How to Hire the Best Bicycle Accident Lawyer in NY

Accidents are always possible, and that must be acknowledged by those who ride around New York. Unfortunately, these incidents result in many injured cyclists who see their lives change overnight. For many of them, the effects will be temporary. Others will see more permanent issues coming out of a collision.

Whichever way it may go, the challenges that arise should not be faced purely by the injured party when someone else is at fault. This is why the information below was compiled. Not only will it provide insight into variables surrounding a bike crash, but it will also yield actionable insights into finding the right lawyer in the pursuit of compensation. Also knowing how to hire the best pedestrian accident lawyer in NY is helpful.

Understanding Bicycle Accidents in New York

Common Causes of Bike Accidents

Bike accident injuries are caused by many different reasons. While those below do not represent an exhaustive list, they do a good job of highlighting some of the most common culprits:

1. Driver negligence - Sadly, many drivers simply don't carry out the duty of care that is expected of them. Distracted driving, speeding, and a failure to yield when expected, among other problems, fall under this category.

2. Poor road conditions - Unfortunately, the roads that drivers and cyclists must use are often not in the kind of condition that they should be. Therefore, issues, such as uneven pavements, potholes, and debris, can present a problem. These may cause cyclists to fall, lose control of their bikes, collide with vehicles, etc.

3. Lack of cycling provisions - Realistically, due consideration should be given to cyclists in infrastructure designs. Instead, there are many main roads with no bicycle lanes in New York (though there has been an effort, particularly in New York City, to add more in recent years), as well as intersections that don't seem to have been set up with cyclists in mind.

4. Cyclist behavior - While many bicycle accident fatalities and severe injuries are the result of external parties and factors, sometimes the issue is with cyclists who choose not to follow traffic laws or ride on sidewalks.

   
   

Common Bicycle Accident Injuries

When accidents occur, there are many possible injuries that cyclists may suffer. These include:

1. Neck and back injuries

2. Chest trauma

3. Broken bones

4. Knee injuries

5. Head and brain injuries

6. Road rash

7. Spinal cord injuries

8. Shoulder injuries

9. Lost limbs and amputations

10. Severe emotional trauma

11. Wrongful death

Of course, depending on the category, these can range from mild to catastrophic injuries, some of which will have a permanent negative impact.

Understanding Bicyclist Rights and Options

What Damages Can Be Recovered After a Bicycle Accident?

Damages can be divided into three categories, which are economic, non-economic, and punitive. Economic damages include medical expenses, lost wages, and property damage. The idea behind this category is that there is a set dollar value that can be used to calculate them. Medical bills, for example, are characterized by receipts that provide this information.

Non-economic damages include pain and suffering, emotional distress, and loss of enjoyment of life. Unlike the previous category, this one does not have fixed values based on generated documentation. Instead, the expertise of parties, such as bicycle accident attorneys and expert witnesses, will be used to determine the value.

Punitive damages are awarded in extreme cases. While the other classes of damages are intended as a form of compensation for the plaintiff, these are awarded as a measure of punishment to the defendant. The principle here is that the liable party has displayed a gross level of neglect or a clear intent to harm the victim.

Time Limits for Filing a Personal Injury Lawsuit

Generally, New York has a statute of limitations of three years for personal injury matters. This means that victims are allowed this timeline after the occurrence of the accident to file a claim in the pursuit of compensation.

When this period passes, it becomes impossible to be compensated via the legal system. No exceptions are granted unless there are extenuating circumstances.

Note that while this seems like a generous allowance, waiting to file allows evidence to lose integrity, and it also gives the defense a stronger argument against the seriousness of injuries suffered.

The best course of action is to seek the counsel of an experienced bicycle accident lawyer as soon as possible, so a claim may be filed.

Law Observation Expectations

Bicyclists are expected to adhere to the same rules of the road that other vehicular drivers must under New York State Vehicle and Traffic Law § 1231. Interestingly, however, under New York No-Fault Law, a bicyclist is considered a pedestrian.

Other laws of note are the prohibition of children under 1 year old as passengers and the requirement of a helmet for everyone under 14 years old.

Why Victims Need a Personal Injury Lawyer After a New York Bike Accident

Even what appears to be an open and shut case can be a legal minefield, as there is an insurance company on the other side doing everything it can legally to avoid paying a dime. A victim, who is likely in distress and lacks legal expertise, needs a professional to guide them through the process of seeking compensation.

What Does a Bicycle Accident Lawyer Do?

A New York bicycle accident lawyer serves a laundry list of purposes to a client. Some of these include:

• Investigating the accident to build a strong case.

• Providing legal guidance, including explaining rights and outlining actions to avoid.

• Calculating compensation while ensuring to account for all past and future damages associated with the crash.

• Handling negotiations with insurance companies to ensure that the settlement received is fair.

• Providing representation in a court of law if the matter must go to trial.

What to Look for in a New York Bicycle Accident Law Firm

Some of the elements to look for in a reputable law firm are:

• Decades of experience

• A remarkable client satisfaction rate

• A winning track record representing cyclists

• Service to the accident location

Working with a Bicycle Accident Lawyer

Working with a New York bicycle accident attorney is a very straightforward process, provided that the lawyer selected is a seasoned professional.

The attorney will file paperwork, manage opposing motions, and provide counsel. Legal professionals will be dedicated to representing the client's interests and pursuing the best outcome for the case. There should be a feeling that a level of individual attention is being given to the matter.

Communication should be open and consistent within reason, with queries and concerns raised by the client being attended to by the lawyer.

Warning Signs to Watch Out for

Not all lawyers can provide an acceptable quality of service. Consider the following in seeking legal counsel:

• Be wary of lawyers who guarantee an outcome or promise a specific result.

• Watch out for those who are not responsive to initial communications.

• Reconsider legal professionals who cannot articulate what steps they take to provide the personal attention required.

• Reconsider attorneys with little to no bicycle accident case experience.

What to Do If Involved in a Bicycle Accident

After an accident, the most important course of action is to seek medical attention if possible. Doing so allows any underlying effects of the accident to be discovered, which means treatment can be more effectively administered.

Try to gather as much evidence as possible, including photos and videos of the scene and any relevant details, such as skid marks or injuries.

Ensure a statement is provided to the police on the incident, as this will form a part of a report that may end up being an important part of the case. Being prepared with these details may make the process easier when consulting with bicycle accident lawyers in Long Island.

Decline to speak with the liable party's insurance company without a lawyer present. On that note, it is also very important not to admit fault.

Understanding the Settlement Process

How Long Will the Settlement Process Take?

The settlement process can take time, and it’s difficult to predict with any accuracy how long it will be. Sometimes, negotiations do not yield a satisfactory outcome, and the case will go to jury trial in court, which means the timeline may get extended. Of course, court proceedings do not have any kind of fixed time to resolution.

Note that the accident lawyer will be able to provide guidance on what to expect from the settlement process based on the unique elements applicable.

Schedule a Free Consultation with One of New York's Most Trusted Bike Accident Attorneys Today!

A bicycle crash can turn your life upside down, depending on the extent of property damage or injuries sustained. If the accident happened because of someone else's negligence, you should not be made to suffer and bear the entire financial burden on your own. Depending on the circumstances of the collision, you may be entitled to compensation.

To find out more about what may be possible, schedule a free consultation today with the Law Office of Carl Maltese!