Bicycle accidents are common occurrences in
the New York area.
can occur for a wide variety of reasons including:
potholes; unsafe conditions; negligent repairs;
manufacturer defects in bicycles; helmets, accessories;
drivers not paying attention, etc. Dangerous conditions
can occur on public or private property and often times
the property owner may be held liable.
Depending on the
circumstances of an accident you can still sue the
driver who hit you even
if you were partly at fault.
Sometimes bicyclists are at fault themselves. New York
is a comparative negligence state which means that a
bicyclist's own mistakes do not bar him from suing a
vehicle operator who also contributed to the accident.
Your recovery will be reduced by the percentage that you
are found to be at fault. In other words, if the jury were to award
you $2 million for your injuries but determined that you
were 50% at fault, your recovery would be limited to $1
York State Insurance Law provides that a
bicyclist must file a No-Fault claim within
thirty days of the accident with the insurance
carrier for the vehicle regardless of who was at
fault. No-Fault provides coverage not only
for necessary medical expenses, but for a
portion of your lost earnings as well. If the
bicyclist was injured on the job, Workers'
Compensation will pay the medical bills. We can
explain what documents you will need to file
under either circumstance.
By listening to
the details of your bicycle injury case, a good attorney
can make a reasonable assessment of potential damages
and liable parties. At Hill & Moin LLP, we will
listen to the details of your case and help determine
who was at fault. In addition, we commonly utilize a
variety of experts that can help reconstruct the
circumstances of your accident and establish potential
Hill & Moin LLP
regularly provides our clients with detailed
recommendations about what precautions to take after an
accident occurs. These valuable tips can make all
the difference in developing a solid bicycle injury case
that may enhance your claim by thousands of dollars or
It is important to
carefully select your law firm. If the defense
believes that a plaintiff’s attorney will not only go to
trial, but will receive an optimum verdict, the
defense’s risk is increased and thus the settlement
value of the case is increased.
Your case probably will settle and will be more likely
to settle for an increased amount if you retain a well
qualified firm to represent you.
Most legal questions require complex investigation.
The information provided here may not be fully
applicable to your case. For more detailed answers to
these questions, a consumer should
consult with an
Sometimes injuries occur because of reasons outside
the impact itself. For example, a bicycle defect
may lead or be the causing factor of one or more
injuries incurred during an accident. Defected
parts or poorly designed bicycles may also lead to
unnecessary injuries that were not the direct result of
the accident itself. The following is a list of the
common situations that lead to can cause car accident
-Drivers under the influence of alcohol
-Dangerous railroad crossings that cause accidents
-Defective helmets and equipment
Make sure you seek
medical attention for any injuries that you received as
a result of the accident as soon as possible. This
way any claims of injury cannot be refuted by saying
that they happened between the time of the accident and
the medical visit.
Remember, not all
injuries to the people involved in the accident will be
apparent immediately. For example, back injuries may
become worse weeks after the incident.
Make sure you file
a police report to document the accident. After
about 2 weeks the report should be available.
Request a copy of it, whether or not it corroborates
with your story, because it will be important for your
the vehicle operator will have attorneys who will
try to refute and devalue your case. Having a bicycle accident attorney on your side
will help fight and counter the testimony given
by the driver.
You have the right to receive proper compensation for
the injuries sustained by other people's negligence!