Manhattan Cycling Accident Lawyer
Cycling is the method of travel for many people that wish to navigate Manhattan traffic easily. However, cycling can also be dangerous if a person encounters a negligent or reckless driver. If you or a family member was a victim of a serious cycling accident, consult with an experienced Manhattan cycling accident lawyer today.
The team of experienced personal injury attorneys at Sullivan & Galleshaw, LLP, see how the injuries sustained in a cycling accident can change a person’s life, and we are prepared to help you pursue legal compensation. To schedule a free legal consultation, contact Sullivan & Galleshaw, LLP at (877) 311-4878, or contact us online.
Common Causes of Cycling Accidents in Manhattan, NY
Cyclists must often remain aware of motorists that are acting unpredictably on the road. An erratic or unpredictable driver can cause a cyclist to suffer a serious injury under a variety of circumstances. However, there are some types of cycling accidents that are more common than others. For example, motorists that are speeding may not have enough time to react to a cyclist in their path. Other common causes of cycling accidents include:
- Driving under the influence – Consuming alcohol or drugs prior to operating a vehicle is a poor choice. An intoxicated driver may have issues with reacting to changes in traffic and may even fall asleep at the wheel, which can easily lead to an accident with a cyclist.
- Turning in front of a cyclist – Cyclists are especially vulnerable to being struck at busy intersections where many drivers are turning. Many drivers fail to check their blind spots before proceeding with a right turn, as they do not expect anyone to be in their way. As a result, a cyclist could strike or become hooked on a car
- Ignoring Traffic Signals – When encountering a cyclist at a traffic signal at a stop sign or other traffic signal, a driver should treat them like any other driver. Unfortunately, some reckless drivers may ignore cyclists and traffic signals. This can often lead to a serious bike accident if the cyclist believed they had the right of way.
- Distracted Driving – Practically every person has observed a negligent motorist that is engrossed in their phone or other technology while driving. Due to this negligent behavior, a driver could easily cause an accident by veering into a cyclist’s lane or failing to see a cyclist entirely.
There are various other causes of cycling accidents that are not listed above. To learn more about filing a lawsuit for a cycling accident, you should continue reading and speak with an experienced Manhattan personal injury lawyer.
When to File a Personal Injury Lawsuit
If you were injured due to the negligent actions of a motorist, you should consider filing a personal injury lawsuit. When considering a personal injury lawsuit, you should know that your lawsuit is subject to the statute of limitations. The statute of limitations sets the deadline for the amount of time a claimant has to file their case with the court. The timeframe can vary depending on the type of case a claimant wants to file.
In New York, the statute of limitations for a personal injury lawsuit is three years from the date of the accident. If a claimant does not timely file their claim with the court, the defendant can successfully request that the court dismiss the claim. If this occurs, the claimant may not have another avenue to seek compensation for their injuries.
While three years is a lengthy amount of time to file a personal injury lawsuit, you should not waste this time. Filing a case as soon as possible is beneficial for many reasons. For example, if you need witnesses to help prove your claim, you want to ensure their memories do not become unreliable because you filed your claim after a long period of time.
If a cyclist possessed insurance coverage that covered their accident, they may have to request compensation from their insurance company before filing a lawsuit. However, if the cyclist suffered a serious accident, they can circumvent this process and pursue the negligent driver directly. A serious injury may be defined as a broken bone, disfigurement, loss of a body function, and many other types of injuries.
Proving Fault in a Manhattan Cycling Accident
If an injured cyclist files a personal injury lawsuit, they must then show how a driver is responsible for their accident. At this point, a cyclist should have various types of evidence that may help a court conclude that a driver was responsible for the crash. To prove that a driver acted negligently, a plaintiff must prove the following elements:
- The defendant (driver) owed the plaintiff (cyclist) a duty to operate their vehicle with care
- The defendant breached that duty
- The defendant’s actions were the cause of the breach (e.g., driving drunk)
- The plaintiff suffered an injury or damages that are compensable by a court
In order to prevail in their claim, the plaintiff must prove all of the above elements.
Our firm has a wealth of experience litigating many types of injury claims. If you are concerned about the filing deadline for your case or about the litigation process, we are here to alleviate your concerns and guide you through the process.
Contact Our Experienced Manhattan Cycling Accident Attorneys to Discuss Your Claim
If you or a family member was a victim of a dangerous cycling accident, contact an experienced Manhattan cycling accident attorney today. With decades of combined legal experience litigating complex injury cases, the committed legal team at Sullivan & Galleshaw, LLP, is ready to fight for you in your time of need. To schedule a free case evaluation, contact Sullivan & Galleshaw, LLP at (877) 311-4878.