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 bikeshare 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) 843-0300, you may also contact us online.
What to Do After a Bike Accident in NYC
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.
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.
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.
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
- The names of any employers or transportation companies if the driver who hit you was a commercial vehicle driver, truck driver, or taxi driver
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.
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.
If you must leave the scene in an ambulance, see if law enforcement or someone you know can get this information and take pictures. 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
- 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.
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) 843-0300 to schedule a free consultation on your case.