Bicycle Accident
Brooklyn New York Bicycle Accident Lawyers
Bicycle Accident
There are a variety of ways a bicyclist can sustain injuries riding in streets and roadways. Whether it involves a motor vehicle or a defect on the roadway, the result can be devastating. As a bicyclist you have minimal protection against the tons of metal coming your way in the form of a motor vehicle. In 2018 a study done by the Department of Transportations (DOT) reported over 5,000 accidents involving bicyclists in New York City. Of those 5,000 accidents over 4,000 reported injuries. The injuries can be life changing including but not limited to head trauma, broken bones, disfigurement, and much more. You need an attorney experienced in all aspects of a bicycle accident to walk you through the process as you’re dealing with a life changing event.
What are common causes of bicycle accidents?
- Motor vehicle driver’s inattention—Motorists may be distracted or fail to pay proper attention when making turns or pulling into parking spots causing a collision between themselves and a bicyclist.
- Getting “doored”—this occurs when a motorist opens the door of their motor vehicle striking a bicyclist. A motorist is obligated to open the door of their motor vehicle only when it is safe to do so.
- Motorists pulling into driveways and parking lots—Motorists may fail to employ the proper amount of attention when pulling into a driveway or parking lot causing a collision with a bicyclist going straight.
- Poor road conditions—The roadways of the City of New York are riddled with defective conditions such as potholes, cracks, uneven roadways, construction debris, improper paving and more.
12 Steps to follow at a bicycle accident scene
Now that you’ve been involved in a motor vehicle accident you need to take certain steps in order to make sure you have the best chance at recovery. Here are some important steps to follow:
Assess the situation. You may be involved in an accident that requires you to get out of the roadway or a safe place to stop, if you’re in proper condition to move you should make sure you’re in a safe area to prevent the risk of being in another accident.
Call 911. You want to have police and emergency medical services (EMS) come to the scene to make a record of the accident and more importantly to provide you medical assistance. After your accident you may not immediately feel your injuries as your adrenaline has kicked in. Between that and the shock of the situation you want to make sure a trained medical professional examines you. You may not know it but you may require a hospital visit to rule out any immediate life threatening injuries such as head trauma, internal bleeding, spinal injuries, etc.
Obtain the information for all the vehicles involved including:
- License plate number
- Driver’s license of the operator
- Vehicle registration
- Insurance information
- Year, make, model, and color of the vehicles involved
- Contact information of any people that may have witnessed the accident
Take photographs of the accident scene, the vehicles involved in the accident and/or the defective roadway condition that caused the accident.
Report the accident to your insurance company.
Contact an experienced personal injury attorney for advice regarding your legal options.
Contact an experienced personal injury attorney for advice regarding your legal options.
How will my medical bills be paid in the event of an accident with a motor vehicle?
In the event of an accident with a motor vehicle it is important that a No-Fault application is filed with the insurance company of the motor vehicle within thirty (30) days of the accident. The paperwork needs to be properly completed to preserve your rights and ability to have your medical bills covered.
How long do I have to bring a claim or lawsuit?
Time limits are crucial when determining assessing an accident as a bicyclist. An accident in New York with a private non municipal vehicle is a three (3) year statute of limitations to bring a lawsuit. That means that you have to commence a lawsuit within three years of the date of the accident. That doesn’t mean that you should wait three years to bring your lawsuit. As you wait longer and longer people’s memories get worse. Witnesses may become less reliable. Details are harder to remember. You don’t want to prejudice your case by waiting.
An accident with a motor vehicle owned by the City or as a result of a defective roadway condition requires you to file a Notice of Claim within ninety (90) days and the lawsuit needs to be commenced within one (1) year and ninety (90) days. It’s important to consult an experienced attorney as soon as possible.
What happens if I am involved in an accident with an uninsured motor vehicle?
It may seem like you may be out of luck if a motor vehicle doesn’t have insurance however you do have options. You may be able to recover from your own motor vehicle insurance policy under your SUM coverage. It is important to bring in a copy of your insurance policy to an experienced attorney to review your policy. You may also be able to recover from the Motor Vehicle Accident Indemnification Corporation (MVAIC). It is important after an accident to file a notice of intention to make a claim with MVAIC to preserve your rights.
Bicycle accidents can be devastating and affect your everyday life. To protect yourself and put yourself in the best position to recover compensation that you deserve, you should reach out to an experienced bicycle accident attorney.
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