Do I Need a Lawyer for a Bicycle Accident in New York?

Yes, you need a lawyer for a bicycle accident in New York. If you were recently hurt in a bike-related collision, a Long Island bicycle accident lawyer can guide you through the legal process and help you understand the consequences caused by the crash.

From there, your attorney can also examine the details of the incident, explain your rights as a cyclist, and help you explore your options for recovery. Dealing with insurance companies and filling out legal paperwork on your own can be stressful, especially if this is your first accident.

However, you don’t have to handle everything by yourself. Let an attorney ease your stress by advocating for you and standing by your side throughout every step of the process.

Common Causes of Bicycle Accidents in New York

City streets are full of hazards, and some accidents are more prevalent than others:

• Driver negligence: Speeding, failure to yield, distracted driving, or running red lights are all actions that contribute to major collisions.
• Dooring accidents: In these incidents, cyclists are injured when someone in a parked car opens their door unexpectedly, without first checking that the path is clear.
• Road hazards: Potholes, uneven pavement, construction zones, and debris pose serious risks to bicyclists.
• Bike lane conflicts: Cars turning into bike lanes or double-parking can force bikers to swerve suddenly, throwing them off course and increasing their risk of injury.
• Weather-related incidents: Rain, snow, or ice can make streets slippery while simultaneously reducing visibility for everyone on the road.

Recognizing what caused the accident can narrow down liability and help victims protect themselves when pursuing compensation in their case.

New York’s No-Fault System: How It Applies to Cyclists

New York is a no-fault state, which means that after a motor vehicle collision, the injured person will first turn to Personal Injury Protection (PIP) insurance to cover medical bills and certain financial losses. This is true regardless of who caused the crash.

For cyclists, PIP coverage typically comes from the driver’s auto insurance, not the cyclist’s. Here’s what this means:

• If you were hit by a car: You can usually file a PIP claim through the vehicle that struck you.
• If a hit-and-run driver injured you: You might be able to access PIP benefits through your household auto policy or through the Motor Vehicle Accident Indemnification Corporation (MVAIC), depending on your eligibility.

What PIP Covers

Let’s take a look at what PIP benefits usually cover:

• Medical bills
• Prescription medications
• Lost wages
• Transportation to medical appointments
• Necessary household assistance

The 30-Day Deadline

New York requires victims to file PIP applications within 30 days of the accident. If you miss this deadline, you might be denied in your pursuit of benefits, which is one reason why reaching out to an attorney as soon as possible is so important.

The Serious Injury Threshold in New York

While PIP benefits cover certain losses, they do not include compensation for pain and suffering. To file a liability claim or lawsuit against the at-fault driver, cyclists must meet New York’s serious injury threshold, which includes:

• Significant disfigurement
• Bone fractures
• Permanent loss of use of a body part
• Permanent consequential limitation of a body organ or member
• Significant limitation of a body function or system

It also requires you to have sustained a medically determined impairment that has prevented you from engaging in normal daily activities for at least 90 of the 180 days after the accident.

If your injuries meet this threshold, you can likely step outside the no-fault system and pursue additional damages from the driver or other responsible parties.

The Importance of Witness Testimonies and Evidence Collection

Eyewitness accounts can make or break a claim. Those who witnessed the accident can corroborate what happened and who may be at fault. These forms of evidence can help you and your attorney support your claim in the pursuit of justice:

• Statements from pedestrians, other cyclists, or drivers
• Photos or videos of the accident scene
• Security footage from nearby businesses
• Damage documentation for both the bicycle and the vehicle
• Police reports or citations issued

Insurance Considerations in New York Bicycle Accident Cases

Bicycle accidents often involve multiple insurance policies. Depending on the circumstances, coverage can come from many different sources:

• Driver’s auto insurance: Liability coverage might pay for your medical bills, property damage, and lost wages.
• Personal health insurance: This usually covers initial treatment needs, though it will not reimburse you for any lost wages.
• Homeowner or renter’s insurance: Some policies extend liability coverage for incidents caused by family members or permitted guests.
• Uninsured/underinsured motorist coverage: This protects victims if the at-fault driver lacks sufficient insurance at the time of the incident.

Why Do I Need a Bicycle Accident Lawyer in New York?

A bicycle accident lawyer in New York can ensure your rights are fully protected after a crash. Bicycle accidents often involve multiple parties, including:

• Drivers
• Municipalities
• Insurance companies

Trying to find your way through the legal landscape without any professional guidance can result in situations where you miss out on opportunities for compensation. With an attorney by your side, your lawyer can help you understand the full extent of your options.

For example, you might not know how to gather the right evidence or determine liability in your case, but a lawyer will provide you with access to resources that can strengthen your claim. Attorneys can obtain a wide array of documentation that you need for your case, including:

• Accident reports
• Medical records
• Witness statements

Trying to handle these legal matters without any experience can hurt your case. Meanwhile, a lawyer who understands the ins and outs of bicycle accident claims will know what to look out for and how to protect you, especially when insurance adjusters are involved.

Ultimately, a bicycle accident lawyer in New York can offer you peace of mind during an otherwise stressful time in your life. Instead of managing everything by yourself, you’ll have an advocate who will handle all these details with your interests in mind.

Contact Us to Talk to an Attorney for a Bicycle Accident in New York

After getting hurt in a bike-related collision in New York, a lot of people wonder if they need a lawyer for a bicycle accident. While it’s not required to retain legal counsel, we strongly recommend that accident victims contact a law firm for assistance.

At Chaikin Trial Group Personal Injury Lawyers, our attorneys have 50 years of combined experience. In that time, we have recovered $100 million in compensation for our clients. We are very familiar with the laws that apply to your case, and we’ll explain your options.

It all starts with reaching out to our attorneys and telling them what happened. Once we have a solid understanding of your circumstances, we will start preparing your case as though it will go to trial. We’ll work to maximize your compensation and fight for justice on your behalf. Contact us today.