Content reviewed by:
Alex Shulman
A bicycle accident can leave you facing painful injuries, mounting medical bills, and uncertainty about your financial future. A Clarkstown personal injury lawyer can step in and help you obtain compensation for your losses.
If you were hit by a negligent driver while riding your bike, you have legal recourse. A bicycle accident lawyer in Clarkstown from Shulman & Hill can take on your case, handle the insurance company, and help you secure a fair settlement.
How a Clarkstown Bicycle Accident Lawyer Can Help
Dealing with insurance companies after an accident can be stressful. A Clarkstown bicycle accident lawyer can help by:
- Investigating the accident: A lawyer can gather police reports, witness statements, photographs, and other evidence to determine the cause of the collision.
- Calculating your damages: A lawyer can evaluate your short-term and long-term losses and calculate the true value of your claim.
- Handling insurance companies: A lawyer can communicate with insurance adjusters and work to negotiate for a fair settlement.
- Preparing for trial: If negotiations fail, a lawyer can file a lawsuit and present your case in court.
Common Causes of Bicycle Accidents in Clarkstown
Many bicycle accidents occur because drivers fail to share the road safely with cyclists. Some of the most common causes of these crashes include:
- Distracted driving
- Speeding
- Failure to yield the right of way
- Unsafe lane changes
- Running stop signs or red lights
- Left-turn and right-turn collisions
- Following a cyclist too closely
- Opening vehicle doors into a cyclist’s path (dooring)
- Driving under the influence of alcohol or drugs
- Aggressive driving or road rage
- Failure to check blind spots
- Poor road maintenance
Common Bicycle Accident Injuries
Bike crashes can result in life-changing injuries, such as:
- Traumatic brain injuries (TBIs)
- Concussions
- Skull fractures
- Spinal cord injuries
- Neck injuries
- Back injuries
- Broken bones
- Facial injuries
- Dental injuries
- Shoulder injuries
- Wrist and hand fractures
- Hip fractures
- Knee injuries
- Internal bleeding
- Road rash
- Lacerations
- Nerve damage
What to Do After a Bicycle Accident in Clarkstown
The actions you take after a bicycle accident will either strengthen or weaken your injury claim.
It’s important to:
- Call 911 and report the accident.
- Seek immediate medical attention, even if your injuries seem minor.
- Follow all treatment recommendations from your healthcare providers.
- Exchange contact and insurance information with the driver.
- Obtain contact information from witnesses.
- Take photographs of the accident scene, your bicycle, the vehicle that hit you, and your injuries.
- Save your damaged bicycle, helmet, clothing, and equipment.
- Avoid discussing fault at the scene.
- Notify your insurance company.
- Speak with a bicycle accident attorney in Clarkstown before accepting a settlement offer.
Who May Be Liable for a Bicycle Accident?
Though most bicycle accidents involve negligent drivers, they are not the only parties who may be held liable for one.
Depending on the circumstances of your accident, liable parties may include:
- The driver of a passenger vehicle
- A commercial truck driver
- A delivery driver
- A rideshare driver
- The driver’s employer
- A government agency responsible for roadway maintenance
- A construction company that created hazardous road conditions
- A bicycle manufacturer
- A manufacturer of defective bicycle components
- A property owner whose negligence contributed to the accident
What Types of Compensation Can You Recover?
As an injured cyclist, you can recover compensation for a wide range of damages, including:
- Medical expenses: You can recover compensation for emergency treatment, hospital stays, surgeries, rehabilitation, medications, and future medical care.
- Lost wages: You can recover income you missed out on during your recovery.
- Loss of future earning capacity: You can receive additional compensation if your injuries permanently affect your ability to earn a living.
- Property damage: You can recover the cost of repairing or replacing your bicycle, helmet, electronics, clothing, and other damaged property.
- Pain and suffering: You can receive compensation for the physical pain and emotional distress caused by your injuries.
- Mental anguish: You can recover damages for anxiety, depression, trauma, or other psychological effects of the accident.
- Loss of enjoyment of life: You can receive compensation if your injuries prevent you from participating in hobbies, exercise, or other activities you once enjoyed.
- Permanent disability or disfigurement: You can recover additional compensation for lasting physical limitations, scarring, or other permanent injuries.
- Wrongful death damages: If a bicycle accident results in a fatality, eligible surviving family members may be entitled to pursue compensation for their losses.
- Punitive damages: You may be awarded punitive damages in cases involving especially reckless or intentional misconduct from the other party.
How Do You Prove Negligence?
To recover compensation after a bicycle accident, you generally must establish that another party acted negligently and caused your injuries.
Most claims require evidence proving the following elements:
- Duty of care: The responsible party had a legal obligation to act with reasonable care under the circumstances.
- Breach of duty: That party failed to meet the required standard of care through careless or reckless conduct.
- Causation: Their breach of duty directly caused the bicycle accident and your resulting injuries.
- Damages: You suffered measurable losses, such as medical expenses, lost income, pain and suffering, or property damage.
Evidence commonly used to prove negligence includes police reports, witness testimony, photographs, surveillance video, medical records, accident reconstruction analysis, cellphone records, and expert opinions.
How Long Do You Have to File a Bicycle Accident Claim in New York?
In most cases, New York law gives injured bicycle accident victims three years from the date of the accident to file a personal injury lawsuit. If you do not file your lawsuit before this deadline expires, you may lose your right to recover compensation.
Different deadlines can apply in certain situations. For example, if your claim is against a government entity, such as a municipality responsible for maintaining a dangerous roadway, you generally must file a Notice of Claim within 90 days of the accident and typically have one year and 90 days to file a lawsuit.
Contact a Bicycle Accident Attorney in Clarkstown
Recovering from a bicycle accident can be physically, emotionally, and financially challenging. If you need to file a legal claim, a Clarkstown bicycle accident attorney from Shulman & Hill can guide you through the process and fight for the compensation you need to rebuild your life.
Schedule a free case review to find out how you can seek justice.