Cycling provides individuals with a feeling of liberation, enjoyment, and various health advantages. However, riding a bicycle also comes with potential dangers. If a negligent driver injured you, a bicycle accident attorney in Cheektowaga, NY, will help you hold them accountable.
At Richmond Vona, LLC, we have more than 30 years of legal experience advocating for our clients’ rights. Our Cheektowaga personal injury lawyers understand that even a seemingly minor bicycle accident can disrupt your life. We want to help you return to normal as quickly as possible. Call us today for a free initial consultation.
We Will Help You Seek Fair Compensation for All Your Damages
Being involved in a bicycle accident can lead to long-term losses. Beyond the immediate medical bills for treating your injuries, you could also have to pay for future medical interventions. In addition, if you suffer severe injuries like traumatic brain injury (TBI), you may be unable to earn a living, further increasing your financial stress.
As experienced catastrophic injury lawyers in Cheektowaga, we understand that you may be under a lot of pressure to pay off your current and future accident-related expenses. We want to help you feel financially secure.
You could recover the following damages after a bicycle accident:
- Medical bills
- Projected future medical expenses
- Lost wages
- Diminished earning potential
- Pain and suffering
These are only a few examples of the types of damages you could claim. What damages and how much money you could receive after a bicycle accident depends on the details of your case. Usually, you are likely to receive a higher amount if you suffer extensive property damage or catastrophic injuries.
For a free legal consultation with a bicycle accident lawyer serving Cheektowaga, call (716) 300-5885
Who Is Responsible for Your Bicycle Accident?
Part of what makes bicycle accident cases difficult is that different parties can be liable. Identifying against whom you should file a claim can be difficult without legal representation. Our attorneys will investigate the circumstances of your incident and determine who was at fault.
The following parties could be responsible for a bicycle accident:
- Road conditions
- Other cyclists
- Local authorities
Your attorney will determine liability by investigating the incident. They analyze various factors such as traffic laws, witness statements, and any available surveillance footage. The lawyer may collaborate with accident reconstruction experts to recreate the sequence of events leading to the collision.
Cheektowaga Bicycle Accident Lawyer Near Me (716) 300-5885
How to Prove Negligence in a Bicycle Accident
Negligence refers to the failure of one party to exercise reasonable care, thereby causing harm to another individual. In the context of a bicycle accident, negligence could manifest in various forms, such as a motorist disregarding traffic laws or inadequate road maintenance by local authorities.
To establish a successful bicycle accident claim based on negligence, you must typically demonstrate four key elements:
- Duty: The party accused of negligence owed you a duty of care. In the context of a bicycle accident, this could involve proving that a motorist had a duty to adhere to traffic laws or that a property owner had a duty to maintain safe conditions.
- Breach of duty: You need to provide evidence showing that the responsible party breached the duty of care. This could involve proving that a motorist violated traffic regulations or a property owner neglected to address hazardous conditions.
- Causation: Establishing a direct link between the breach of duty and the injuries suffered is crucial. You must demonstrate that the negligent actions of the responsible party were the proximate cause of the accident and subsequent harm.
- Damages: To have a viable claim, you must have suffered actual harm or damages as a result of the negligent conduct. This can include physical injuries, emotional distress, property damage, or other measurable losses.
Negligence serves as the legal foundation for pursuing a personal injury claim. Without establishing negligence, it becomes challenging to hold the at-fault party accountable and seek compensation.
New York’s Pure Comparative Negligence Law
Accidents often involve shared responsibility among multiple parties rather than a single accountable party. The impact on damages awarded can vary depending on the prevailing laws in a state. New York adheres to the pure comparative negligence doctrine.
According to New York Civil Practice Laws and Rules section 1411, plaintiffs can recover damages even if they bear some responsibility for the accident. The jury is responsible for determining the damages award and adjusting it based on the percentage of fault attributed to each party.
For example, if the defendant was driving under the influence and the plaintiff was texting while driving, the jury might assign 50% blame to each party. This would result in a 50% percent reduction in any awarded damages to the plaintiff.
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New York Has a Statute of Limitations for Personal Injury Lawsuits
In the state of New York, a statute of limitations governs the timeframe for initiating personal injury lawsuits. As per the legal framework, victims have a limited period to file a claim after sustaining an injury. You must file most personal injury lawsuits in three years, but the specific duration can vary depending on the nature of the case.
It is crucial to be aware of and adhere to these time constraints. Failing to file within the stipulated timeframe may result in the forfeiture of your right to seek legal redress.
Call Our Cheektowaga Bicycle Accident Attorneys Today
The legal team at Richmond Vona, LLC is experienced in navigating the complexities of personal injury law, particularly in the context of bicycle accidents. We understand the unique challenges that cyclists face on the road and are committed to helping you pursue maximum compensation.
Our attorneys are ready to assess the specifics of your case and provide compassionate guidance. Don’t navigate the legal process alone; contact us today to make sure your case is handled with the attention it deserves.