Victims of bicycle accidents can sustain life-changing injuries, especially when it involves a motor vehicle, given its size and weight and the lack of protection of the person riding the bike on public roads. When involved in a bicycle accident, it can be challenging to determine how you will be reimbursed for your injuries and other losses. However, the right Brooklyn bicycle accident lawyer can help you get the compensation you deserve after an accident.
Here at the offices of Brandon J. Broderick, Attorney at Law, we pride ourselves on providing honest, straightforward legal service to our clients. We will investigate the accident thoroughly on your behalf, as well as communicate with the insurance company, and build a solid case. Leverage our years of expertise so that you can concentrate on healing and other important life matters.
When you retain the services of a Brooklyn bicycle accident lawyer from Brandon J. Broderick, you can be confident that we will do everything in our power to secure the best possible resolution for your case. If you don't file a legal claim, your insurance company can offer you next to nothing for your bike accident and may even refuse to pay for some of the losses. It's possible that you'll have to pay for your injuries out of pocket. Call us today and together we can help you recover from this setback.
|We guarantee that we will work diligently, pursuing justice and the compensation you deserve. We've helped many people in your shoes get through trying times that weren't their fault. You can reach us at 877-941-2767.|
Below, we'll cover the basics of Brooklyn's injury claim process and the law pertaining to bicycle accidents.
- Do I Need a Brooklyn Bicycle Accident Lawyer?
- Common Bicycle Accident Injuries
- Common Causes of Bicycle Accidents
- Driver Negligence in a Brooklyn Bicycle Accident
- Bicycle Accident Compensation
- Deadline for Filing a Brooklyn Bicycle Accident Claim
- Steps To Take After a Bike Accident
- Bicycle Accident FAQ
- The Team at Brandon J. Broderick Are Here To Help
Do I Need a Brooklyn Bicycle Accident Lawyer?
Contact a bicycle accident lawyer to discuss your legal options if you've been hurt in an accident you feel was caused by another party's negligence. Victims of serious injuries face a long list of difficulties beyond those associated with physical rehabilitation, including ballooning medical expenses, lost income, and mental anguish. A personal injury attorney with the right experience can help you build a strong case for compensation following an accident.
Focus on getting better while Brandon J. Broderick, Attorney at Law takes on the legwork of building your case. We will gather evidence, interview witnesses, consult with specialists, and negotiate with insurance companies. Our Brooklyn bicycle accident lawyers are here to help you get the compensation you need and deserve. We will remain at your side and do everything in our power to protect your rights. If a fair settlement cannot be reached through negotiation, we will not hesitate to go to trial and we will win.
Insurance companies may put pressure on you to settle quickly in the immediate aftermath of an accident. However, accepting this initial offer may limit your ability to pursue additional compensation and leave you paying for continued medical costs and other liabilities you haven't yet accounted for.
You won't have to pay anything for our services until we win or settle your case. Basically, if you lose, you will not receive a bill from us. If you want to learn more about your situation and your legal options, schedule a free consultation with one of our attorneys.
Common Bicycle Accident Injuries
While being out in the open air bicycling gives you a great sense of freedom, it also makes you much more vulnerable in the event of an accident. Though minor injuries like scrapes and bruises are possible, there is a chance more severe or even fatal injuries are also possible. Head injuries, fractured bones, spinal cord injuries, and soft tissue injuries are all examples of more serious injuries.
Injuries to the head and neck are among the worst injuries that may arise from a bicycle-vehicle accident. A traumatic brain injury is just one head injury that can leave a victim permanently disabled or with a concussion. Sometimes, the symptoms of a concussion are not always obvious, and the person experiencing them may be unaware that anything is wrong until later. The use of a helmet is highly recommended to avoid head injuries.
Lower Body Injuries
When a cyclist is involved in an accident, they often suffer injuries to their lower extremities. Examples of lower body injuries that can prove extremely costly and require prolonged treatment to recover include bone fractures, limbs being crushed and soft tissue injuries such as torn tendons and ligaments.
Spinal Cord Injuries
A spinal injury occurs when the spinal cord is damaged as a result of direct contact from an external force, potentially leading to paralysis, tetraplegia, or even quadriplegia. A spinal injury is extremely difficult to treat and may be permanent, requiring multiple operations and lifelong assistance.
|For a free consultation with a lawyer who can assist you if you or a loved one has been in a severe bicycle accident in Brooklyn, New York, call us now.|
Common Causes of Bicycle Accidents
When a car collides with a bicyclist, the driver of the car is almost always at-fault, because of negligent actions. Dangerous or badly maintained roads are another potential explanation or contributing cause. There are typically three different circumstances where a cyclist suffers serious injuries after being hit by a car or vehicle.
More than a third of traffic incidents involve bicyclists and motorists at intersections. An oncoming bicycle who is traveling in a bike lane or on the shoulder may go unnoticed if the driver is preoccupied with something else or otherwise not paying attention. It can be risky for cyclists to cross the traffic lanes to get into the left turn lane.
Like left-hand turn accidents, a right-hand turn can be disastrous as well, if the driver does not spot a cyclist approaching from behind. A bicycle riding on the right side of the road can be struck by a car that is turning right. There's a risk of a collision between the car and the bike if the driver doesn't check his or her blind spot before turning.
When a cyclist is involved in an accident with an opening car door, it is called a "dooring." When a vehicle is parked on the side of a city roadway, a cyclist may collide with the door and be thrown from their bike, sustaining serious injuries. When getting out of a car, drivers and passengers must look around to see whether a cyclist is nearby before they step out.
Driver Negligence in a Brooklyn Bicycle Accident
When there is an accident involving a bicyclist, it is usually because of driver negligence in a motor vehicle. Every time you get behind the wheel, remember that you have a "duty of care" to others on the road, including fellow motorists, passengers, cyclists, or pedestrians. Drivers have a duty to use reasonable care when operating a motor vehicle, and when they fail to do so and cause an accident that results in injuries, the at-fault driver may be held liable for the victim's damages.
Some actions taken by the driver that might have contributed to an accident are:
- Driving under the influence
- Driving while distracted
- Not giving the right of way to cyclists
- Ignoring traffic signs: speed limits, stop signs, etc.
- Driving aggressively
The following four items must be proven in order to demonstrate negligence in a Brooklyn accident case:
- Duty: One party (the defendant) has a responsibility to another party (the plaintiff) in the form of a duty. Generally speaking, the obligation is owed to anybody who might be injured by the defendant's actions.
- Breach: By failing to act appropriately, the defendant has failed this "duty" obligation. An example of this may be not following traffic laws.
- Causation: The plaintiff's injury was caused by the defendant's negligence (the driver ran a red light, and injured another motorist, for example).
- Damages: Damages are awarded when a party's violation of "duty" causes another party injury or financial loss.
New York's "Pure" Comparative Fault Rule
If each party in an accident is at-fault in an accident, even partially, the "pure" comparative fault rule is applied to determine fault. The plaintiff's awards will be lowered by their level of fault under these rules, adopted in Brooklyn and the entire state of New York.
For bicycle accident cases, New York applies "pure" comparative negligence, which means that victims can recover damages even if their own degree of negligence was greater than the defendant's.
To better understand this concept, consider this: you were injured in an accident and the other party was at fault and there is $20,000 awarded to cover your damages. If a jury determines that you are 20% at fault for the accident, you would receive 80% of the total compensation award, which comes out to $16,000. You are entitled to a percentage of the damages awarded to you based on the particular circumstances, regardless of who was more at fault in the accident.
Bicycle Accident Compensation
There are two different types of damages that can be claimed in a personal injury claim for bicycle accidents: economic and non-economic. Tangible monetary losses – like medical costs and lost wages – are considered economic damages. Intangible losses, like pain and suffering for example, fall under the category of non-economic damages.
Our Brooklyn bicycle accident attorneys at Brandon J. Broderick, Attorney at Law work tirelessly to secure full and fair compensation for our clients. Because of this, the value of your claim will vary depending on the specifics of your case and the extent and longevity of your injuries. It's important to think about the long-term costs of medical care and how it can affect your income in the event of a major injury.
You should be aware that there is a limit of one personal injury claim per accident. If you've been in an accident, your medical prognosis may not be cleared right away, and it may not happen for weeks or months. Questions to consider are: How long will it take to recover with treatment? Is there any chance you'll need to have special medical equipment or devices installed in your house in order to get better?
It will be extremely difficult to estimate the full extent of your damages until you have a better idea of your medical condition and outcome. This is why you shouldn't rush to accept the first settlement offer provided by an insurance company; instead, you should wait. They will not know what your medical prognosis is, but they'll try to get you to settle quickly nevertheless. Don't take that step before you consult with an attorney. You should not have to pay for future medical bills or other losses out of pocket.
Deadline for Filing a Brooklyn Bicycle Accident Claim
Injury claims with your insurance company must be filed within two to three years from the date of the accident in most states. It may take weeks or months for symptoms of an injury to appear after it has occurred, which is why the time frame has been extended.
The statute of limitations for filing a personal injury claim in Brooklyn, New York (and the state as a whole) is two years from the date of the accident, if medical treatment was necessary as a result of the accident. You have three years to submit a claim for property damage, if property is all that was involved.
Within that two-to-three-year window, however, there are additional filing deadlines:
- 30 Days to notify your insurance company per New York's no-fault insurance legislation.
- 90 Days to file with the Motor Vehicle Accident Indemnification Corporation (MVAIC).
- 10 Days to report all auto-related accidents to the DMV if the accident or injuries caused more than $2,000 in damages.
Steps To Take After a Bike Accident
Bicycle accidents can be quite scary, but it's important to remain calm and take the necessary steps after one has occurred to ensure your safety. First thing is to seek medical attention. This should be your top priority. It may take time for the symptoms of your injuries to manifest, or the shock and trauma may be dulling some of the pain. Seeking medical attention does more than just start the healing process; it also creates a record of your injuries that can be useful in a claim down the road.
Some additional steps to take following a bike accident are:
- Gather evidence. When possible, gather all the evidence right there at the site. Take pictures of the scene, the car, the weather, the road, and any signs or lights that might be important. This also includes gathering the contact information for the other driver, any passengers, and any witnesses.
- File a police report. It is important that you inform the police if you have been involved in a car accident. If there is property damage (only) in an accident that does not exceed $1,000, the incident does not have to be reported under New York law. However, if there is a higher value in property damage or there are any physical injuries, you are required by law to report the accident to police.
- Contact a Brooklyn bicycle accident lawyer. Consulting with a lawyer who specializes in bicycle accidents can advise you on how to submit a claim, how much compensation you are entitled to, and how to go about pursuing damages.
- Keep copies of your bills and records. Do not lose track of your medical history or expenses. Include the cost of treatments, therapies, medical equipment, drugs, and any other treatment-related charges in your claim. Keep all receipts and bills in an easily accessible location.
Don't wait if you've been hurt in a bicycle accident. Get in touch with us now for your no-cost initial consultation. Our experience and dedication to our clients has proven valuable to our success. We can help you overcome any obstacle standing in your way and emerge victorious.
Bicycle Accident FAQ
I wasn't wearing a helmet when I got hurt while riding my bike; can I still file a claim?
When out on your bike, always be sure to protect your head with a helmet. However, if the collision was caused by the negligence of the vehicle driver, you can still bring an injury claim or lawsuit even if you weren't wearing a helmet. Even if you are mostly at fault in the accident, you are entitled to compensation under New York's pure comparative fault rule.
How much money does the typical bike accident claim get?
Depending on the specifics of your bike accident and injuries, you may be entitled to different amounts of compensation. Injuries that minor may not warrant filing a claim at all. A larger claim amount may be justified for more serious injuries including those that require hospitalization and result in lost wages.
To file a claim after a bicycle accident, how long does it typically take?
Since each claim is different, it is difficult to provide an accurate estimation of how long the process will take. There are some claims that are settled within days or a matter of months, while others may take more than a year. The length of time it takes to settle a lawsuit might vary widely depending on the nature of your injuries and the stakes involved for the defendant.
Is it ever the cyclist's fault when an accident occurs?
In some cases, the biker can be at fault for an accident. Some cyclists, like some motorists, may be riding while under the influence of alcohol or drugs. It's also possible for cyclists to break the law, putting themselves and others in danger and making them partially responsible for any accidents that occur.
Does New York law require cyclists to wear helmets?
All riders under the age of 14 are required by law to wear helmets while operating a bicycle under New York law. Although helmets are recommended, those above the age of 14 are not required to wear them under the state's laws. However, there are specific communities in New York that have passed local ordinances that require everyone to wear helmets, regardless of age.
The Team at Brandon J. Broderick Are Here To Help
We understand. As a result of the potential dangers associated with bicycle accidents, you and your loved ones may experience a range of negative emotions. How comforting would it be to have someone you know and trust advocate for you? A person who has your best interests at heart?
The law office of Brandon J. Broderick is committed to providing quality legal service to each and every client through compassion, understanding, and success. This is what separates us as a leading firm in the field of personal injury law in Brooklyn and the state of New York. You can trust that we will use the most effective approach and work hard to improve your standard of living. We have an extensive history of success to prove it. Lawyers at our firm have spent decades advocating on behalf of people hurt in bicycle accidents in New York. We've assisted clients just like you in recovering damages after injuries sustained due to the carelessness or negligence of others.
Get in touch with us today for a free consultation and let us help assess your case.