Bicycling is a serious form of exercise, a treasured sport, and an environment-friendly form of commuting. Sadly, however, with so many bicycles now on the road, bicycle accidents have become much more common. If you have been injured in a bicycle accident on Long Island or in the five boroughs of New York City due to the negligence of another party, it’s time to contact Kohan Law Group for a free consultation.
Our bicycle accident attorneys are knowledgeable and experienced and have an impressive track record of winning maximum damages. At our boutique law firm, you will be provided with individualized attention and compassionate concern as well as excellent legal representation. In personal injury cases, we work on contingency, so you will pay no attorneys’ fees until we bring you meaningful compensation.
Common Types of Bicycle Accidents
Though each bicycle accident has unique elements, the following types of collisions occur all too frequently on the streets of our cities and towns:
- Dooring accidents when a car door opens in a bicyclist’s path
- Left-turn accidents when a driver makes a left turn, unaware of an approaching cyclist alongside their vehicle
- Left-cross accidents when a vehicle from the opposite direction turns left in front of a cyclist
- Sideswipe accidents when a vehicle strikes a cyclist while passing
- Intersection accidents when a vehicle and a cyclist collide at an intersection, often due to the driver’s failure to yield or stop
- Right-hook accidents when a car makes a right turn, cutting off a cyclist traveling alongside in the same direction
- Rear-end collisions when a vehicle strikes a cyclist from behind
- Driveway accidents when a vehicle exits a driveway or parking lot fails to see a cyclist on the road or sidewalk
Any type of bicycle accident may be caused by a driver who is impaired by drugs or alcohol or distracted by texting, or exacerbated by the driver fleeing the scene in a hit-and-run.
Third-Party Bicycle Accidents
In some cases, another driver is not the negligent party in a bicycle accident. The cyclist may be the victim of poorly maintained roads (e.g. broken pavement, potholes, improper signage) or by a defective bike part (e.g. brakes, tires) for which a manufacturer or distributor is responsible. No matter who the responsible party is, our determined lawyers will fight vigorously to hold them accountable and get you the compensation you deserve.
Possible Injuries Suffered in Bicycle Accidents
Because a bicycle does not offer protection for the cyclist’s body, bicycle accidents can cause severe long-term or permanent harm; too often, they result in fatality. Bicycle injuries include:
- Bone fractures
- Road burns
- Soft tissue/organ damage
- Traumatic brain injury
- Neck and back injuries
- Lost limbs
- Spinal cord injury (paralysis)
- Wrongful death
How We Will Prove Liability in Your Bicycle Accident
To prove liability, we will:
- Investigate the scene of the accident
- Examine police reports, medical records, and available surveillance footage
- Identify and interview witnesses
- Check any evidence indicating drive impairment or distraction, such as BAC levels or cell phone records
In other words, we will leave no stone unturned in our efforts to prove who the at-fault party is.
Comparative Negligence in New York State
Cyclists must follow the same local and state traffic laws as drivers, taking reasonable care for their own safety. This means that a bicyclist may also be found to be partially or even fully at fault for a collision with another vehicle. In many cases, both parties bear some blame for traffic accidents. The law covers such situations with “comparative negligence” statutes that vary from state to state.
New York adheres to the principle of “pure” comparative negligence, meaning that the injured party can be awarded damages regardless of their percentage of fault (up to 99 percent). However, the amount of compensation they receive will be reduced by the percent of fault the court assigns them.
For example, if the bicyclist is deemed to be 25 percent at fault and is awarded $100,000 in damages, the amount received will be $75,000. Because of complexities like these, you require the services of a seasoned bicycle accident attorney. You can rely on our lawyers to negotiate the best possible terms no matter what the situation.
Why do I need a personal injury attorney if I have PIP insurance?
In New York State, Personal Injury Protection (PIP) is a part of the state’s no-fault insurance system. It pays for medical bills, lost wages, and other out-of-pocket expenses after a car accident, regardless of who was at fault. However, there are several reasons you should still consider hiring a personal injury attorney even if you have PIP coverage, including:
- PIP covers only up to a certain limit that medical bills often exceed.
- NYS law permits you to work outside the no-fault system and file a lawsuit for a “serious” injury as state law defines it.
- PIP does not cover non-economic damages like pain and suffering.
- You may get into a dispute with PIP which requires your attorney’s intervention.
(Your attorney will fight for maximum compensation against opposing attorneys who want to settle your claim for as little as possible.)
Damages Our Attorneys Will Fight to Recover
When you team up with our savvy lawyers, we will work tirelessly to recover damages for:
- Medical and rehabilitation costs
- Lost income, present and future
- Property damage or loss
- Pain and suffering
- Permanent disability
- Extended nursing care
- Permanent scarring or other disfigurement
- Loss of enjoyment of life
Talk to Our Experienced Bicycle Accident Attorneys Today
Once you contact us, you will feel the relief that comes from dealing with true professionals who are also caring human beings. When you partner with Kohan Law Group, we will make your best interest our first priority.