Bicycle accidents
are common occurrences in and around
the New York area.
These accidents 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 that hit you
even if you were partly at fault. For example, not following the law by riding on the
wrong side of the road or not having proper gear to ride
at night can, and often will be found to be negligent
behavior on your part. However, a bicyclist's negligence
does not eliminate their ability to sue another party;
it simply reduces the recovery by the percentage of
their 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
million dollars.
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 liabilities.
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 more.
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 attorney.
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 injuries:
-
Drivers under the influence of alcohol
-
Dangerous railroad crossings that cause accidents
-
Defective tires
-
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 case.
In court, the accused party will
have attorneys that 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
accused.
You have the right to sue for proper compensation for
injuries sustained as a result of other people's
negligence!
Don't wonder
about your rights!
