Table of Contents
- How Is Negligence Proven After a Bicycle Accident in the Bronx?
- What Compensation Are You Entitled to in a Bicycle Accident Lawsuit?
- What if You Are Partially At-Fault in a Bike Accident?
- What Evidence Do You Need for Filing a Bike Accident Claim?
- What Is the Filing Deadline for Bicycle Accident Cases in New York?
- Schedule a Free Consultation With a Bronx Bicycle Accident Attorney
How Is Negligence Proven After a Bicycle Accident in the Bronx?
There are four key elements that you must prove to establish negligence in a bicycle accident:
- Duty: All drivers, whether operating a motor vehicle or a bicycle, must exercise reasonable care to avoid causing harm to others. In other words, drivers must operate their vehicles safely and obey traffic laws.
- Breach of Duty: A breach of duty occurs when a driver fails to maintain that standard of care. For example, running a red light or driving while distracted can breach that duty.
- Causation: It is necessary to demonstrate that the driver’s actions directly caused your injuries.
- Damages: You must provide evidence that you have suffered harm or damages due to the accident. This can include physical injuries, medical expenses, property damage, and pain and suffering.
What Compensation Are You Entitled to in a Bicycle Accident Lawsuit?
Our goal is to recover full and fair compensation for every client. Depending on your situation, this may include:
- Pain and Suffering: For physical and emotional distress.
- Medical Expenses: Past, current, and future treatment.
- Lost Wages: If your injuries prevent you from working.
- Loss of Enjoyment of Life: For limitations to your activities.
- Property Damage: For your damaged bicycle and gear.
- Out-of-Pocket Expenses: For transportation, home care, and more.
What if You Are Partially At-Fault in a Bike Accident?
Even if you are partly responsible for the bicycle accident, you can still get compensation. New York’s pure comparative negligence law allows you to seek money from the other driver or their insurance even if you are up to 99% at fault.
However, the other driver can also seek compensation from you or your insurance if they were hurt because of your negligence. Be aware that your compensation amount will be lower if you share a significant part of the fault.
Your percentage of fault will be calculated and deducted from your total damages, leading to a smaller compensation amount.
What Evidence Do You Need for Filing a Bike Accident Claim?
Having a variety of evidence helps build a strong case. Types of evidence you may gather for a bicycle accident include:
- Police Reports: Official reports help establish how the crash likely occurred and can identify insurers and witnesses.
- Eyewitness Statements: Witnesses may include the other driver, passengers, pedestrians, and anyone else who witnessed the accident firsthand.
- Photo and Video Documentation: This evidence may consist of surveillance footage from nearby businesses or homes and traffic camera recordings. Additionally, it can include photos or videos that document the injuries you sustained and the damage to your property as a result of the accident.
- Medical Reports: Medical bills and documents detailing the extent of your injuries can help determine the amount of economic and non-economic damages you may be entitled to receive.
Evidence can be difficult to obtain, so it’s important to consult with an experienced attorney to determine exactly what you need for your case.
What Is the Filing Deadline for Bicycle Accident Cases in New York?
Injured bicyclists typically have three years to sue the driver that hit them in New York. This timeline is established by New York’s personal injury statute of limitations. This means that you have three years from the date of your injury to file a lawsuit; otherwise, you risk losing the opportunity to seek damages. But this deadline can change depending on certain circumstances, such as whether you are pursuing claims against a local government employee or entity. For example, claims against a city or transit agency generally require a Notice of Claim within 90 days and a shorter time to sue—often 1 year and 90 days.
Because these rules are technical and strictly enforced, reaching out to a Bronx bicycle accident lawyer immediately after a crash is essential. Securing early legal representation plays a crucial role in preserving evidence, safeguarding your rights, and ensuring that all important deadlines are met. Acting swiftly allows you to maximize your chances of successfully filing a claim.
Schedule a Free Consultation With a Bronx Bicycle Accident Attorney
If you or a loved one has been injured in a bicycle crash caused by someone else’s negligence, contact Lever & Ecker, PLLC today. We will investigate your case and pursue the compensation available under New York law.
When you need a Bronx bicycle accident lawyer, contact us through our free online form or call (718) 933-3632.
