NYC Bicycle Accident Lawyer
Few accidents are more devastating than car crashes involving bicyclists. Find out if you can get compensated for your injuries and what your claim is worth by contacting an NYC bicycle accident lawyer.
Getting hit by a car or truck while riding a bicycle is all but guaranteed to result in serious injuries, expensive medical bills, and substantial emotional trauma. Figuring out how to pay for your recovery and get your life back to normal isn’t easy, especially when insurance companies and the at-fault party’s attorneys will be trying to get you to settle for far less than what your claim is truly worth.
At Greenstein & Milbauer, LLP, it’s our mission to prevent accident victims from being made a victim a second time by the legal process. If you were hurt in a bike crash, you need a fair and full settlement, and that’s exactly what an NYC bicycle accident lawyer from our firm will help you get.
Do You Have Grounds for a Bike Crash Claim?
The first step of any personal injury claim is determining whether you have a case to begin with. This means identifying who was at fault and collecting the necessary evidence to prove it. Your bicycle accident lawyer in NYC will investigate your crash and collect all available evidence and witness testimony to build a case proving your case for compensation.
Depending on the specifics of your bicycle wreck, any number of factors could have come into play, and it may even be that multiple parties were at fault. It’s important to name everyone responsible in your lawsuit because this will allow you to maximize your potential compensation.
Listed below are just a few of the scenarios that will need to be explored and how they indicate negligence:
- Distracted Driving – Whether the driver was texting on a cell phone, arguing with a passenger, or applying makeup in the rearview mirror, if he or she wasn’t paying attention to the road, then the fault belongs with the driver.
- Dangerous Roads – Government agencies are generally responsible for safe road designs and maintenance. If an unsafe road feature, such as a pothole or missing guardrail, was a factor, your NYC bicycle accident lawyer will help you prove it.
- Unsafe Intersections – Bicyclists are at the greatest danger of being hit by cars in intersections. This could indicate fault on the part of the driver or even the manufacturer of the traffic lights.
Common Causes of and Injuries from NYC Bike Accidents
Bicycle accidents are caused by negligence such as the following:
- Drivers crossing into a bike lane
- Drivers failing to keep a proper lookout
- Truck drivers not seeing a bicyclist in their blind spot
- An unsafe or illegal left or right turn
- Not obeying traffic signals
- Opening a vehicle door into the path of a bicyclist
- Sideswiping a bicycle
- Driving under the influence of alcohol and/or drugs
- Texting and driving
Some injuries associated with bike accidents include:
- Broken bones
- Brain injury
- Skull fracture
- Internal bleeding
- Spinal cord injury
- Neck and back injuries
- Knee injuries
Assessing the Value of Your Bicycle Accident
Once all of the negligent parties have been named, the second step of any bike crash claim is determining how much you are owed in damages. Your injuries and their associated medical costs will be the single greatest factor here—but not the only ones.
Your financial expenses resulting from the bicycle accident are the most obvious. This includes your medical bills, but your final settlement amount should also factor in your estimated future expenses. Property damage, lost wages and income, transportation expenses, medication costs, and mobility equipment will also need to be fully valued.
What many bike wreck victims fail to realize is that you also have a number of non-economic damages that need to be compensated, as well. Your pain and suffering, any damage done to your marriage and personal relationships, and any lost enjoyment of life should be included as you wouldn’t have experienced them had the crash not happened. Your local bicycle accident lawyer will work with you to uncover all of the ways that the accident will impact your life.
Compensation for Medical Bills
Bicyclists injured in car accidents are entitled to no-fault benefits. These no-fault benefits are paid by the insurance company of the vehicle that struck the bicyclist. No-fault will cover economic damages, such as your medical bills and lost earnings. A no-fault application must be filed thirty days from the date of the accident.
Pain and Suffering After a Bike Accident
No-fault recoveries do not include compensation for non-economic damages, like pain and suffering. You must make a liability claim against the insurance company of the vehicle that struck the bicyclist to recover compensation for pain and suffering.
Repairing Your Damaged Bicycle
The property damage to your bicycle will become a part of your claim. It is advisable to take photos of the damaged bicycle and retrieve documentation such as the cost of the bicycle and/or repair bills.
Bike Accidents with Hit-and-Run or Uninsured Vehicle
If you are on a bicycle and struck by an unidentified vehicle, such as a hit-and-run, or an uninsured vehicle, you can still seek compensation for your medical bills, lost wages, and pain and suffering. You may be covered under your own motor vehicle insurance policy or the insurance policy of a relative who lives in your household—even though that vehicle was not involved in the accident!
If you do not own a motor vehicle, nor do you reside with a relative who owns a motor vehicle, you can make a claim with Motor Vehicle Accident Indemnification Corporation (MVAIC).
Dealing with Insurance After Being Hit by a Car While on a Bike
Getting a settlement that includes the full value of your claim is essential for your recovery. Whether you suffered brain damage, a spinal injury, or severe post-traumatic stress disorder, getting the care you need will be extremely expensive.
Unfortunately, the insurance will not be on your side in this matter. No matter how nice or understanding the insurance adjuster might seem, his or her primary goal is getting you to settle for as little as possible. This is true whether you’re dealing with your own insurance company or the at-fault driver’s.
A bicycle accident lawyer near you will handle the insurance company and their attorneys on your behalf. This starts with out-of-court negotiations, but if they won’t take your claim seriously, we’ll represent you during trial and make sure you get the court-rendered verdict you need.
Call a Bike Accident Attorney Today
The NYC bicycle accident lawyers at Greenstein & Milbauer, LLP have represented injured bicyclists for over twenty-five years. If you have been injured while riding a bicycle, the experienced bicycle accident attorneys at Greenstein & Milbauer, LLP can help.
Our firm’s motto is “Don’t Be a Victim Twice.” If you are a victim of a bike accident in New York City, call 1-800-VICTIM2 (842-8462) to schedule a confidential consultation. The call is free. The consultation is free. You don’t pay us unless we are successful. That’s “Our Fee Guarantee—No Fee Unless Successful.”