New York Bicycle Accident Attorneys
Bicycle accidents are common occurrences in and around the New York area.
These accidents can occur for a wide variety of reasons including: potholes; unsafe conditions; negligent repairs; manufacturer defects in bicycles; helmets, accessories; drivers not paying attention, etc. Dangerous conditions can occur on public or private property and often times the property owner may be held liable.
Depending on the circumstances of an accident you can still sue the driver who hit you even if you were partly at fault. Sometimes bicyclists are at fault themselves. New York is a comparative negligence state which means that a bicyclist's own mistakes do not bar him from suing a vehicle operator who also contributed to the accident. Your recovery will be reduced by the percentage that you are found to be at fault. In other words, if the jury were to award you $2 million for your injuries but determined that you were 50% at fault, your recovery would be limited to $1 million dollars.
The New York State Insurance Law provides that a bicyclist must file a No-Fault claim within thirty days of the accident with the insurance carrier for the vehicle regardless of who was at fault. No-Fault provides coverage not only for necessary medical expenses, but for a portion of your lost earnings as well. If the bicyclist was injured on the job, Workers' Compensation will pay the medical bills. We can explain what documents you will need to file under either circumstance.
By listening to the details of your bicycle injury case, a good attorney can make a reasonable assessment of potential damages and liable parties. At Hill & Moin LLP, we will listen to the details of your case and help determine who was at fault. In addition, we commonly utilize a variety of experts that can help reconstruct the circumstances of your accident and establish potential liabilities.
Hill & Moin LLP regularly provides our clients with detailed recommendations about what precautions to take after an accident occurs. These valuable tips can make all the difference in developing a solid bicycle injury case that may enhance your claim by thousands of dollars or more.
It is important to carefully select your law firm. If the defense believes that a plaintiff’s attorney will not only go to trial, but will receive an optimum verdict, the defense’s risk is increased and thus the settlement value of the case is increased.
Your case probably will settle and will be more likely to settle for an increased amount if you retain a well qualified firm to represent you.
Most legal questions require complex investigation. The information provided here may not be fully applicable to your case. For more detailed answers to these questions, a consumer should consult with an attorney.
Sometimes injuries occur because of reasons outside the impact itself. For example, a bicycle defect may lead or be the causing factor of one or more injuries incurred during an accident. Defected parts or poorly designed bicycles may also lead to unnecessary injuries that were not the direct result of the accident itself. The following is a list of the common situations that lead to can cause car accident injuries:
- Drivers under the influence of alcohol
- Dangerous railroad crossings that
- Defective tires
- Defective helmets and equipment
Make sure you seek medical attention for any injuries that you received as a result of the accident as soon as possible. This way any claims of injury cannot be refuted by saying that they happened between the time of the accident and the medical visit.
Remember, not all injuries to the people involved in the accident will be apparent immediately. For example, back injuries may become worse weeks after the incident.
Make sure you file a police report to document the accident. After about 2 weeks the report should be available. Request a copy of it, whether or not it corroborates with your story, because it will be important for your case.
In court, the vehicle operator will have attorneys who will try to refute and devalue your case.
Having a bicycle accident attorney on your side will help fight and counter the testimony given by the driver.
You have the right to receive proper compensation for the injuries sustained by other people's negligence!
Don't wonder about your rights!