Bicycle riders are more vulnerable to catastrophic accidents and injuries on Brooklyn roads compared to motorists. Unlike car drivers, bicyclists do not have any strong protection available that could mitigate their risk of injury. If you or someone you love finds yourself in a bicycle accident, you should speak with an experienced Brooklyn bike wreck lawyer to learn more about your legal options.
Bicycle riders are more vulnerable to catastrophic accidents and injuries on Brooklyn roads compared to motorists. Unlike car drivers, bicyclists do not have any strong protection available that could mitigate their risk of injury. If you or someone you love finds yourself in a bicycle accident, you should speak with an experienced Brooklyn bike wreck lawyer to learn more about your legal options.
Causes of Bicycle Accidents in Brooklyn
Bicycle accidents are on the rise in Brooklyn as well as other places in New York. Here are a few common reasons for bike accidents:
- Speeding: Cars routinely speed around bicycles. Many bicyclists try to match the speed of a vehicle when it tries to cross them. Weather and other related conditions can result in an accident.
- Distracted driving: Car drivers routinely text while driving or fiddle with the entertainment console. This can make them take their eyes off the road causing an accident.
- Riding close to traffic: Drivers should leave a minimum of 3 feet between their car and the bike. However, they often come too close to bicyclists while navigating the streets.
- Intersection accidents: Many auto drivers don’t give the right of way to bicyclists causing an accident
- Driveways and parking lots: Drivers that pull in or out of driveways and parking lots don’t always keep an eye out for bicyclists
Determining Liability in Brooklyn Bicycle Injury Lawsuits
The at-fault person or the liable party is responsible for paying for damages or the injured person’s expenses. If someone’s negligent actions result in a bicycle injury, they may owe damages to the plaintiff. You can seek compensation for your property damage, medical treatment, lost wages, and other associated living expenses. You may also be able to recover financial damages for your emotional distress, including pain and suffering.
Negligence occurs when a person fails in meeting their duty or obligation. Anyone that uses a sidewalk or roadway owes a duty of care towards the people around them. Every bicyclist, pedestrian, and motorist are required to exercise this duty of care for reducing the likelihood of anyone else getting injured. You should speak with competent bicycle accident attorneys Brooklyn for maximizing your damages.
New York’s Comparative Fault Law
Most accidents, as per the New York legal system, is not the fault of just one person. In many cases, the plaintiff may be partially responsible for the accident as well. They may not be completely at-fault. Based on this, there could have been things that may have been done differently to prevent the injury. The amount of damages owed to you will be reduced by the percentage of fault. This is why you should not delay in working with a bicycle accident lawyer near me if involved in an accident.
Poor Road Conditions Can Result in a Bicycle Accident
Bicycle accidents don’t always involve motor vehicles. Bicyclists may crash because they need to avoid obstacles or pedestrians. The bike may go off course or veer from the road if it hits debris, a rut in the pavement, or some other hazard. These falls can result in significant injury. According to premises liability law, the owner of a property is responsible for keeping it well-maintained.
The lanes used by bicyclists are usually owned by the town, city, or county and they are responsible for maintaining it. Your case may get more complicated if you have a claim against a government entity. You should consult with profound and personable Brooklyn bike accident lawyers to file a successful claim. These are pros who have been through the legal battlefields before and know how to handle situations that are extreme.
Steps to Take Following a Bicycle Accident in Brooklyn, NY
All motorists in New York are required to obtain no-fault Personal Injury Protection (PIP) insurance. The purpose of this insurance is to allow victims of an accident to get immediate medical attention without having to assign fault for the accident first. Generally, Personal Injury Protection only applies to the policyholder and any other passenger in the vehicle. However, in the event of an accident with a bicyclist or a pedestrian, the policy also extends to the injured person.
If you are a bicycle rider that is involved in an accident with a car, you should take the following steps to protect your claim:
Ask for first aid
Most bicycle injuries are in the form of bruises and small cuts. You probably won’t need to call an ambulance. However, before you stop the bleeding, you should preferably have the area sanitized with a hygienic antiseptic solution or wet wipes. This will help avoid a possible infection. Go to a hospital or to a doctor if you have any doubts about the condition. This is especially important if you hit your head in the accident.
Move your bicycle out of the way
If you haven’t suffered any major injuries and can move independently, you should try and get your bicycle out of traffic. This rule typically applies to road accidents that happen on busy streets. Ongoing traffic can put you at further risk.
Ensure your bike is in a decent condition
Don’t be in a hurry to get up and dust off. You should check for strains, cuts, bruises, and broken bones. You should also check your bike for damages. Don’t try to ride the bicycle until you have checked the frame and fork. There should not be any cracks or bends. You should ensure the wheels are spinning normally and that they are straight. There should not be any spokes missing. Gears and brakes should be working properly as well.
Call the police
You should call the police even when your injuries seem minor. The police will draw up an accident report that can serve as evidence for your claim. Your Brooklyn bicycle accident lawyer will get a copy of the police report and use it to prepare a strong case. You should take this step regardless of whether you are thinking about pursuing a lawsuit or not.
Get medical evaluation
There are certain injuries that won’t appear right away. For instance, head injury, back pain, and neck stiffness are not readily apparent. You will require medical evaluation to document your injuries and your condition at the time of the accident. You can either visit your regular physician, urgent care center, or a hospital emergency room.
It may get difficult to prove that the injuries are a result of the accident if you delay getting a medical evaluation. Insurance carriers are quick to deny claims or reduce compensation amount where the injured plaintiff has not sought immediate medical assistance. Your Brooklyn bicycle accident lawyer will use the medical records to calculate an accurate worth of your claim.
Contact information of witnesses
Other motorists and bystanders can be important to your claim in the form of witnesses. These people are important since they may have observed the events leading up to the accident. You should get their contact information, including the name and number.
Bike accident attorneys Brooklyn usually need this contact information to prepare a strong claim. The insurance company will take you seriously when they know that your side of the story is corroborated by other people’s account of the accident as well.
Get the driver’s information
You need to get the driver’s information so that a bike accident attorney near me can easily file a claim against them. You should get the driver’s name, driver’s license number, insurance card information, license plate number, and registration. You should also make a note of the make, model, and color of the vehicle.
Take photographs and make videos
It is better if you can gather more evidence about road conditions, traffic signals, debris, signs, and other elements. You should make as many videos of the accident scene as possible. Don’t forget to take multiple photographs of your injuries, damage to the vehicle, and other property damage. You should also take photographs of road markings, visibility conditions, and anything else present at the scene. Your attorney will use the photos and videos as evidence for preparing a strong claim.
Call an attorney
Medical expenses associated with the accident should be covered by the driver’s PIP insurance. Taking this into account, it won’t cover property damage. This includes the cost of replacing a damaged bicycle. PIP is designed for covering immediate expenses. This is so that a victim can quickly receive the medical treatment they require.
You should take your bicycle to a professional bike shop so that it can be evaluated for repairs. Knowledgeable Brooklyn bicycle accident attorneys will do everything possible to obtain compensation for property damage. This includes getting compensation for buying a new helmet if yours gets cracked in the accident.
You are in the Hands of a Fighter: Get Legal Representation from an Experienced Bicycle Accident Attorney in Brooklyn
If you or a loved one was injured in a bicycle accident and need legal help, you should get in touch with the knowledgeable and proven Brooklyn bicycle accident attorneys at Rosenberg, Minc, Falkoff & Wolff, LLP. Our attorneys have helped obtain over $1 billion in compensation for bicycle accident victims.
You can trust our attorneys to review the individual circumstances surrounding your accident and to determine the best possible strategy for maximizing your compensation. At Rosenberg, Minc, Falkoff & Wolff, LLP, our attorneys have a 95% success rate and over 100 years of experience. Schedule your free and confidential consultation with us today. Call 212-LAWYERS or 212-344-1000 or write to us online.
