BICYCLE ACCIDENT ATTORNEYS
IN NEW YORK, NEW YORK
Bicycle accidents are becoming alarmingly more common. In 2019, there were over 3,800 motor vehicle collisions in New York City involving a bicyclist that resulted in serious injury or death. If you or someone you love has been in a bicycle accident, you deserve justice. When it comes to compensation for your injuries, an experienced New York personal injury attorney can go a long way toward helping you pursue the compensation you deserve.
Here at our firm, Raskin & Kremins, our skilled personal injury attorneys have more than 35 years of experience helping clients pursue the compensation they need to cover their medical expenses, lost wages, and any additional pain and suffering they’ve been forced to endure. Our firm is proud to serve clients across all of Manhattan and New York City, including the boroughs of Queens, Brooklyn, the Bronx, Staten Island, and the surrounding counties.
What to Do After a Bicycle Accident
The most important action you can take after a bicycle accident is to seek immediate medical attention. Whether or not it seems like you have been injured, it is important to call 911 and get medical personnel and law enforcement to the scene as quickly as possible.
After calling 911, the next best thing you can do is obtain the driver’s personal information. This includes their name, phone number, license number, and insurance information. You should also get contact information from any witnesses that may have been at the scene. If possible, see if they can stick around to provide a witness statement to the police.
It’s important to have law enforcement on the scene as soon as possible so you can file an official police report. Be sure to notify the police that you would like a copy of the report. If possible, it’s also helpful to take any pictures you can of the scene of the incident and any injuries you have suffered. Your next step is to reach out to a personal injury lawyer.
New York Laws Affecting Bicycle Riders
New York has a number of different laws that riders must adhere to out on the road. Some of these are for riders, while others are laws that motorists are required to follow. All of them are designed to protect riders out on the road. Some of the most important laws include the following:
If it is around sunrise or sunset or dark out, you must have a lamp affixed to your bike.
You must ride single file on the road, rather than two or more riders next to each other.
Lane splitting is illegal and should not ever be practiced.
You cannot have two earphones in as you ride.
You cannot carry a package and must have one hand on the handlebars at all times.
Drivers must yield to cyclists in bike lanes.
Cyclists must obey the traffic stops and general rules of the road.
Children must always wear a helmet when riding a bicycle.
Cyclists cannot ride on the sidewalks.
Drivers cannot block bicycle lanes.
Filing a Claim
When it comes to filing a personal injury claim, there are several important laws and statutes that are important to be aware of. These include the following:
New York Is Considered a No-Fault State
This means that regardless of who caused the accident, insureds are reimbursed by their insurance company for damages, regardless of who is at fault for the accident. They can be reimbursed for medical costs and other losses that arise from the accident, including property damage and lost wages.
New York’s Pure Comparative Negligence Rule
New York follows a pure comparative negligence rule for personal injury claims. This means that the amount of compensation you can receive will be reduced by the percentage of fault that you have been assigned in the accident.
For example, if you have been injured in a bicycle accident, but the court rules that you were 10% at fault for the accident because your bicycle did not have a rear reflector on it, then any compensation you are awarded will be reduced by 10%. If, in this case, the court chooses to award you $100,000 in damages, you will only be eligible to collect $90,000 in compensation.
Statute of Limitations
New York has a three-year statute of limitations on all personal injury cases. This means that you have three years from the date of the accident to file a lawsuit. Once three years have passed from the date of the accident, you will be unable to seek compensation for your injuries. It’s important to note that the clock begins ticking from the date of the accident, not from the date you discovered your injuries or began receiving treatment.
BICYCLE ACCIDENT ATTORNEYS
IN NEW YORK, NEW YORK
If you or a loved one has been injured in a bicycle accident, you deserve to have an experienced legal team on your side who will fight to protect your rights and advocate for your needs. Here at our firm, Raskin and Kremins, we will do everything we can to help you pursue the compensation that you need and deserve. Our firm is proud to serve clients across all of Manhattan and New York City, as well as throughout the boroughs of Queens, Brooklyn, the Bronx, Staten Island, and the surrounding counties. Call or reach out today to schedule a free case evaluation!