Bicycle Accident Lawyer in Queens – Riding a bike is a fun and thrilling activity for many people. In recent times, there has also been an increase in the use of bicycles for commuting to work. Moreover, Americans are increasingly using bicycles for the many benefits they offer including lower costs, convenience, and environment-friendliness.
However, sometimes, the negligence of another person may cause the bicyclist serious and life-changing injuries. As opposed to drivers and passengers of other motor vehicles, bicycle riders do not have any protection around them. Thus, they are more susceptible to grave injuries in a collision with another motor vehicle.
The Centres For Disease Control and Prevention (CDC) reports that about 130,000 Americans suffer injuries due to on-road bicycle crashes every year in the United States. As per the National Safety Council (NSC), majority of the bicycle-related fatalities occur in warmer months and remain at their peak from May through October.
If you have been injured in a bicycle accident due to another person’s fault, you can claim compensation from the at-fault party. Contact the RMFW law firm today to get help from top-rated Queens bicycle accident attorneys. With over 100 years of legal experience and over $1 billion in client settlements, our law firm has handled more than 30,000 personal injury cases.
Bicycle Injuries Are Preventable
Injuries from bicycle accidents can be prevented to a great extent if bicyclists follow certain safety rules and tips. At the RMFW law firm, we recommend the following actions suggested by the CDC to increase on-road safety for bicyclists:
Wearing Bicycle Helmets
The Insurance Institute for Highway Safety (IIHS) reports that about 57% of those who died in bicycle crashes in 2020 were not wearing helmets. The majority of the bicyclists who died suffered serious injuries to their heads. These statistics clearly show how important it is to wear a helmet while riding a bicycle.
Regardless of the distance to be traveled, the time of the day, age, or the traffic conditions at the time of riding, one must always wear a well-fitted helmet when riding a bicycle. Although certain states do not have mandatory helmet laws for bicyclists, using a helmet while riding is one of the most effective safety protocols one can follow to reduce the risk of serious injuries.
Increasing Conspicuity of Bicycle Riders
The National Highway Traffic Safety Administration (NHTSA) suggests that increasing the conspicuity of bicyclists may reduce the chances of bicycle crashes and injuries. This can be done by:
- Wearing fluorescent clothes at the time of riding a bicycle during the daytime.
- Wearing retro-reflective clothes and using retro-reflective devices and tires on the bicycle can enhance its visibility at night.
- Using active lighting when riding after dark is a legal requirement in many states. In New York, bicyclists must use a white headlight and red taillight while riding from dusk to dawn.
If you suffered injuries in a bicycle accident due to the negligence of someone else, an injury attorney at the RMFW law firm can help you secure compensation for your injuries and suffering. Contact us today for a free consultation on your case.
Injuries From Bicycle Accidents: How a Lawyer Can Help?
Bicycle injuries can cause life-changing and serious injuries. On the road, bicyclists are more vulnerable than people traveling in a car, truck, or bus. Even a minor crash can cause significant injuries to the rider. Some of the common injuries resulting from bicycle accidents include:
- Traumatic brain damage
- Serious head injuries
- Broken bones
- Spinal cord injuries
- Soft tissue damage
- Hip injuries
- Paralysis
- Burns and lacerations
- Eye damage
- Wrongful death
These injuries often lead to major medical expenses and absence from work. If you or a loved one got injured in a bicycle accident, contact the top-rated personal injury attorneys at the RMFW law firm to know more about your legal rights. We do a detailed analysis of all your medical records and reports to determine the damage you should claim for your injuries.
New York Bicycle Laws
Just like other drivers on the road, bicyclists are required to abide by all the traffic laws applicable in the state. For example, just like other cars and trucks, bicycle riders are required to stop at traffic signals when the light is red. Some of the laws applicable to bicycle riders in New York are:
- Bicyclists should ride with the flow of traffic and not against it.
- Children under the age of 14 should wear helmets while riding a bicycle.
- Bicyclists should obey all traffic lights and signs.
- Cyclists must have their hands on the handlebar or steering gear while riding.
- Riding on sidewalks is not allowed unless specifically allowed by a sign. Children under the age of 12 who have bicycles with less than 26-inch diameter wheels may use sidewalks.
- Bicyclists are prohibited from riding on expressways, highways, interstates, drives, bridges, and thruways unless permitted by signs.
- If designated bike paths or lanes exist, then riders must use them for riding.
- Bicyclists should follow pedestrian control signals while crossing intersections.
The New York City Department of Transportation’s guidance note states all the other traffic laws applicable to bicycle riders. When filing a personal injury lawsuit for a bicycle accident, it is important to see if the bicyclist violated any of these laws.
If you believe that the other driver violated traffic laws or was driving negligently, you may be able to make a successful claim against him or her for your injuries. To get legal advice on your case, contact the highly experienced and compassionate Queens personal injury attorneys at the RMFW law firm.
New York’s No-Fault Insurance Law
New York is a no-fault state. All drivers in New York must carry a no-fault Personal Injury Protection (PIP) insurance. Generally, PIP insurance provides immediate benefits to cover the medical costs of the policyholder (driver) and his or her passengers after the accident. The coverage is provided without determining who was at fault for the accident.
In the case of a bicycle accident in New York, PIP coverage also extends to the injured cyclist. Normally, PIP insurance provides basic coverage of $50,000. Further, generally, a PIP does not cover property damage. However, in cases where the economic damages are greater than the coverage under the PIP, serious injuries are sustained by the cyclist, or there are non-economic damages, a personal injury claim can be filed to recover full damages.
If you sustained injuries due to a bicycle crash and are thinking about contacting an accident lawyer in Queens, we are here to help you. With the help of a Queens bicycle accident lawyer at the RMFW law firm, you can claim damages beyond what the PIP insurance will provide you.
Proving Liability in a Bicycle Crash: Getting Help From a Queens Bike Accident Attorney
To make a successful claim against the potentially negligent party, the injured must be able to show that:
- The other party owed a duty of care toward the injured person.
- That such duty of care was breached by the other party.
- That as a result of such failure, the accident happened and caused injuries and damage to the victim.
To claim damages, it must be shown that the at-fault party’s negligence caused the accident. No damages may be awarded if the accident was not a result of the other driver’s fault. For example, even if the other driver was drunk while driving, he or she may not be held liable if the accident happened because the cyclist was moving against the traffic flow.
New York is one of the few states that follow the “comparative negligence rule.” This means that the injured person may be able to recover damages even if they were 90% at fault for the accident and the other party shared only 10% of their fault. However, the amount of damages they will receive will get reduced by the percentage of their share of the fault. For example, if the accident resulted in damages of $100,000 and the bicyclist was at 90% at fault, they may still be able to recover $10,000 from the other party. Thus, unless the victim was 100% responsible for causing the accident, he or she can still recover damages from the other side.
With the help of an accident lawyer in Queens, you can determine who is liable for your injuries. Identifying the liable parties for your accident can be a complicated task and you may feel confused and overwhelmed by the situation. However, feel free to contact a personal injury lawyer at the RMFW law firm today. We understand the pain of our clients and provide personal attention and customized legal strategy to each of our clients.
Who Can be Made Liable For a Bicycle Accident in New York?
With the help of an accident lawyer, the victim can identify whose fault led to the accident. Some of the parties that can be made liable for your bicycle crash include:
- The driver of the other motor vehicle that caused the crash.
- Government agencies for poorly maintained roads or debris
- Transport companies or employers of negligent drivers
- Manufacturers or designers of defective or faulty bicycle parts
- Repairers who performed poor maintenance work
- Pedestrians of other cyclists who failed to be careful on the road
Proving liability and fault in a bicycle accident claim is not a straightforward task. Multiple parties may be responsible and they may try to move the blame to the other party. To understand who can be made liable for injuries from the bicycle crash, contact a Queens bicycle accidents lawyer at our law firm today.
Compensation After a Bicycle Crash
After a bicycle crash, the injured person can claim economic and non-economic damages. Damages that can be quantified fall under economic damages. These include:
- Medical and hospital bills
- Costs for future medical expenses
- Temporary or permanent disablement
- Property damage
- Lost income due to absence from work
- Loss of future income
Non-economic damages may be awarded for physical pain and suffering, emotional and mental trauma, loss of companionship, and loss of enjoyment of life.
Receiving fair and adequate compensation for all the injuries, pain, suffering, and hardships one goes through after a bicycle crash is important. The victim should be able to focus on his or her medical recovery without having to worry about paying the bills.
At the RMFW law firm, a Queens bicycle accidents lawyer will fight hard with the insurance companies to ensure that you receive the maximum compensation possible for your case.
What To Do After a Bicycle Accident in Queens?
Injuries from a bicycle accident can be debilitating and the victim may feel overwhelmed and frustrated. If you suffered injuries in a bike accident in Queens, consider following these steps:
- Immediately seek medical attention. Even if there is no visible injury, get a medical check-up done to see if there is any internal injury.
- File a police report and obtain a copy. It serves as an important piece of evidence while filing a claim.
- Take pictures and videos of the accident scene, if possible. Take pictures of your injuries and the damaged bike. Note down other important details of the accident.
- Preserve all evidence including the medical and hospital bills.
- Try to obtain the contact information of the other driver or person who caused the accident.
- If there are any witnesses around, try to obtain their contact information.
- Avoid making statements to insurance companies.
How Can a Bicycle Accident Lawyer Help With Your Case?
Dealing With Insurance Companies
Insurance companies are businesses that try to increase their own profit by trying to reduce the compensation you may get. Victims may start receiving phone calls from insurance companies soon after the bicycle crash. However, the injured person should always remember that a quick settlement is often way lesser than the actual settlement they can get through strong negotiations with the insurance companies.
Hiring a lawyer creates a level playing field between the victim and insurers. A personal injury attorney knows how to negotiate to obtain the rightful compensation that the victim deserves. Further, the claimant should not make any statements about the accident to these companies without first consulting an attorney. These recorded statements may later be used during legal proceedings to reduce the payout to the victim.
Examining The Evidence
Gathering evidence and reconstructing the accident scene to determine who was at fault for the accident is not an easy task. An attorney works with experts from different fields, analyzes witness testimony, puts together all the evidence available, and then applies legal principles to build a strong claim against the at-fault party.
Determining Who is Liable And The Compensation To Be Claimed
After examining the evidence and investigating the case, an attorney determines who is the negligent party and how much compensation should be claimed. Determining who was at fault can be tricky as multiple parties may be involved, and parties may not easily accept the blame, or try to reduce their share of the fault for the accident.
An attorney will also help the victim with determining the amount of compensation they should claim for all the injuries and damage suffered by them. Insurance companies rarely inform the victim about the rightful compensation they deserve. We send a notice of representation to the insurance companies so that they do not contact you to accept unfair and lower settlements.
Getting Help From A Queens Bicycle Accident Attorney
If you suffered injuries from a bicycle crash in Queens, you can sue the at-fault party for recovering compensation. However, there are many challenges a victim might face while filing a compensation claim. Dealing with insurance companies, investigating the cause, determining liability, proving fault, and getting the insurance companies to pay a fair amount are some of them.
At the RMFW law firm, our experienced bicycle and bike accidents attorneys have successfully helped many clients recover compensation for their serious injuries. Contact us here or call us at 212-LAWYERS or 212-344-1000.
