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Bicycle Accident Lawyer in New York

Bicycle Accident Lawyer in New York

Distracted drivers, lack of protection, and poor visibility are just a few hazards threatening bicyclists in New York City. According to the city’s Bicycle Crash Data Report, nearly 4,700 bicycle injuries occurred in 2022 in NYC. According to the CDC, teens and young adults are the likeliest group to need emergency care after a bicycle injury.

If you suffered a serious injury while riding your bike, please contact us at Dervishi Law Group to consult a bicycle accident lawyer in New York. An experienced bike accident attorney will help you understand what compensation you may expect and walk you through the process of filing a claim. In case of motor vehicle involvement, it’s crucial to seek legal advice from a specialized motor vehicle accident lawyer in New York.

Why Do Bicycle Accidents Happen?

Bicycle accidents typically occur in urban areas. Brooklyn led the way with the highest number of bicycle injuries (almost 1,900) among all New York City boroughs in 2022. 

Alcohol plays a part in about one-third of fatal bicycle crashes, but bicycle accidents can happen for many other reasons. Aggressive and reckless drivers, potholes, poorly maintained bike lanes, traffic violations, and careless pedestrians can all cause a bicycle crash. Accidents may also happen because of a manufacturing defect that makes a bike unsafe to ride. 

Bicyclists are more vulnerable to serious injuries than other road users. Even if you use the proper safety gear, you’re at a high risk of TBIs, fractures, internal organ damage, and extensive bruising if an accident happens. 

Who Is Responsible for Your Losses?

New York is a no-fault insurance state, which can be convenient for accident victims. You can expect an easier settlement process and quicker compensation for your injuries when you don’t have to prove fault. The downsides of this system are limited coverage and inability to sue the responsible party.

However, the no-fault system steps aside if your injuries cross what’s known as the “serious injury threshold.” This includes fractures, loss of body parts or bodily function, disfigurement, and injuries causing disability lasting three months or longer. Economic losses above $50,000 also allow you to pursue a claim against an at-fault party. 

Proving Negligence

If your claim is fault-based, you’ll have to prove negligence. It’s a much more complex process than a no-fault claim, and you’ll need an experienced New York bike accident lawyer to help you present compelling evidence. 

In a negligence-based claim, you’ll aim to show that someone did or neglected to do something that led to your accident. For example:

  • A driver was handling their phone behind the wheel and didn’t see you
  • A store owner left an obstacle in a bike lane near their property 
  • Municipal workers neglected to repair a crack in the asphalt

Sometimes, more than one party is responsible for an accident. For instance, maybe a collision occurred because a motorist wasn’t paying attention to the road but also because your brakes failed. In this case, both the driver and your bicycle’s manufacturer may be at fault. 

What To Do After a Bicycle Accident?

In the first moments after a bicycle accident, safety should be your priority. Remove yourself from harm’s way to avoid hazards like traffic. If you need urgent medical attention, call 911 or have someone else do it for you. Otherwise, follow the next steps.

1. Call the Police 

If a motorist hit you, calling the police will be important for establishing your claim. Wait for the police officers to arrive, let them know what happened, and be sure to ask for a copy of the police report. If your accident occurred because of a hazard on someone’s premises, notify the property owner.

2. Collect Evidence

Photograph the accident scene while it’s intact. Capture important details like the vehicle that hit you or the hazard that made you lose control of your bike. Take the names and contact information of whoever was involved in your accident and any witnesses.

3. Seek Medical Care

Please see a doctor even if you think you just need some rest and an ice pack. Some potentially fatal injuries, like internal organ damage or TBIs, can be imperceptible at first. Moreover, your medical records will serve as key evidence for your claim.

4. Call Your Insurer

Per your insurance policy’s terms, you probably need to report any accident within 24 to 72 hours to preserve your coverage. However, don’t accept any settlement offers before you talk to a Manhattan bike crash attorney.

5. Call a Bicycle Accident Lawyer in New York

A bicycle accident lawyer will explain what you should do next and how you can expect your claim to proceed. They can also give you a realistic estimate of your claim’s value.

When To Contact a New York Bike Accident Attorney

Call our law firm within the first couple of days after your accident if possible. When you sustain a serious injury, you need skilled bicycle collision legal representation in NY. Insurance companies look out for their interests and often try to deny your claim or argue that your injuries aren’t serious.

With an experienced New York City bicycle accident attorney of Dervishi Law Group, ensuring your claim ticks all the boxes and follows the proper deadlines is easier. Your NYC cyclist injury lawyer will:

  • Determine who’s likely responsible for covering your damages
  • Calculate your claim’s worth based on your economic and noneconomic losses
  • Handle the claim process and stand for your rights when negotiating with insurance adjusters
  • Evaluate any settlement offers and advise you on accepting them or taking further steps
  • If necessary, appeal a denied claim and/or start a personal injury lawsuit

Call Dervishi Law Group for a Consultation With a New York Bicycle Accident Lawyer

If you’re recovering after a serious bicycle accident, you might be dealing with severe pain, inability to work, and mounting costs. We at Dervishi Law Group are here to provide the reliable counsel and relentless legal support you need to secure suitable compensation. We support the survivors of bicycle and car accidents across NYC.

Call (718) 484-4757 or text (917) 496-8342 24/7 for a free case evaluation by an experienced bicycle accident lawyer in New York. 

FAQs

How much time do I have to file a bicycle accident claim?

The usual deadline for personal injury claims in New York is three years, but if you’re taking action against the City of New York, you must submit a formal notice within 90 days and file your claim within a year and 90 days. Some no-fault insurance claims have even shorter timeframes, so talk to an NYC bicycle injury attorney right after your accident and find out how much time you have to take action.

Can I still claim compensation if I violated a traffic law while riding my bike?

Yes, you’re still eligible for compensation in New York even if your actions contributed to the accident. However, your payout would decrease proportionally to your degree of fault. For example, if your claim is worth $100,000 and you’re 30% responsible, you only collect $70,000.

When will a court award punitive damages after a bicycle accident?

Usually, a court will award you punitive damages if the at-fault side behavior included egregious negligence or malicious conduct. An example would be drinking and speeding through a residential zone, then attempting to flee the scene after hitting your bike. 

Can I handle my own bicycle accident claim?

Technically, yes, but we strongly advise against self-representation after a serious accident. Insurance claims and liability laws can be complex, and you can almost always expect a better outcome when working with an experienced bicycle accident lawyer in New York. 

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Address 1:
2322 Arthur Ave., Suite 3A
Bronx, New York 10458

Address 2:
18 East 41st. Street, 6th Floor
New York, NY. 10017

Office: (718) 484-4757 
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To arrange a consultation with a Trip and Fall attorney in Connecticut, please contact Dervishi Law Group, P.C. today. You can call us at (718) 484-4757 , (917) 496-8342 or email: fdervishi@dervishilaw.com.

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