What makes bicycle accident claims unique? Is there anything particularly challenging about them?
Bicycle accident claims in New York are certainly unique and often more challenging than your typical motor vehicle accident.
More specifically, bicycle accident claims are unique in that New York has defined laws that apply to bicyclists, as set forth in the Vehicle and Traffic Law (VTL), such as requiring bicyclists to ride with traffic, refrain from riding on sidewalks with certain exceptions, and adhere to traffic signals. Drivers also have certain legal obligations, such as passing bicyclists at a safe distance. Violations of these laws by either a bicyclist or driver can impact fault for the collision.
Further, bicyclists can become injured by defective road conditions or infrastructure, such as potholes, road debris, poorly designed or maintained bicycle lanes, and construction zones. In these instances, a government agency or municipality may be the responsible party. These types of claims have very strict deadlines, including that a document called a Notice of Claim must be served on the agency or municipality within 90 days of the incident.
Ultimately, bicycle accident claims are highly specialized with specific laws and high stakes due to the potential for severe injuries. It is generally a smart move to retain a lawyer who understands the nuances of these claims and can zealously advocate for you or your injured loved one.
What should people look for in a bicycle accident lawyer?
When looking for a bicycle accident lawyer, it is important to focus on a few key things, including the lawyer’s experience with bicycle accidents, knowledge of New York laws, and communication. Specifically, it is advisable to hire an attorney who specifically handles bicycle accident cases, who will understand the unique laws and nuances involved in prosecuting your case.
It is also advisable to seek an attorney who is well-verse in the New York traffic law, who is able to explain the law to you and guide you through the process of investigating your claim and potentially starting a lawsuit. Finally, seeking an attorney who communicates clearly and keeps you in the loop is paramount. Bicycle accident cases can provide their own unique set of challenges, and it is important that the lawyer you choose to represent you is someone you can communicate with openly and trust to guide you in the right direction.
What should you bring to an initial consultation for a bicycle accident claim?
When you meet with a lawyer for the first time after a bicycle accident, it is important to bring anything related to the accident, including reports, photos, videos, witness statements and any contact information, and any other evidence that will help the lawyer understand how the accident occurred and who may be responsible for your injuries.
If you do not have all of this information, do not worry! Just bring what you can. If after the initial consultation you decide to hire the lawyer to represent you in your bicycle accident claim, the lawyer and their team can investigate on your behalf, by hiring an investigator or other expert.
What are clients often surprised by in bicycle accident cases?
Clients who have been injured in a bicycle accident are often surprised at how aggressively an at-fault driver’s insurance company will try to blame the bicyclist for an accident, even where the driver was clearly at fault. They do this because New York practices comparative negligence, which means that an injured party can be assigned a percentage of fault for an accident, and their compensation is then reduced by their percentage of fault. Clients are also surprised at how long some cases can take. It depends on the specific circumstances, but medical treatment (especially for significant injuries), investigation, negotiation with the insurance company, and litigation in instances where a lawsuit is commenced, can cause a case to go on for some time.
