New York Bicycle Accident Lawyers
The enormous amount of traffic found in New York City has led many people to use bicycles as their primary mode of transportation. Class II bike lanes, those which are marked by paint in between parking lanes and traffic have been steadily increasing in presence. In May of 2013, Citi bikes were introduced as a bike-sharing system which further increased bicycle activity. Authorities believe that as many as half a million cyclists are on New York’s streets every day. This number includes delivery cyclists, messengers, pedicabs, pedestrians, and even tourists participating in city-wide bike tours.
The unfortunate side effect of the rising number of bicyclists is that there has also been a rise in the number of injuries suffered by bicyclists. As opposed to automobile drivers who are surrounded by a steel structure, bicyclists face a much higher risk of crash-related injuries because bikes lack this extra protection. In most cases, a bicyclist’s only form of protection is their helmet. If you have been hurt while riding a bicycle, you want an experienced and effective New York personal injury lawyer to help you pursue damages for all your losses. Our bicycle accident attorneys have the skill, knowledge, experience and resources to help you get the recovery you need.
What are Common Causes of Bicycle Accidents?
We aggressively protect the rights of people who have been injured while riding a bicycle. We understand that the cause of every bicycle accident will be unique in nature. Each accident will have its unique set of circumstances that led to your injury. Therefore, we will approach each claim with this in mind. Our bicycle accident attorneys handle claims arising from all types of negligence, carelessness, or recklessness, including:
- Lack of appropriate attention by drivers
- Failure by drivers to obey traffic laws, including yielding, failure to signal, stop signs, red lights, etc.
- Being “doored” in Class II/III bike lanes, i.e. drivers failing to exercise caution when opening their door after parking next to a bike lane
- Creation of dangerous cycling circumstances by drivers
- Negligence in the maintenance of roadways or bike paths such as pot holes, cracks, uneven surfaces, etc.
- Dangerous or defective components on a bicycle
- Drivers impaired by fatigue or under the influence of drugs or alcohol
- Defects in manufacturing such as faulty bike chains or wheels
Who is Liable for Your Injuries?
Although in some cases a determination as to who is at fault in a bicycle accident is rather apparent, in other cases a detailed investigation is necessary. In these cases, time is of the essence and it is vital that you contact an attorney.
There are a variety of individuals or organizations that may be held accountable for your bicycle accident injuries. Bicycle accidents most commonly occur as a result of automobile drivers who fail to pay attention to their surroundings. These drivers can include your everyday drivers, the traditional yellow taxi cab companies found throughout New York City, as well as new companies such as Uber or Lyft. However, accidents can also occur as a result of the bicycle itself. Therefore, those who were responsible for actually making or selling the bike may face strict product liability. Potential liable parties can include:
- Automobile drivers
- Other bicyclists
- Bicycle manufacturers
- Bicycle retailers
- State workers responsible for road or sidewalk condition
Who Pays Your Medical Bills, Lost Earnings, and Other Expenses?
If you are injured by a motor vehicle while riding a bicycle, the No-Fault insurance carrier of the motor vehicle will pay for your MEDICAL BILLS, LOST EARNINGS, AND OTHER EXPENSES. Our skilled bicycle accident attorneys will put the No-Fault carrier on notice of our representation of you. We will file an application for No-Fault benefits for you. This will ensure that all of your rights to have medical expenses, lost earnings, transportation (to and from the doctor), housekeeping and other expenditures incurred as a result of your injuries are protected.
What is “No-Fault?”
“No-Fault” means that the expenses resulting from your bicycle accident injuries will be covered by the insurance carrier of the car you were struck and injured by regardless of whjo was at fault for the accident.
No-Fault covers your medical expenses, lost earnings, transportation (to and from the doctor), housekeeping, and other expenditures incurred as a result of your injuries.
- Medical Expenses – If you are injured in a bicycle accident, you will have up to $50,000.00 dollars of coverage for any medical bills.
- Lost Earnings – If you are a bicycle accident victim, you are entitled to recover 80% of your lost earnings up to $2,000.00 per month.
- Transportation and Housekeeping Expenditures – Transportation to and from the doctor and housekeeping expenditures are reimbursable for a maximum for both of $ 25.00 per day. You must keep receipts and an accounting for any reimbursement.
In addition to your No-Fault benefits, you may bring a lawsuit for compensation of expenses that were not adequately covered by the benefits including:
- Medical bills
- Lost wages, including both present and future wages
- Pain and suffering
- Rehabilitation expenses
- Expenses related to the bicycle
- Mental anguish
Who Pays To Fix Or Replace My Bicycle (Property Damage)?
In addition to representing you for your injuries in your bicycle crash, if your bike has been damaged, the bicycle accident lawyers at our firm will assist you free of charge in recovering moneys for the repair or replacement of your bike. This is a service we perform on behalf of all of our clients and will not be included in our contingency fee.
What are Common Bicycle Accident Injuries?
- Head trauma
- Neck injuries
- Broken bones
- Nerve Damage
The aforementioned list of common bicycle accident injuries is not an exhaustive one. The unique and sudden nature of a bicycle accident can result in a wide variety of possible injuries. Some injuries may be considered minor, some injuries may be considered serious, and some injuries may even be hidden at first glance. This shows the importance of seeking medical attention soon after your accident. Your doctor is best suited to uncover what injuries you may have sustained from your unfortunate accident. Regardless of the severity of your injuries, you are entitled to compensation for the negligent acts of others.
What You Should do Following a Bicycle Accident:
Seek medical attention – As always, your first priority should be to seek prompt medical attention following a bicycle accident. The benefit of doing so is that it provides documentation that will detail the extent of your injuries. Some injuries may be plainly apparent for all to see, but some injuries may only be noticed by the careful eye of a trained professional. This documentation is extremely beneficial when litigating and determining the amount of your compensation.
Get a police report – When the police arrive, politely insist that a report is made. Do not allow the police to convince you can file a report at a later date. This police report will protect your rights and may protect you from a rise in your insurance rate.
Get an accident report – An accident report will provide a record of the facts surrounding your bicycle accident. This report will also include the names and contact information of people involved in the incident. The accident report is useful in referring to accidents that occurred so long ago that memories have faded. The report will also serve as an official record that can be referred to in the case of disputes between you and other parties.
Consult an attorney – Our New York bicycle accident lawyers will obtain the police reports immediately to determine the allegations of fault. Additionally, we will take the statements of witnesses quickly before their memories and sympathy fade as time passes. Pictures of the accident scene will be taken along with those of the damaged vehicle. Accident reconstruction experts may need to be retained as well. The prevailing statutes and laws regarding the particular jurisdiction of the accident site (i.e. speed limits) must be ascertained. Insurance company information must be immediately obtained. We will place the defendants and their insurance companies on notice of our representation of you so that they will not attempt to contact you.
Contact The Law Offices Of Michael S. Lamonsoff, PLLC
The Law Offices of Michael S. Lamonsoff and its personal injury attorneys are expert in bicycle accident cases and will aggressively litigate cases for those that are injured. Our bicycle accident attorneys have more than 100 years of combined legal experience. Take immediate steps to protect your rights. Don’t risk the loss of evidence or the fading memories of witnesses. We will immediately move to p take all bicycle injury claims on a contingency basis. We won’t charge legal fees unless we recover compensation for your losses. Our aggressive and comprehensive approach has secured many of the largest verdicts and settlements in New York for our clients.
Contact our office today or call us at 212-962-1020, or toll free at 877-MSL-4LAW (877-675-4529) to schedule a free initial consultation. Our office is open Monday through Friday, between 9 a.m. and 7 p.m., but our phones are answered 24/7.