Bicycling in Manhattan offers a convenient and eco-friendly way to navigate the city’s busy streets. Pertaining to this, it also comes with significant risks, particularly in congested areas where motor vehicles, pedestrians, and cyclists share the road. Bicycle crashes can lead to severe injuries, emotional trauma, and costly medical bills.
If you are involved in a bicycle accident in Manhattan, be prepared to take the right steps to protect your well-being and your legal rights. A committed and capable Manhattan bicycle accident lawyer can find the evidence to hold the negligent driver liable and recover maximum compensation for your injuries and losses.
Immediate Steps at the Crash Site After a Bicycle Accident in Manhattan
- Check for Injuries and Seek Medical Help Your safety and well-being are the priority. After a crash, assess yourself for any injuries, even if they seem minor at first. Adrenaline can mask pain, and some injuries, like concussions or internal bleeding, may not present immediate symptoms. Seek medical attention as soon as possible. If your injuries prevent you from moving, ask someone nearby to call 911. Immediate medical evaluation not only ensures your health but also creates an official record of your injuries, which can be critical if you later pursue a personal injury claim.
- Move to a Safe Location (if possible) If you are able to move, get yourself and your bicycle out of harm’s way to avoid further accidents. Manhattan’s busy streets can be dangerous for stranded cyclists, so move to the sidewalk or a safe area while waiting for emergency services to arrive.
- Call the Police It’s important to report the crash to the police, especially if the accident involves a motor vehicle. The police will create an official accident report that documents the details of the crash. This report is essential for insurance claims and any potential legal actions you may take. Make sure to provide accurate information about what happened, but avoid speculating or admitting fault. Obtain the names and badge numbers of the responding officers, and ask how you can get a copy of the accident report later.
- Collect Information While waiting for authorities, gather as much information as possible about the accident:
- Exchange contact details, driver’s license numbers, and insurance information with the driver involved.
- If there are any witnesses, collect their contact information as well, as they may provide important testimony.
- Take photographs of the accident scene, including the damage to your bicycle, the vehicle(s) involved, any road hazards, and your injuries.
- Note the weather conditions, traffic signals, and the general environment, as this information can help reconstruct the events later.
- Avoid Discussing Fault Be cautious when speaking with the driver, witnesses, or even law enforcement. Avoid making any statements about who was at fault. Admissions of guilt can harm your chances of recovery in a lawsuit. It’s best to stick to the facts without offering interpretations or apologies.
Seek Medical Attention and Document Your Injuries
Even if you received emergency medical care at the scene, follow up with a full medical evaluation. Bicycle accidents often cause serious injuries such as:
- Traumatic brain injuries (TBIs) from head impacts, even if you were wearing a helmet.
- Spinal cord injuries, which can result in paralysis or chronic pain.
- Fractured bones, especially in the arms, legs, and ribs.
- Internal injuries, such as damage to organs caused by blunt force trauma.
- Severe road rash and soft tissue injuries.
Your physician will create detailed medical records documenting your injuries and the required treatments, which are critical for calculating your damages and seeking compensation. Make sure to attend all follow-up appointments and follow your doctor’s treatment plan.
Report the Crash to Your Insurance Company
In New York, bicyclists involved in motor vehicle accidents may be eligible to file claims under the driver’s auto insurance policy, particularly through the Personal Injury Protection (PIP) coverage. This coverage may compensate for your medical expenses and lost wages, regardless of who was at fault.
Notify your own health insurance provider and any relevant insurance policies you hold, such as home or renters’ insurance, of the accident. Moreover, it’s wise to consult a bicycle accident attorney before speaking with the driver’s insurance company to avoid making statements that could undermine your claim.
Get Representation from a Manhattan Bicycle Accident Attorney
Bicycle accidents often involve complex liability issues. If you’re seriously injured, working with an experienced bike crash attorney in Manhattan can help protect your legal rights and maximize your compensation. An attorney can:
- Investigate the accident by reviewing police reports, witness statements, and video footage.
- Identify all potentially liable parties, such as negligent drivers, government entities responsible for road maintenance, or manufacturers of faulty bike components.
- Calculate your total damages, including medical expenses, lost income, pain and suffering, and any long-term disability.
- Negotiate with insurance companies to ensure you receive fair compensation, or represent you in court, if necessary.
Understand New York’s Comparative Negligence Law
New York follows a “pure comparative negligence” rule, which means that even if you were partially at fault for the accident, you can still recover damages. With that said, your compensation will be reduced by the percentage of fault assigned to you.
For example, if you are found to be 20% at fault for the accident and the total damages amount to $100,000, your compensation would be reduced to $80,000. Your Manhattan, NY bicycle accident lawyer will fight to minimize the percentage of fault attributed to you, ensuring that you receive the highest possible compensation.
Document Your Losses and Keep Records
Throughout your recovery, it’s crucial to document all of your expenses and losses related to the accident, including:
- Medical bills and prescription costs
- Rehabilitation or physical therapy expenses
- Transportation costs for medical appointments
- Lost wages due to missed work
- Any home modifications required due to disabilities
Keep a daily journal of your pain levels, emotional distress, and how your injuries affect your daily life. This can be valuable evidence in proving pain and suffering damages in your claim.
File a Lawsuit if Necessary
If your Manhattan bike crash lawyer’s negotiations with the insurance company do not result in a fair settlement, they may suggest filing a personal injury lawsuit to recover maximum damages. In New York, the statute of limitations for personal injury claims is generally three years from the date of the accident. However, if a government entity is involved (such as a city bus or poorly maintained road), you may have as little as 90 days to file a notice of claim.
Your bicycle accident attorney in Manhattan, New York will handle the legal requirements of filing a lawsuit, ensuring that all paperwork is submitted on time and your case is presented before the jury in the strongest possible light.
Steps Your Bicycle Accident Attorney in Manhattan Will Take to Maximize Your Compensation
Here are the key steps your Manhattan bicycle accident attorney will take to maximize your compensation:
Initial Consultation and Case Evaluation
Your attorney will begin with an initial consultation to discuss the details of your case. During this meeting, they will gather information about the accident, your injuries, and any medical treatment you have received. They will assess the strengths and weaknesses of your case and advise you on the potential avenues for pursuing compensation.
Collecting Evidence
To build a strong case, your attorney will collect essential evidence related to the accident, including:
- Police Reports: The official report from law enforcement provides an objective account of the incident and may contain information on who was at fault.
- Medical Records: Documentation of your injuries and treatment will be crucial in establishing the extent of your damages.
- Witness Statements: Your attorney will reach out to witnesses who can provide firsthand accounts of the accident, adding credibility to your claim.
- Photographs and Video Evidence: Photos of the accident scene, your injuries, and any damage to your bicycle or vehicles involved can help illustrate the circumstances of the crash.
- Traffic Camera Footage: In Manhattan, there may be traffic cameras that captured the accident. Your attorney will seek access to this footage if available.
Consulting Experts
Depending on the complexity of your case, your attorney may consult with experts such as:
- Accident Reconstructionists: These professionals can analyze the accident scene and provide insights into how the crash occurred, helping to establish liability.
- Medical Experts: They can provide evaluations and testimonies regarding the severity of your injuries and the long-term implications for your health and quality of life.
Calculating Damages
Your attorney will calculate the total damages you are entitled to, which may include:
- Medical Expenses: Costs related to hospital stays, surgeries, rehabilitation, and ongoing medical treatment.
- Lost Wages: Compensation for income lost due to your inability to work during recovery.
- Pain and Suffering: Non-economic damages for physical pain, emotional distress, and diminished quality of life.
Negotiating with Insurance Companies
Once the evidence is gathered and damages calculated, your attorney will engage in negotiations with the insurance company. They will present your case, advocating for a fair settlement that reflects the true extent of your injuries and losses. Experienced attorneys know how to counter lowball offers and push back against tactics used by insurance adjusters to minimize payouts.
Filing a Lawsuit, if Necessary
If negotiations do not yield a satisfactory settlement, your attorney may recommend filing a personal injury lawsuit. They will prepare all necessary documentation, ensuring that the lawsuit is filed within the statute of limitations (three years in New York) and that all legal procedures are correctly followed.
Representing You in Court
Should your case go to trial, your attorney will represent you in court, presenting evidence, cross-examining witnesses, and making legal arguments to support your claim. Their experience in the courtroom can be crucial in persuading a judge or jury to award you the compensation you deserve.
Keeping You Informed
Throughout the process, your attorney will keep you informed about the status of your case, answering any questions you may have and providing updates on negotiations, court proceedings, or any other developments. They will ensure that you understand your options and are empowered to make informed decisions about your case.
Get Our Seasoned Bicycle Accident Lawyers in Manhattan, NYC on Your Side
If you have been injured in a bicycle crash in Manhattan, it is critical to secure the representation of an experienced attorney. At Rosenberg, Minc, Falkoff & Wolff, LLP, we have been fighting for the rights of injured New Yorkers since 1922. Our dedicated team is committed to ensuring that you receive the full compensation you are entitled to for your injuries, medical expenses, lost wages, and the pain and suffering you have endured. We understand that your recovery is about more than just financial compensation; it’s about restoring your dignity and independence after a life-altering event.
We approach each case with the tenacity and attention to detail that it deserves. Our lawyers fight tooth and nail to maximize your monetary compensation by utilizing all available resources and legal strategies. We recognize that a successful claim can not only provide you with the financial means to recover but also hold negligent parties accountable and help make our streets safer for everyone. Reach out to our Manhattan bike crash attorneys today, and take the first step towards rebuilding your life. To schedule your free consultation, call us at 212-344-1000 or contact us online.
