be 20% responsible for the accident, and the total damages awarded are $100,000, they can still recover $80,000. Unfortunately, many people believe if they are at fault, they cannot file a claim.

An attorney can do a case evaluation and determine if filing a claim is the right move. They can also share information on common mistakes after a dog attack.

Not Keeping a Record of Expenses and Recovery

A successful claim totally depends on accurate documentation. A cyclist who doesn't track expenses or doesn't keep records may not be able to prove the financial impact of their accident.

It's best to keep the following:

• Medical bills and receipts

• Prescription costs

• Physical therapy invoices

• Documentation of lost wages

• Travel expenses for medical appointments

All of this can help ensure that all recoverable damages are properly calculated. Additionally, keeping a pain and recovery journal can strengthen claims for non-economic damages such as emotional distress or reduced quality of life.

Posting About the Accident on Social Media

Social media can quickly damage a personal injury case. Insurance companies and defense attorneys often review online posts for evidence that contradicts injury claims. A photo of the cyclist smiling at a social event or engaging in physical activity can be taken out of context and used to question the legitimacy of the injuries.

The safest practice is to avoid posting about the accident, recovery, or lifestyle until the case is resolved. Even private accounts may not offer complete protection against scrutiny during litigation.

Waiting Too Long to Contact an Attorney

Time is one of the biggest enemies of a successful injury claim. The statute of limitations for filing a personal injury lawsuit in New York is generally three years from the date of the accident. However, evidence becomes harder to obtain the longer a victim waits.

Witnesses move, memories fade, and physical evidence deteriorates. Contacting an attorney as soon as possible ensures that critical details are preserved and that the case is filed before any deadlines expire.

The Law Office of Carl Maltese helps accident victims throughout Long Island and surrounding areas understand their rights, investigate the cause of the crash, and pursue the full compensation they deserve.

Failing to Consider Long-Term Effects

Many cyclists focus on immediate injuries, such as cuts or fractures, but overlook the long-term consequences of a serious collision. Injuries like concussions, back trauma, or joint damage may not show symptoms right away yet can lead to lasting pain or disability.

Failing to account for these potential complications can result in inadequate compensation. Medical experts and attorneys can work together to estimate the future costs of care and ensure those expenses are included in the final claim.

Contact the Law Office of Carl Maltese to Make a Bicycle Accident Claim

Bicycle accidents can be life-changing, both physically and financially. While no one can undo the harm caused by a negligent driver, avoiding common mistakes after a crash can make a significant difference in recovery and compensation.

Prompt medical care, proper documentation, and legal guidance are the cornerstones of a strong case. By steering clear of missteps like admitting fault, accepting low settlements, or delaying legal action, cyclists can protect their rights and pursue fair compensation.

The Law Office of Carl Maltese has extensive experience representing injured cyclists across Long Island. The firm’s attorneys provide compassionate, skilled advocacy to ensure that victims receive the medical attention, financial recovery, and justice they deserve after a bicycle accident.