The financial fallout of a bike crash can be overwhelming. If you were injured while cycling, an Oyster Bay personal injury lawyer can help you obtain a fair settlement.
Chaikin Trial Group Personal Injury Lawyers has recovered over $100 million for our clients. If you were hit by a negligent driver, a bicycle accident lawyer in Oyster Bay from our team can help you file a claim and pursue compensation.
How an Oyster Bay Bicycle Accident Lawyer Can Help
An Oyster Bay bike accident lawyer focuses on protecting your interests and positioning you for the strongest possible outcome for your claim.
They do so by:
- Investigating the crash: An attorney can collect police reports, traffic camera footage, photos from the scene, and witness statements to build a clear picture of how the accident occurred and who was responsible.
- Calculating your damages: A lawyer can evaluate your medical bills, lost income, future treatment needs, and non-economic losses to make sure nothing is overlooked in your claim.
- Handling insurance communications: An attorney can deal directly with insurance adjusters and prevent them from using your statements against you or pressuring you into a low settlement.
- Preparing your case for trial: If necessary, an Oyster Bay bike crash lawyer can get your case ready for trial and provide representation.
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Types of Compensation Available in Bicycle Accident Claims
A bicycle accident claim is meant to compensate you for both financial losses and the personal toll of the incident. Types of damages may include:
- Medical expenses: You can recover compensation for emergency care, hospital stays, surgery, physical therapy, and any future treatment you will need.
- Lost wages: You can be reimbursed for income you lost while recovering and for reduced earning capacity if your injuries affect your ability to work.
- Pain and suffering: You can receive compensation for the physical pain, emotional distress, and reduced quality of life caused by the accident.
- Property damage: You can be paid for the repair or replacement of your bicycle and any damaged gear.
- Punitive damages: You can be awarded additional compensation if the driver’s conduct was especially reckless or intentional.
An Oyster Bay bicycle accident attorney can help make sure none of your losses are minimized or overlooked.
What Is the Time Limit for Filing a Bicycle Accident Claim in New York?
Per NY CPLR § 214, you typically have three years from the date of a bicycle accident to file a personal injury lawsuit. If a government entity is involved, such as a city road hazard or a government-operated vehicle, you can be required to file a Notice of Claim within 90 days.
An Oyster Bay bike wreck lawyer can help you file your claim promptly.
Who Is At Fault in a Bicycle Accident Case?
Fault is often the most contested issue in bicycle accident claims. Drivers frequently argue that cyclists were riding unsafely or violating traffic laws, even when they weren’t.
Fault may be established by showing that a driver:
- Failed to obey traffic signals or signs
- Did not yield the right of way
- Was distracted or impaired
- Passed too closely or drove aggressively
New York enforces a pure comparative negligence system, meaning you can still recover compensation if you were partially at fault. However, your recovery will be reduced by your percentage of fault.
Common Causes of Bicycle Accidents in Oyster Bay
Bicycle accidents happen for many reasons, but most involve driver negligence. Some of the most common causes include:
- Failure to yield: Drivers turning left or right often fail to yield to cyclists traveling straight through intersections.
- Distracted driving: Texting, adjusting GPS systems, or other distractions can cause drivers to overlook cyclists entirely.
- Unsafe passing: New York law requires drivers to leave sufficient space when passing a cyclist, but many pass too closely.
- Speeding: Excessive speed reduces reaction time and increases the severity of injuries when a collision occurs.
- Opening car doors: “Dooring” accidents happen when a driver or passenger opens a car door into a cyclist’s path.
- Driving under the influence: Alcohol or drug impairment significantly increases the risk of serious bicycle crashes.
What to Do After a Bicycle Accident in Oyster Bay
What you do after a bicycle accident can have a major impact on your ability to recover compensation. You should:
- Call the police: A police report creates an official record of the crash and can be valuable evidence in your case.
- Document the scene: Take photos of your injuries, your bicycle, the vehicle involved, and the surrounding area.
- Get witness information: Names and contact details of witnesses can be crucial if fault is disputed later.
- Seek medical attention: Even if your injuries don’t seem serious, some conditions worsen over time. In addition, your medical records will be important for your claim.
- Avoid discussing fault: Do not apologize or make statements that could be interpreted as accepting blame.
- Get help from a lawyer: The sooner an Oyster Bay bike accident attorney steps in, the stronger your case will be.
Talk to a Bicycle Accident Attorney in Oyster Bay
If you have been searching for an “Oyster Bay bicycle accident lawyer near me,” Chaikin Trial Group Personal Injury Lawyers has you covered. An attorney from our team can handle every part of your claim and fight for a fair settlement while you focus on recovering from your accident.
Schedule a free consultation to get help with your claim.