Bicycle ridership in Long Island is among the highest in the nation, and Islip is no exception. Bicycle riders are expected to take precautions to minimize the risk of injury. But even if they do, they can still be injured by the careless actions of negligent motorists.
If you have injuries from a recent bicycle accident, you should speak to an Islip personal injury lawyer from Chaikin Trial Group. Your injuries may be putting you and your family under financial and emotional strain, but there are options for relief.
Navigating insurance claims after a serious accident is frustrating, but we can be your legal representative at every step of the process.
Our team has over 50 years of combined experience and has recovered over $100 million for deserving clients. Contact us today to discuss your case with a dedicated Islip bicycle accident lawyer.
Injuries from Bicycle Accidents
Bicycle accidents can result in a wide range of injuries, ranging from scrapes and bruises to shattered bones and brain injuries. Cyclists are largely exposed to danger on their bikes, so their bodies can bear the full brunt of impact with a vehicle or the pavement.
Common injuries from bike accidents include:
- Head injuries and concussions
- Torso injuries and broken ribs from blunt force trauma
- Wrist injuries from catching yourself from falling
- Arm and hand injuries, such as degloving
- Broken tibia and femur
- Ankle and foot injuries
- Cuts, lacerations, and road rash
- Soft-tissue injury and organ damage
- Vertebral and spinal cord injury
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No-Fault Coverage Applies to Bicycle Accidents in Islip
In New York City, if you are struck by a driver while riding a bicycle, your injuries will be covered under the motorist’s no-fault personal injury protection (PIP) policy.
PIP coverage applies to any pedestrian or cyclist who is injured as a result of a motor vehicle accident. The coverage is no-fault, so you don’t have to worry about demonstrating the driver’s negligence.
PIP coverage provides at least $50,000 for medical bills and lost income from missing work due to your injuries. However, it will not cover damage for pain and suffering or other non-economic losses. If the driver is uninsured, you can use your own auto policy’s uninsured motorist coverage to pay for your losses.
You Can Sue the Driver If Your Injuries Were Severe
PIP minimum coverage is $50,000, which is often not enough to fully pay for the significant injuries bicycle accidents can cause. However, if your injury meets a legal definition of “severe,” and the other driver was at fault, you can file a liability claim against them.
The benefit of an at-fault negligence claim is that you can claim damages for pain and suffering as well as for your explicit economic losses, like medical bills. This allows you to be compensated for a greater portion of your losses. A “severe” injury is one involving:
- Death
- Dismemberment
- Disfigurement
- Fractures
- Permanent loss of body part or system
- Loss of a fetus
- Impairment that keeps you from working
Comparative Negligence and Bicycle Accidents in New York
You can still sue if you were partially at fault for a bicycle accident in New York. However, the state’s comparative negligence laws will reduce your compensation based on the percentage of fault you share. For instance, if you are 30% at fault, any final award you receive would be reduced by 30%.
This rule is especially important for bicycle accidents, where several actions could be interpreted as partial liability. For instance, if you weren’t wearing a helmet and got a concussion, it could count against you in a lawsuit.
The structure of this system means you need to work with an experienced Islip bicycle accident lawyer. A lawyer can argue against claims of shared fault and help you recover money to the greatest extent legally possible.
How Long Do I Have to File a Bicycle Accident Lawsuit in Islip?
NY CPLR 214 gives you three years from the injury date to file a bicycle accident lawsuit in Islip. Once this three-year timer expires, you won’t be able to recover compensation through legal channels. The timer can be extended in cases where the injury victim is a minor or legally disabled.
Three years sounds like a long time, but evidence from bicycle accidents fades quickly. If you wait too long, it will be exponentially harder to link your injuries to your accident and the other party’s negligence. An Islip personal injury lawyer can promptly initiate your case, expediting claim timelines and avoiding delays.
Contact an Islip Bicycle Accident Lawyer at Chaikin Trial Group
Even a minor bicycle accident can cause lasting complications that disrupt your personal and professional life. You deserve a chance to recover your losses, and Chaikin Trial Group can be your advocate in that process.
We pride ourselves on our aggressive approach to getting things done and will use every tool and resource at our disposal to secure victory on your behalf.
Reach out online or by phone today to receive a free case consultation from a knowledgeable Islip bicycle accident lawyer.