Bicycle accident victims can sustain life-altering injuries, especially when a motor vehicle is involved, due to the size and weight of the vehicle and the lack of protection afforded to those riding bicycles on public roads. It can be difficult to determine how you will be compensated for your injuries and other losses after a bicycle accident. However, the right Queens bicycle accident attorney can help you obtain the compensation you are entitled to after an accident.
At the law offices of Brandon J. Broderick, we take pride in providing our clients with straightforward, honest legal representation. We'll do a thorough investigation, talk to the insurance company, and build a strong case on your behalf. Utilize our years of experience so you can focus on healing and other essential life matters.
When you retain the services of a Queen's bicycle accident attorney from Brandon J. Broderick, you can rest assured that we will do everything in our power to obtain the most favorable outcome for your case. If you do not file a claim, your insurer may offer you next to nothing for your bicycle accident and may even refuse to cover some of your losses. It is possible that you will have to pay out of pocket for your injuries. Together, we can help you recover from this setback if you contact us immediately.
We promise to diligently pursue justice and the compensation you are entitled to. We have assisted a number of people in your position through difficult circumstances that were not their fault. We can be reached at (877) 941-2767.
Below, we will discuss the fundamentals of the Queens injury claim procedure and bicycle accident law.
- Do I Need a Lawyer for a Bicycle Accident in Queens?
- Common Injuries Resulting From Bicycle Accidents
- Frequent Bicycle Accident Causes
- A Queen's Bicycle Accident Caused by a Negligent Driver
- Compensation for a Bicycle Accident
- The Deadline to Submit a Claim for a Bicycle Accident in Queens
- What to Do Following a Bicycle Accident
- Frequently Asked Questions About Bicycle Accidents
- The Team at Brandon J. Broderick Is Ready To Assist You
DO I NEED A LAWYER FOR A BICYCLE ACCIDENT IN QUEENS?
If you have been hurt in a bicycle accident you believe was the result of another party's negligence, speak with a bicycle accident attorney to discuss your legal options. In addition to the difficulties associated with physical rehabilitation, victims of severe injuries face a long list of complications, including escalating medical expenses, lost income, and mental anguish. Following an accident, an experienced personal injury attorney can help you build a strong case for compensation.
Focus on your recovery while Brandon J. Broderick, attorney at law, handles the case preparation. We will collect evidence, conduct witness interviews, consult with experts, and negotiate with insurance companies. Our Queen's bicycle accident attorneys are available to assist you in obtaining the compensation you require and deserve. We will stay by your side and do everything in our power to protect your rights. If an equitable settlement cannot be reached through negotiation, we will not hesitate to proceed to court and win.
Immediately following an accident, insurance companies might exert pressure on you to reach a settlement. However, accepting this initial offer may limit your ability to pursue additional compensation and leave you on the hook for ongoing medical expenses and other expenses that you have not yet accounted for.
You will not be required to pay for our services unless we win or settle your case. Essentially, we will not send you a bill if you lose. Schedule a free consultation with one of our attorneys if you are interested in discussing your situation and all available legal options.
COMMON INJURIES RESULTING FROM BICYCLE ACCIDENTS
While riding a bicycle outdoors gives you a sense of freedom, it also makes you more susceptible to accidents. Even though minor injuries such as scrapes and bruises are possible, there is also the possibility of more severe or even fatal injuries. Head injuries, bone fractures, spinal cord injuries, and injuries to soft tissues are all examples of more serious injuries.
Head & Brain Injuries
Head and neck injuries are among the most severe injuries that can result from a collision between a bicycle and a motor vehicle. A traumatic brain injury is one type of head injury that can result in permanent disability or concussion. Occasionally, the symptoms of a concussion are not always evident, and the individual experiencing them may not realize anything is wrong until much later. The use of a helmet is strongly advised to prevent head injuries.
Lower Body Injuries
When a cyclist is involved in an accident, injuries to the lower extremities are common. Bone fractures, crushed limbs, and soft tissue injuries, such as torn tendons and ligaments, are examples of injuries to the lower body that can be extremely expensive and require extensive treatment to recover from.
Damage to the Spinal Cord
A spinal injury occurs when the spinal cord is damaged by direct contact with an external force, which could result in paralysis, tetraplegia, or even quadriplegia. A spinal injury is extremely difficult to treat and may be irreversible, necessitating multiple operations and lifelong care.
If you or a loved one has been involved in a severe bicycle accident in Queens, New York, call us immediately for a free consultation with a lawyer who can help.
FREQUENT BICYCLE ACCIDENT CAUSES
When a car collides with a cyclist, the car's driver is almost always at fault due to their negligence. Dangerous or poorly maintained roadways are an additional possible explanation or contributing factor. After being struck by a car or other vehicle, a cyclist typically suffers severe injuries in one of three situations.
More than a third of traffic incidents occur at intersections involving bicyclists and motorists. A cyclist approaching in a bike lane or on the shoulder may go unnoticed if the driver is preoccupied with something else or otherwise not paying attention. Crossing traffic lanes to get into the left turn lane can be hazardous for cyclists.
As with left-hand turns, a right-hand turn can be fatal if the driver fails to notice a cyclist approaching from behind. A car that is turning right may strike a bicycle traveling on the right side of the road. If the driver doesn't check his or her blind spot before turning, there is a chance of a collision between the car and the bicycle.
It is referred to as "dooring" when a cyclist collides with an opening car door. When a vehicle is parked on the side of a city street, it is possible for a cyclist to collide with the door and be thrown from their bicycle, sustaining severe injuries. Before exiting a vehicle, drivers and passengers must check their surroundings for the presence of cyclists.
A QUEEN'S BICYCLE ACCIDENT CAUSED BY A NEGLIGENT DRIVER
When a bicyclist is involved in an accident, it is typically due to the negligence of a motorist. Every time you get behind the wheel, keep in mind that you have a "duty of care" toward other motorists, passengers, cyclists, and pedestrians. Drivers are required to exercise reasonable care when operating a motor vehicle; if they fail to do so and cause an accident that results in injuries, they may be held liable for the victim's damages.
Some driving behaviors that may have contributed to an accident include:
- Driving under the influence
- Driving while distracted
- Failure to give cyclists the right of way
- Ignoring traffic signs such as speed limits and stop signs.
- Driving aggressively
In order to establish negligence in a Queens accident case, the following four elements must be proven:
- 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 breach of "duty" causes injury or financial loss to another party.
The "Pure" Comparative Fault Rule in New York
If each party in an accident is at fault, even partially, the "pure" comparative fault rule is utilized to determine who is at fault. In accordance with these rules, adopted in Queens and the entire state of New York, the plaintiff's awards will be reduced by their level of fault.
To better grasp this concept, consider the following scenario: You were injured in an accident, the other driver was at fault, and you were awarded $20,000 to cover your damages. If a jury determines that you were 20% at fault for the accident, you would receive 80% of the total award, or $16,000.
COMPENSATION FOR A BICYCLE ACCIDENT
In a personal injury claim for bicycle accidents, both economic and non-economic damages may be claimed. Economic damages are quantifiable monetary losses, such as medical expenses and wages lost. Non-economic damages consist of intangible losses, such as pain and suffering.
Our Queens bicycle accident attorneys at Brandon J. Broderick, Attorney at Law, diligently pursue full and fair compensation for our clients. Therefore, the value of your claim will vary based on the particulars of your case and the severity and duration of your injuries. In the event of a severe injury, it is essential to consider the long-term costs of medical care and how they may affect your income.
You should be aware that one personal injury claim per accident is the maximum allowed. If you have been in an accident, your medical prognosis may not be determined immediately, and it may take weeks or even months. Consider the following questions: How long will it take for the patient to recover following treatment? Is there any chance you'll need to have special medical equipment or devices installed in your house in order to get better?
Until you have a better understanding of your medical condition and outcome, it will be exceedingly difficult to estimate the full extent of your damages. Therefore, you should not accept the first settlement offer from 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 nonetheless. 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.
THE DEADLINE TO SUBMIT A CLAIM FOR A BICYCLE ACCIDENT IN QUEENS
In the majority of states, injury claims must be filed with your insurance company within two to three years of the accident date. The time frame has been extended because it may take weeks or months for symptoms of an injury to manifest after it has occurred.
The statute of limitations for filing a personal injury claim in Queens, New York (and the entire state) is two years from the date of the accident, if medical treatment was required due to the accident. If only property damage was involved, you have three years to submit a claim.
However, within this two- to three-year window, there are additional filing deadlines:
- In accordance with New York's no-fault insurance law, you have 30 days to notify your insurance company.
- You have 90 days to file a claim with the Motor Vehicle Accident Indemnification Corporation (MVAIC).
- If the accident or injuries caused more than $2,000 in damages, you have 10 days to report them to the DMV.
WHAT TO DO FOLLOWING A BICYCLE ACCIDENT
Bicycle accidents can be frightening, but it's critical to stay calm and take the necessary precautions after one to ensure your safety. The first step should be to seek medical attention. This should be your number one priority. It may take some time for the symptoms of your injuries to appear, 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, which can be useful in a future claim.
Following a bike accident, you should also take the following steps:
- Collect evidence. Whenever possible, collect all evidence at the scene itself. Take photographs of the scene, the vehicle, the weather, the road, and any signs or lights that may be significant. This also includes collecting the contact information of the opposing 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 Queens bicycle accident lawyer. An attorney who specializes in bicycle accidents can advise you on how to file a claim, how much compensation you are entitled to, and how to pursue damages.
- Keep copies of your bills and records. Do not lose track of your medical expenses or medical history. Include the cost of treatments, therapies, medical equipment, medications, and any additional treatment-related expenses in your claim. Keep all receipts and bills in a location that is easily accessible.
Don't wait if you've been hurt in a bicycle accident. Get in touch with us now for your free consultation. We are dedicated to helping our clients recover while we fight to protect their rights and pursue fair compensation.
FREQUENTLY ASKED QUESTIONS ABOUT BICYCLE ACCIDENTS
When I was injured while riding my bike, I was not wearing a helmet; can I still file a claim?
When riding a bicycle, you should always wear a helmet to protect your head. However, if the accident was caused by the driver's negligence, you can still file a claim or lawsuit for injuries even if you were not wearing a helmet. Under New York's pure comparative fault rule, you are entitled to compensation even if you are primarily responsible for the accident.
How much compensation does the average bicycle accident claim receive?
Depending on the particulars of your bicycle accident and injuries, you may be eligible for varying amounts of compensation. It may not be necessary to file a claim for minor injuries. For more severe injuries, such as those requiring hospitalization and resulting in wage loss, a higher claim amount may be appropriate.
How long does it usually take to submit a claim following a bicycle accident?
Due to the fact that each claim is unique, it is difficult to provide an accurate estimate of how long the process will take. Some claims are resolved within a few days or a few months, while others can take more than a year. Depending on the severity of your injuries and the stakes for the defendant, the length of time required to settle a lawsuit may vary significantly.
When an accident occurs, is the cyclist ever to blame?
In certain situations, the cyclist may be at fault for an accident. As with motorists, some cyclists may be under the influence of alcohol or drugs while riding. It is also possible for cyclists to violate the law, putting themselves and others at risk and making them partially liable for any accidents that occur.
Does New York law mandate the use of bicycle helmets?
Under New York law, all cyclists under the age of 14 must wear a helmet when operating a bicycle. State law does not require those over the age of 14 to wear helmets, even though they are recommended. There are, however, specific communities in New York that have enacted local laws mandating the use of helmets by everyone, regardless of age.
THE TEAM AT BRANDON J. BRODERICK IS READY TO ASSIST YOU
We are aware that the aftermath of any accident can be incredibly stressful. It can be overwhelming to be in pain or to be concerned for a loved one and not know what to do. Our mission is to help accident victims through this difficult time so that they can recover and receive just compensation.
The law office of Brandon J. Broderick is committed to providing each and every client with superior legal representation through compassion, understanding, and success. This is what separates us as a leading firm in the field of personal injury law in Queens and the state of New York. You can rely on us to employ the most efficient strategy and work diligently to improve your standard of living. We have a long history of success to demonstrate this. Our attorneys have fought for decades on behalf of those injured in New York bicycle accidents. We have assisted clients just like you in recovering compensation for injuries caused by the carelessness or negligence of others.
Contact us today for a complimentary case evaluation and consultation.