Bicycle accidents are on the rise in Bronx and other boroughs in New York. New York law allows injured bicyclists to file a personal injury lawsuit against negligent drivers and other at-fault parties. Moreover, there are a few steps you should take to ensure maximum financial recovery. For instance, you should always seek medical care regardless of the nature and extent of your injuries and look for a qualified Bronx bicycle accident lawyer.
Robust bicycle accident attorneys in Bronx can evaluate the circumstances surrounding your accident and explain whether you have a strong claim for damages. Here are a few immediate steps you should take following a bicycle accident in Bronx, NY.
Get to a Safe Spot
You need to remove yourself from immediate danger. Many bicyclists and pedestrians suffer severe injuries in secondary accidents following the first one. If you are lying on the middle of the road, you should ask for help and move to the side. There are several circumstances that can result in additional injuries if you leave yourself in harm’s way.
The first thing you should do is remove yourself and your cycle from the roadway. Oncoming traffic can be a hazard. This will also prevent your rescuers from facing any risks. Make your best efforts to remain visible if you are too injured to move.
Exchange Information with the Negligent Driver
While you should not attempt to argue or engage with an at-fault driver, you should make sure to exchange contact information with them. Most drivers initially accept blame and apologize. They take the blame for the bicycle-vehicle traffic accident. However, they are quick to deny negligence or even their presence at the accident site later on.
You should engage with the driver and anyone else involved with the accident to the extent of getting their insurance information and driver’s license information. You should speak with an accomplished bicycle accident lawyer Bronx and let them communicate with the driver and their insurance company. This is someone who’s been down the legal corridors before and knows what could be hiding behind each door.
Moreover, it’s crucial that you always exchange insurance information with the driver. This is necessary even if you don’t notice any property damage or physical injuries. It is possible that you may develop symptoms later on once the adrenaline rush wears off. You won’t be able to make an insurance claim without getting the driver’s information.
You don’t need to worry even if you don’t have bicycling insurance. Car insurance doesn’t always cover bicycling accidents. Based on this, renters and homeowners’ insurance can be used for paying for damages caused by bicycling and other sporting activities. Consult with knowledgeable bike accident attorneys to learn more.
Call the Police and Medical Responders in Bronx, NY
You should always report a bicycle accident to the law enforcement authorities and wait for them to arrive. Make sure you remain calm while making the call. You can also ask a passerby to make the call on your behalf. Always wait for the emergency services to arrive before you attempt to move around. There are several types of injuries, such as back injury that can actually become worse by moving.
Few injuries can be treated on site whereas others may need an emergency room visit. You should try and wait for the police to arrive at the scene of the accident before leaving. This way you can tell them your side of the events and wait for them to file a police report. This is one of the most useful documents while filing a personal injury claim.
In fact, a seasoned bicycle accident law firm will make sure to get access to the police report and use it during settlement negotiations. Be sure to tell the investigating officer what happened without any biasness or prejudice. First statements are usually held in highest regard. This is because small details and other facts get forgotten as time passes.
Focus on the Bronx, NY Bicycle Accident Report
In most road accidents, police officers take statements from the motorist. They don’t usually bother speaking with the accident victim. This is also because of medical responders tending to injuries. You should try and get your side of the story in the police report. Make sure the information you provide is as accurate as possible.
Let the officer know if you aren’t aware of certain facts. Never guess, speculate, or misstate any facts. For instance, if you are asked about your injuries, and are unsure about what to say, just say you are not sure instead of saying a hard “no.” Generally, the pain and injuries from car accidents become apparent only after a few hours following the actual crash.
You should also make sure that any statements made by other people are accurate as well. Report all injuries regardless of how minor they seem. These injuries can always become more serious later. Your statement and police report will be the most useful documents. You should have your side of the story recorded in the police report. First statements are generally viewed as important since tiny details get missed later on.
Gather Evidence at the Accident Scene
You should gather as much information and evidence at the accident scene as possible. Accident scenes tend to go back to regular very quickly. You have a short window to take photos and make videos. If you are able to, you should take photos of the area around the accident scene and the vehicle that hit you.
You should ask witnesses for video testimonials. Don’t forget to take their contact information for your bike wreck lawyer. It can be difficult to track down witnesses once they leave the scene of the accident. Witness testimonies have tremendous weight during negotiations with insurance company or when a case goes to trial.
Document Your Bike Accident and Injuries in Bronx, NY
You need to make notes about the bicycle accident. Write down exactly what happened, where it happened, and how it happened. You should also note down the weather, traffic, and road conditions. Take photos of your bicycle if there is visible damage. You should photograph visible injuries as well.
Start a journal of physical symptoms and make a few entries every day detailing the recovery process. Your Bronx bicycle accident lawyer will ask you to keep a track of the following details:
- Medical certificates
- All medical treatment
- Ambulance transport
- Emergency care
- Rehabilitation or medication
- Physical and mental suffering
- Subsequent hospitalization
Don’t Speak to Insurance Adjusters in Bronx, NY
You should not speak with insurance adjusters without first consulting with bike accident attorneys. This holds true for your own insurance company as well. Insurers often request statements from the victim about the accident within hours or days of the collision. Many accident victims erroneously believe that insurance companies have their best interests at heart.
This adjuster’s job is to settle your claim for as little as possible. They reach out for a statement in the hopes that you may say something that can be used against you. They want you to speak with them while you are recovering from the initial shock of the accident. Insurance companies are notorious for trying to reduce or deny the claim.
They may use the following to pay you less:
- Use anything you say against you
- Offer you a lowball settlement offer
- Blame you for the accident
- Intimidate you into accepting a low settlement offer
Another ploy used by insurance companies is to make an early settlement offer. Most victims are not aware that they can negotiate for a higher settlement offer. The Bronx bicycle accidents lawyer you choose will advise you to wait until attaining Maximum Medical Improvement before accepting an offer.
In New York, you cannot sue for more compensation after accepting a settlement offer. This is even if new injuries or symptoms related to the accident show up. You should always seek advice from a reputable bicycle accident law firm even before speaking with your own insurance company.
Get Legal Representation from a Bronx Bicycle Accident Lawyer
You should never speak with your insurance company before first consulting with a personal injury attorney in the Bronx, NY. Your attorney can negotiate on your behalf with the insurance company to make sure you obtain the compensation you deserve. The lawyer you choose will also have access to bicycle accident experts for investigating the accident and representing you during a trial, if necessary.
Always remember that bicyclists have the same rights and responsibilities as motor vehicle drivers. While drivers are required to be mindful of sharing roadways and respect the rights of cyclists, you should also take proper steps following an accident to ensure your rights remain protected. Hiring an aggressive and proven bicycle accident attorney will improve the likelihood of obtaining a successful outcome.
The insurance company will be required to send all settlement offers, negotiations, and other communication through your attorney. Committed lawyers understand the true worth of a claim and will keep pushing till the insurers make a fair and reasonable offer. Insurance providers usually take claims backed by reputable law firms seriously since the attorneys can always take them to court.
Choose the Most Results-Driven Bicycle Accident Law Firm in the Bronx with a Record of Large Settlements and Verdicts
At Rosenberg, Minc, Falkoff & Wolff, LLP, we have been helping injured bicyclists and their families recover fair compensation for decades. Our seasoned and knowledgeable Bronx bike accident attorneys are aware of what it takes to win. We are not afraid of fighting with large insurance companies on your behalf to help you get the compensation you deserve. To set up your free and confidential consultation, call 212-344-1000 or reach us online.
