Queens Bike Accident Lawyer
Driving in New York City can be a traffic nightmare. Many NYC citizens do not own cars, and in recent years bikes have become more and more popular as a great way to get around town and get some exercise while doing so. Especially with the growth of bike-share programs like Citi Bike, more and more New Yorkers are riding bikes than ever. However, drivers of cars, trucks, and buses in the city do not always look out for these riders. If you or a loved one was injured in a bike accident in Queens or anywhere in New York City, contact an experienced Queens bike accident lawyer.
At Sullivan and Galleshaw, LLP, our injury attorneys represent victims of bike accidents and other serious injuries and fight to get them the compensation they need to take care of their injuries and their families. For help with your case, contact Sullivan and Galleshaw, LLP to schedule a free consultation. Our number is (718) 550-6442, you may also contact us online.
Motor Vehicle Pose a Significant Safety Threat to Bicyclists
A bicycle offers a cost-effective, environmentally-conscious form of transportation. On New York City’s ever-busy streets, bicycles can actually be as fast or even faster than automobiles. At the same time, our infrastructure is not always friendly to bicyclists. Further, many motorists still fail to safely share the roads with bikes. According to data provided by People Powered Movement (PPM), there were 18,510 motor vehicle collisions involving bicycles reported in New York City in 2019 alone. PPM notes that more than 18,000 cyclists were hurt in car accidents and, tragically, 16 were killed.
What to Do After a Bike Accident in Queens
You need to be prepared for what to do after a serious bicycle accident. If you are hit by a car while riding your bike, do not try to brush it off and keep going. Especially if you have visible injuries like cuts and scrapes, you may have more serious underlying injuries. Many people underestimate the severity of their injuries, especially head injuries, which can lead to serious health consequences or even death if your underlying symptoms go untreated. Here are the most important steps to take after a bicycle accident in Queens:
- Get Immediate Medical Attention for Serious Injuries: After being involved in a bike accident, you should always call the police and an ambulance. If the injuries you face are severe, the EMTs can treat you and take you to the hospital where you can get the additional help you need.
- Call the Police: The police can also write a report about the accident and ensure that the other driver’s name, license plate number, and other important information is recorded. While the police report may not be admissible in court, it will help the insurance companies determine fault for the injury.
- Gather Information About the Bicycle Accident:If you are able to, you should stay at the scene of the accident. If you need to go to the ER and get medical treatment, do not hesitate to do that instead. However, if you can stay at the scene, collect the following information about the accident: the location of the crash, including an address and nearby cross streets, the weather and lighting conditions, the stop signs, traffic lights, and other signs and signals near the accident, the names and contact info of everyone involved, the names and contact info of witnesses, the license plate number, registration info, make, model, and color for all vehicles involved, and the names of any employers or transportation companies if the driver who hit you was a commercial vehicle driver, truck driver, or taxi driver.
- Determine if the Driver was an Employee: It is important to note that if the driver was acting within the scope of their employment for another party, that party might also be held liable for the negligent actions of the driver. This legal doctrine is referred to as vicarious liability. This means that you could file a lawsuit against the driver of the vehicle and their employer.
- Take Photographs: If you can, take pictures of the scene, too. If your cell phone was undamaged in the crash, you could use this to take pictures or call a friend or family member to come with a camera. If you can take pictures of the scene of the accident as it was on the day of the crash, it can go a long way as evidence in court. Make sure these pictures include wide shots of the whole scene as well as close-up shots of the vehicles involved, the damage, and any injuries you suffered.
- Get Professional Help: If you must leave the scene in an ambulance, see if law enforcement or someone you know can get this information and take pictures. You do not have to go through the bicycle accident claims process all alone. You should consult with an attorney before making a statement to an insurance adjuster. To learn more about filing a lawsuit for a bike accident in New York, contact an experienced Queens personal injury attorney.
Suing for a Bike Accident in Queens, NY
If you were seriously injured, you might face substantial medical expenses to treat your injuries. On top of that, you may be unable to work because of your injuries, which means you may have no income to support yourself and pay for these medical costs. These physical and financial harms you face – known as “damages” – would never have existed if it weren’t for the negligent driver who hit you. Filing a lawsuit can help you seek justice for your injuries and financial compensation for the harms you suffered.
Damages for medical bills and lost wages are the core “compensatory” damages you face in any personal injury lawsuit. The at-fault drivers in a bike accident case can be ordered to pay the full value of these damages, reimbursing you for the medical expenses and lost wages you faced. If you will need additional care going forward or if you will continue to miss work or must take a lower-paying job, this compensation can be incredibly important
Filing through the driver’s car insurance or your own car insurance might be possible, even if you were injured on a bike, but this may leave off certain damages. Medical expenses and lost wages are not often paid in full for insurance claims. In addition, you lose the chance to claim pain and suffering damages, which are available in court. These damages can be very high in cases with serious injuries, so it is vital to talk to an attorney about taking your case to court instead of filing your claim through insurance.
If your injuries and the damage to your vehicle were too significant to be covered by the insurance of the negligent driver, you should consider filing a lawsuit to recover compensation.
If you wish to file a personal injury lawsuit for your bike accident, you should be aware that your lawsuit is subject to the statute of limitations. The statute of limitations determines the amount of time that a plaintiff has to file a particular type of claim. In New York, the statute of limitations for personal injury lawsuits is three years from the date of the injury.
When an injured party does not file their personal injury case against the parties responsible for their accident, they risk having their case barred by the court. This means that the injured party has lost their avenue to pursue compensation for their accident. There are other advantages to filing your case as soon as possible. For example, filing your case early will help prevent important evidence from becoming lost or destroyed after a long period of time.
After ensuring that your personal injury lawsuit is filed on time, you will have to gather enough evidence to prove that the driver of the vehicle acted negligently behind the wheel. There are multiple elements that a plaintiff must prove to show that the defendant acted negligently:
- The defendant owed them a legal duty to operate their vehicle with caution;
- The defendant breached their duty towards you;
- The defendant’s actions were the cause of the accident; and
- You suffered an injury due to the defendant’s actions.
Each one of these elements must be proven if a plaintiff wants to prevail in their lawsuit.
You Deserve Full and Fair Financial Support After a Bicycle Accident
Following a serious bicycle accident in New York City, you need money to pay your bills and to support yourself and your family. Through a bike accident injury claim, you may be entitled to recover financial compensation for the full value of your damages—including for both out-of-pocket costs and intangible losses. At Sullivan and Galleshaw, LLP, our Queens bike accident injury attorneys know how to hold negligent drivers, transportation companies, and the big insurers accountable. Depending on the severity of your crash, you may be eligible for compensation for:
- Property damage (bicycle replacement);
- Emergency medical treatment;
- Medical bills and other health care costs;
- Loss of current and future income;
- Pain and suffering;
- Disability or disfigurement;
- Loss of lifestyle enjoyment; and
- Wrongful death of a family member.
How the Queens Bicycle Accident Lawyers at Sullivan and Galleshaw Can Help
Bicycle accident claims are complicated. After a serious crash, it is entirely normal to be stressed out, confused, and all-around overwhelmed by the situation. At Sullivan and Galleshaw, LLP, we are devoted to fighting for justice and compensation for injured victims. Our team is ready to get started on your case today. Among other things, our Queens bicycle accident lawyers will:
- Listen to your story and answer any legal questions that you have;
- Investigate your New York City bicycle accident—securing evidence;
- Connect with the right doctors and organize your medical records;
- Represent you in personal injury settlement negotiations; and
- Craft a customized legal strategy focused on your best interests.
Frequently Asked Questions About Bike Accident Claims in New York
What is the Statute of Limitations for a Bicycle Accident in New York?
If you were hurt in a collision in Queens, you have a limited amount of time to initiate your bike accident injury claim. Under New York law (New York Civil Practice Laws & Rules § 214), bicycle accident cases are generally governed by a three-year statute of limitations. Any personal injury lawsuit must be filed within three years of the crash. Of course, you do not want to fall behind in the claims process. Contact a Queens bike accident lawyer as soon as possible after an accident.
Do Bike Accident Cases Fall Under New York’s No-Fault Law?
It depends on the circumstances of your case. If you are hurt in a bike crash involving an automobile, then New York’s no-fault statute likely applies to your case. That being said, you can step outside of the New York no-fault insurance system and file a personal injury lawsuit directly against the at-fault driver (or other defendants) if you suffered serious injuries in the crash. If you have any questions or concerns about the New York no-fault law, our top-rated Queens bicycle accident attorney can help.
Is a Driver Automatically Liable for a Serious Bike Accident?
No. In a serious bicycle accident injury case, any party could potentially be found liable for the collision. Bicyclists have rights and responsibilities. New York uses a comparative negligence law for personal injury lawsuits—including fault-based auto accident claims. An in-depth investigation is required to determine exactly how and why the bicycle accident happened.
Call Our Queens Bike Accident Injury Attorneys for a Free Legal Consultation
If you or a member of your family was seriously injured while riding a bike in Queens, contact our law offices today. Sullivan and Galleshaw’s Queens bike accident attorneys represent injured cyclists throughout New York City and fight to get them the compensation they need after a bike accident. Call our law offices today at (718) 550-6442 or contact us online to schedule a free consultation on your case. With a law office in Queens, we represent bicycle accidents victims in New York City and beyond.
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