A Bicycle Accident Attorney Can Help
Bicycle accidents frequently occur when vehicle drivers are negligent in some way. Some drivers violate prevailing rules of the road, while others engage in distracted or intoxicated driving. However, bicycle accidents do not always result from driver negligence. These accidents sometimes happen when cities and municipalities fail to maintain their roadways, and a deep pothole or crack dislodges cyclists from their vehicles.
If you suffered injuries in a bicycle accident that resulted from someone else’s negligence, you want a team of attorneys on your side who regularly advocate for injured accident victims.
Our experienced attorneys at Rosenberg & Gluck, LLP limit their practice to personal injury law only. We do not represent big insurance companies or their legal interests. In addition, we have assisted thousands of individuals who have suffered personal injuries, including those injured in bicycle crashes that resulted from others’ negligence.
Steps to Take Following a Bicycle Crash
There are several vital steps that bicycle crash victims should take as soon as possible after their accident. First, they should call 9-1-1 from the accident scene, if they are able, and report their accident to the proper authorities.
This way, the responding police officer can prepare an accident report which states:
- How the collision happened
- The collision date and time
- The identities of the parties involved in the crash
- Which party called 9-1-1
- Who caused the accident
- Whether or not the officer issued a citation—and if so, what it was for
Moreover, while you’re at the accident scene, you should never admit fault for the crash. If you do, the insurance company might deny your claim in its entirety. However, prepare to provide the liable insurance company with your name, insurance policy number, and other essential information.
Finally, keep records of all your losses, including copies of all medical bill receipts, and provide them to your attorney.
What You Should Know About Reporting a Bicycle Accident in New York As a Victim
Reporting a bicycle accident in New York is important for both legal and practical reasons. While there isn’t a specific law mandating the reporting of bicycle accidents, it’s advisable to follow certain steps to ensure your safety and protect your legal rights.
If the collision involved only property damage, the driver must report it if the damage exceeds $1,000 or if the other driver is not present on the scene.
From a legal standpoint, if you plan to file an insurance claim or pursue legal action, having an official police report can strengthen your case. Additionally, report the accident to your insurance company promptly, providing them with all necessary details.
How Much Time Do I Have to Take Legal Action for a bicycle accident in New York?
Bicycle crash victims have a limited time in which to file a personal injury claim or lawsuit. Absent exceptional circumstances, crash victims only have three years from their accident date to file suit.
If the bicycle accident results in a fatality, surviving family members only have two years from the accident date to file a wrongful death lawsuit. Finally, if a government-operated vehicle was involved in the bicycle crash, or if some other municipality caused the crash, you only have 90 days to file a notice of claim before filing suit.
Failing to file a timely claim or lawsuit can severely jeopardize your personal injury claim. If a bicycle crash victim files a personal injury lawsuit even one day after the three-year deadline expires, they can’t pursue monetary damages for their injuries. Therefore, involve a Long Island bicycle accident attorney as soon as possible.
Our experienced legal team will file a prompt lawsuit on your behalf, well within the statute of limitations, safeguarding your right to recover monetary damages for your injuries.
How Can the Attorneys at Rosenberg & Gluck, LLP Help My Case?
We practice exclusively in the area of personal injury law and wrongful death, with a focus on personal service and delivering the highest caliber of legal service.
We will typically begin your case as an insurance claim, but we may advise taking some bicycle accident cases to court if necessary.
During the legal process, you can expect us to:
- Determine your recoverable damages
- Gather compelling evidence of your losses and the other driver’s negligence by reviewing the police report, medical records, and other evidence
- Handle all communications with parties in your case
- Negotiate the best possible settlement
- Advise you on settlement offers
- Litigate on your behalf
- File any necessary paperwork
- Protect your legal rights at every turn
Our experienced legal team knows how to successfully pursue a bicycle accident claim or lawsuit. First of all, we can investigate the circumstances surrounding your collision to help you prove the liability portion of your case. For instance, we can retain an accident reconstructionist who can review eyewitness testimony and police reports—and then piece together exactly how your accident occurred.
Finally, we may be able to obtain dash cam or traffic footage, as well as photographs of the accident scene, to help you prove that someone else was negligent.
In addition, we can retain a medical professiobal to establish a causal connection between your bicycle accident and your injuries. In addition, a medical professional can state, to a reasonable degree of medical certainty, that you suffered a permanent injury in your accident that they do not expect to improve.
In some instances, we can speak with an economist who can account for all of your past, present, and anticipated losses.
New York follows a no-fault insurance system in motor vehicle and bicycle accident cases. Typically, this coverage will be provided by the vehicle that struck you. Even though no-fault covers medical and other related expenses, determining fault and proving damages in your bicycle crash case is still essential. This is because in some instances, especially where an accident victim suffers serious injuries, the at-fault driver’s insurance company can be responsible for more than no-fault, including pain and suffering.
Regardless of the insurance company, our legal team can help you file a personal injury claim for damages. The claims-filing process begins when we file a settlement demand package, including a demand letter, with the insurance company.
A settlement demand package includes pertinent documents that the insurance company will use to evaluate your claim. Those documents can include police and investigation reports surrounding the incident, eyewitness statements, medical treatment records, medical bills, lost wage statements, photographs of injuries, photographs of property damage, and a victim impact statement.
Upon receipt, the insurance company adjuster will review all this information and may make an offer to resolve your case via settlement. You should know that in most instances, these initial settlement offers are typically far less than the actual claim value. We will likely need to negotiate with the insurance company several times before they will increase their offer significantly.
Insurance companies will do everything to avoid paying you significant compensation for your claim. After all, insurance companies make money by collecting premium payments from their insureds. They lose money by paying out large personal injury settlements, arbitration awards, and jury verdicts.
Our legal team can zealously negotiate a favorable settlement offer with the insurance company on your behalf by highlighting the strengths of your case and downplaying any weaknesses. In addition, we can threaten litigation if the insurance company adjuster refuses to offer you the compensation that you deserve. Finally, our legal team can help you decide whether you should accept a pending settlement offer or consider litigating your case in court.
Seeking Compensation: What You Can Recover After a Bicycle Accident
The damages that a bicycle crash victim can recover will depend upon various factors, including the extent of their injuries and whether or not they are permanent, and the circumstances surrounding their accident.
Common damages that bicycle accident victims can recover include compensation for:
- Past and future medical expenses
- Lost wages
- Inconvenience
- Pain and suffering
- Permanent disability
- Loss of spousal consortium
- Loss of life enjoyment
- Loss of use of a body part
- Loss of earning capacity
- Vehicle repair costs
- Burial and funeral expenses, in the event you lost a family member in a bicycle crash
These are just some of the damages that bicycle crash victims can recover in their personal injury cases. Accident victims can recover other damages depending upon their unique circumstances.
The experienced bicycle accident attorneys at Rosenberg & Gluck, LLP are in the best position to help you establish fault for the accident and determine which of these damages you might be eligible to recover in your case. We can then aggressively advocate for your legal interests and fight for your right to recover the damages you need.
Why Choose Our Attorneys to Handle Your Injury Case?
Our team of personal injury attorneys has decades of experience working to assist victims of others’ negligence. If you choose to work with our team, you can rest assured that:
- We offer a free consultation so that you can learn your legal options.
- We work based on contingency, so you don’t have to worry about upfront fees.
- We can visit you at home or in a hospital if you are unable to travel to us. We can also schedule virtual meetings.
- We will get your questions answered and keep you in the loop throughout your case.
Contact Us for a No-cost, No-obligation Consultation
Contact Rosenberg & Gluck, L.L.P. today to speak with a bicycle accident attorney for free. There is no obligation, and you could start the process of your case today.
We are available 24/7 and will discuss your options – no strings attached. If you are unable to travel as a result of injuries, we can come to you. Call us today. We can assist you in Spanish if needed.
