Bicycle Accidents

Experienced Long Island Bicycle Accident Lawyer

In Smithtown and other areas of Long Island, people ride bicycles for fun, sport, transportation, and, occasionally, for professional courier services. When biking goes as expected, the benefits include exercise, fresh air and convenience. Sometimes, however, bicycle riding leads to dangerous moments, including accidents. Bicycle accidents are often serious because of the bicyclist’s lack of protection such as a vehicular body.

Legal Counsel and Recovery After a Bicycle Accident

You may be looking for a Long Island bicycle accident lawyer after being hit by a car, a truck, a bus or another bicycle. Perhaps a pothole or a stray dog resulted in a bicycle crash that left you injured. At Futterman Lanza, LLP, our personal injury lawyer, Barrie Bazarsky, will devote her time and knowledge to helping you recover the compensation you need and deserve.

Problems and Solutions in Bicycle Accident Cases

Bicycle riders have the legal right to ride in the same lanes that cars travel in. However, drivers of cars, trucks and buses often say, after hitting bicycles, that they did not see those bicycles in time to steer clear of them. Proving that a driver was negligent is part of the strategy of many successful personal injury claims involving bicycle crashes.

Besides the unfair treatment that bicycles get in traffic and in liability, bicyclists are vulnerable because of their exposure. An occupant of a car or truck may receive some protection from a seatbelt and the car or truck body, whereas a bicyclist does not have such protection. The bicyclist may fly into the air and hit the ground hard as well as strike the car or truck that hit them. This scenario results in many serious, catastrophic and fatal injuries to bicyclists.

Another complication with bicycle accidents may be the challenge of finding a hit-and-run driver. If the police do not find the driver who fled the scene, attorney Barrie Bazarsky, as your personal injury lawyer, may bring in a private investigator. Ideally, the hit-and-run driver will be held responsible. If necessary, attorney Barrie Bazarsky can help you tap into your uninsured/underinsured motorist coverage on your auto insurance.

Bike Accident FAQs:

What are the main causes of bicycle accidents?

The main causes of bicycle accidents are cars making left-hand turns and not paying proper attention. The streets on Long Island and in metro New York are busier than some more remote locations, especially in the summer months when there tends to be more bicycle riders on the road. Be alert for these bicycle riders in all seasons.

What should I do if I was doored (hit by a car door while cycling)?

No fault covers someone injured by “the use or operation of a motor vehicle”. If you are hit by a car door, call the police and follow the same steps as you would for another type of car accident.

Since the car insurance is responsible for both your medical bills and the driver’s negligence, it is imperative that you obtain the insurance information and any additional identifying information of the driver of the car, as well as the owner of the automobile.

Of course, if you are injured, go to the emergency room and then follow up.

What should I do immediately after a bicycle accident?

Immediately after any accident, call the police, take photos, get names and addresses of witnesses, seek medical attention. This is the same whether it is an accident with two automobiles or involves a bicycle in an accident. It is imperative that you get the information of the vehicle and the driver that struck you since that vehicle will be responsible for not only your pain and suffering, but also your medical bills.

Of course, if you are injured, go to the emergency room and then follow up.

Should I seek medical attention even if I don’t feel injured?

It is always better to get checked out by a physician. There are injuries that are not always apparent, and it is better to be safe.

How do I prove the driver was encroaching on the bike lane when the accident happened?

Bicyclists must follow the same rules of the road as anyone operating a motor vehicle. If you are unsure if it can be proven that there was driver error involved in your bicycle accident, please contact us. There are many ways to determine a driver’s error and the sooner it is after an accident, the more likely it is that the necessary evidence can be obtained.

What are my rights as a cyclist on the road?

The best way to prove the negligence of the defendant (the person the bicycle rider is suing) is to obtain the identity and statements of any eyewitnesses (besides the people involved in the accident) and any photographs you or others took. A picture is worth a thousand words, as the saying goes.

Also, try and have the bicycle and the car left in the positions when impact occurred for the arrival of the police if it is safe to do so.

Can I still be compensated if I was partially at fault for the bicycle accident?

Bicyclists must follow the same rules of the road as anyone operating a motor vehicle. New York is a purely comparative negligence state, which means that you can collect for damages caused by the negligence of another; however, the amount will be reduced based upon your percentage of fault. This is an interesting concept that can be explained in more detail.

What if I can’t work due to my back accident injuries? How do I deal with lost wages?

Treatment and lost wages for bicycle injuries, caused by negligence of a motor vehicle operator, are covered under no fault. The car insurance carrier of the vehicle is responsible for these items under the no fault portion of that policy. In this regard, it is essential that you obtain the automobile insurance information.

A lost wage claim requires a note from a treating physician that the person is disabled from working due to injuries sustained in the accident. This is true whether it is a back injury and/or other type of injury.

The insurance company will request proof of wages through the individual’s employer or the bicycle rider’s tax returns if the person is self-employed.

How do I handle communication with insurance companies?

We do not advise our clients to communicate with insurance companies without our input. This is very important and is explained during the initial free consultation. The insurance company and their representatives are designed not to act in our client’s best interests and whatever you discuss will be recorded.

Are there any time limits for filing a claim or lawsuit after a bicycle accident?

The time statute of limitations for a negligence action in New York is three years from the date of accident.There are exceptions for municipal situations, those under the age of 18 and certain others which may alter the time period.

In addition, if the bicycle accident is due to an encounter with a motor vehicle, no fault applications must be filed within 30 days, just like other motor vehicle accidents. This amount of time can pass quickly so please keep this important timing in mind.

How can a personal injury attorney help with my bike accident injury claim?

A personal injury attorney can help with any injury case – not just bicycle accidents. Insurance companies are not there to help you and you don’t know what you don’t know. This is a delicate and important negotiation. Remember that the first offer from the insurance company can be less than the final offer.

There are multiple aspects to bicycle accidents, not only compensation for injuries but no fault as well.

Get Answers and Get Your Bicycle Case Underway

Our Long Island bicycle accident lawyers will support your rights and maximize your recovery. With offices in Smithtown, Melville and Garden City, our law firm primarily represents clients throughout Long Island (Nassau County and Suffolk County) and the Metro New York area.

We offer Flat-Fee billing for most of our client’s cases. We believe you should be focusing on your family’s future, not the clock. That’s why we operate on a transparent flat fee basis. Find out more about our flat fee billing during your free first time consultation.

To schedule a free consultation with Long Island bicycle accident attorney Barrie Bazarsky, call 631-979-4300 or send an email inquiry.