New York Bicycle Accident Attorneys

New York Accident Bicycle Accident AttorneyBicyclists have long known the perils of sharing the road with motor vehicles, but unfortunately these dangers have been compounded by larger vehicles and more aggressive drivers. Every year, thousands of bicyclists have been killed or injured by drivers who fail to keep a proper lookout and share the road. The bike accident attorneys at Kaplan Lawyers PC have helped countless injured bicyclists get the medical attention they need and the compensation they deserve.

New York Bicycle Crash Statistics

The following statistics were taken from the New York State Department of Motor Vehicles for the year 2014, the most recent year for which statistics are available:

  • In New York, there were 47 bicyclist fatalities.
  • There were 5,647 bicyclists injured in New York.
  • There were 5,827 crashes involving both bicycles and a motor vehicle.
  • Of the 47 bicycle fatalities in New York, nearly 60 percent were known not to be wearing a helmet when the crash occurred.

Cycling in New York

For a number of reasons, bicycling is a favorite mode of transportation for many New Yorkers. It has become even more popular in recent years. Over half a million New Yorkers will use their bike as either transportation or recreationally in a given month. While cycling has been the preferred mode of transportation for many New Yorkers for well over a century, our infrastructure is just now beginning to be planned in a way that accommodates cyclists. As you can see from the statistics above, there are still a number of bicycle injuries every year in our state.

Biking Safely

To reduce the risks you face while cycling in New York, you should always wear a helmet, ride with traffic rather than against traffic, stay as far to the right side of the road as possible, use hand signals to communicate with drivers, and obey all traffic controls. It is also important to wear bright-colored clothing and to utilize reflectors on your bike to increase your visibility. Never ride your bike on sidewalks. If you choose to wear ear buds, make sure that you only wear one, so that you will still be able to hear what is going on around you.

Joining Biking Groups in New York City

In 2016, the New York Times provided resources for cyclists who were interested in joining a cycling group, which is both a great social activity and a way to stay safe while cycling in the city. Here are a few of the groups suggested by the New York Times:

What Happens If You Are Struck by a Vehicle While Biking?

If you have been struck by a car while riding a bike, your medical bills, prescription costs, household services, transportation to medical providers, and lost wages will be paid by the insurance company for the vehicle that struck you, up to the amount of coverage selected by the policyholder. However, it is unlikely that you know the person who hit you, and it is your responsibility to identify the insurance company for the driver and file for the benefits within 30 days from the date of the accident. You may also be entitled to collect additional compensation for pain and suffering if the injuries that you sustain qualify under the “serious injury” categories established by the New York State Legislature.

The NYC bike accident attorneys at Kaplan Lawyers PC have years of experience in these types of cases, and we assure you that we will fight to make certain you will receive all of the benefits you are entitled to. The advice you receive is invaluable, but the consultation is free, and you will pay no fee unless we win your case. Call us today so we can begin working on your case.

Frequently Asked Questions for Bike Accidents

Do I need an attorney to handle my claim?
No. However, the insurance company employs an army of attorneys, claims specialists, and experts to win the case, so in order to get the compensation that you are entitled to you will need to hire an attorney that specializes in this type of law. Our legal team has decades of experience and a proven track record of maximizing settlements and we are in the best position to guarantee that you get everything that you are entitled to.
How long do I have to bring a claim?
The statute of limitations (or time in which a claim must be brought from the date of the accident) is 3 years for a personal injury claim. If a claim is being brought for wrongful death the claim must be brought within 2 years from the date of death. If the claim is being brought against a municipality the time to bring a claim is significantly shorter depending on who the claim is against so you should consult with an attorney immediately.
Can I bring a claim even if the other driver wasn’t 100% at fault?
Yes. New York law follows the pure comparative negligence rule which states that an injured party will receive compensation for their injuries in proportion to their percentage of contributing to the accident. For example, if a jury believes that a claimant was 10% at fault the other driver is responsible to pay 90% of the claimant’s damages.
Do I have to pay any legal fees if I lose my case?
No. Our attorneys work on a contingency fee which states that if you don’t win your case we don’t get paid.
How much is my case worth?
If any attorney tells you that they know how much your case is worth before reviewing all of the documentation then they are lying or incompetent. However, our legal team has decades of experience and will maximize the value of your case.
How long will it take to settle my case?
Every case is different but our legal team utilizes the most advanced technology and aggressive legal strategy to expedite our client’s cases, generally resolving cases years faster than any other firm.
How will my medical bills get paid?
Your medical bills will be paid by the insurance company for the car that struck you. However, you must file a No Fault application with the insurance company within 30 days from the date of the accident, if you fail to do so you have waived your right to file the claim for benefits.
Does No Fault pay for anything else?
Yes. No Fault will also pay for lost wages, prescription costs, transportation to medical providers, and reasonable expenses for household services.
How can I get my bike fixed?
You will have to file a 3rd party claim with the other driver’s insurance company. However, a 3rd party claim can take significant time to resolve and the insurance company will try to twist your words against you so we recommend that you contact a legal professional before contacting the insurance company directly.
Can anyone sue to collect for pain and suffering if they were hit by a car?
No. New York follows the rule of No Fault which states that you can only bring a successful claim if you have sustained a serious injury as defined by the New York State Legislature. This law significantly restricts an individual’s ability to collect money for pain and suffering.
What is the legal definition of a serious injury?
A serious injury has been defined as death; dismemberment; significant disfigurement; fracture; loss of a fetus; permanent loss of use of a body organ, member, function, or system; permanent consequential limitation of use of a body organ or member; significant limitation of use of a body function or system; or a medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person’s usual and customary daily activities for not less than ninety days during the one hundred eighty days immediately following the occurrence of the injury or impairment.
How will I know if my injuries will be considered serious?
Many of the injuries sustained in bike accident cases become progressively worse with time so it is difficult to determine shortly after the accident. However the bike accident attorneys at Kaplan Lawyers PC recommend that you retain an attorney immediately so that all filings are completed to protect your rights and ensure that you receive the compensation that you are entitled to.

TOP 5 MISTAKES MADE AFTER A BIKE ACCIDENT IN NEW YORK CITY

  • Admitting fault at the scene of the accident before you have all of the facts
  • Not filing an accident report with the police
  • Assuming you will feel better and not seeking medical attention
  • Believing that the Insurance Company will deal with you fairly
  • Not hiring an experienced New York City bike accident attorney who will complete all filings to protect your rights and ensure that you will receive the compensation that you deserve

Call Now for a Free Case Evaluation!

(212) 563-1900 (NYC)
(516) 399-2364 (Nassau County)
(347) 758-9011 (Brooklyn)
(631) 619-5309 (Suffolk County)
(917) 382-9212 (Queens)

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