Riding a bicycle on New York’s public roads comes with many advantages. Riding a bike is an excellent form of exercise, saves money on gas, and decreases pollution. At the same time, sharing the road with motor vehicles can be hazardous. Even when you stay in bike lanes and follow every applicable rule of the road, the poor decisions of others can still result in life-changing collisions.
Cyclists who suffer personal injuries in wrecks with passenger vehicles and other automobiles have the right to demand compensation for their losses. However, this is only possible if they can prove that another driver’s actions were the source of the crash.
A Harris Hill bicycle accident lawyer is ready to take the lead in gathering the evidence necessary to establish negligence. We can also work with you to understand how the event has changed your life and demand proper payments from at-fault drivers and insurance companies.
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Assigning Blame Following a Bike Accident
A person’s chosen mode of transportation has little to do with the processes that courts will use to assign blame following an accident. Bike riders have the same obligations and rights while on public roads as passenger vehicle drivers, truckers, motorcyclists, pedestrians, and all other travelers. This includes the requirement to stop at red lights, signal all turns, yield to the right of way, and avoid operating their transportation device while distracted or under the influence. As a result, injured bicyclists always carry the responsibility of proving fault for a crash.
Claims that Center Around Violations of the Law
The most direct way to prove fault for a bike crash is to show that a driver violated a traffic law at the time of the collision. Prominent examples can include speeding, tailgating, and texting while driving. A Harris Hill bike accident attorney can help to determine if a police officer issued a ticket following an incident and whether a traffic court case results in a conviction. If so, this conviction is powerful evidence of fault for a crash. However, even when a police officer does not issue a ticket following a collision with a bike rider, this does not mean that the driver is not to blame for the incident.
Pure Comparative Negligence
All accidents are someone’s fault, and New York Civil Practice Law and Rules § 1411 requires courts to assign a percentage of blame to all parties involved. When the court appoints a portion of fault to an injured bike rider, that rider cannot collect full compensation. Instead, the amount of their award is reduced by their percentage of blame. Our attorneys work to build the most powerful possible case against negligent drivers that leaves no doubt as to who is at fault.
Common Bike Wreck Injuries
The harm cyclists sustain in collisions with motor vehicles can range from mild to severe. However, because of the size and weight difference between automobiles and bicycles and the lack of protection that bike riders have compared to motorists, injuries are often catastrophic. Some of the most common injuries include:
Cuts, scrapes, and road rash
Broken bones
Burns
Traumatic brain injuries
Spinal cord damage
Paralysis
Amputations
In the most extreme examples, injuries can be fatal. A compassionate attorney in Harris Hill can help families file a wrongful death claim to seek a sense of justice after losing their loved one due to negligence.
How Long Does an Injured Cyclist Have to Pursue Compensation?
N.Y. Civ. Prac. Law & Rules § 214 sets the statute of limitations at two years from the date of the collision. If an injured party misses this deadline, they are typically barred from seeking compensation at all. Speaking with an attorney as soon as possible helps to avoid this common complication.
Call a Harris Hill Bicycle Accident Attorney for Dedicated Legal Help
When you are involved in any kind of accident, it is understandable to feel overwhelmed or intimidated. Thankfully, a Harris Hill bike accident lawyer is ready to provide you with individualized assistance. From day one, our attorneys can obtain evidence concerning the incident, protect your case from insurance companies, and press to preserve your legal right to fair compensation. ContactRichmond Vona, LLC now for a free consultation.
With over 25 years of combined personal injury experience, our co-founding attorneys, John E. Richmond and Keith R. Vona, have helped injury victims and their family members recover more than $150 million in financial relief.
John E. Richmond
Co-Founding Member
As one of New York’s top personal injury attorneys, John E. Richmond understands that clients come first. With over a decade of experience representing plaintiffs, he knows how to hold negligent corporations and big insurance companies liable.
In his nearly 15 years in practice, Keith has been consistently recognized for his client service and record of results. He has been selected for inclusion in the New York Super Lawyers® Rising Stars list four times (2013 to 2016), an honor reserved for the top up-and-coming attorneys.
