A Brief Summary of the Following Article
Bicycling through the bustling streets of New York City or the picturesque landscapes of the state is a fun and environmentally friendly mode of transportation. However, when drivers and cyclists share an often crowded road, it can lead to unfortunate bicycle accidents, injuries, and emotional turmoil.
At Lever & Ecker, PLLC, our experienced Ossining bicycle accident attorneys specialize in bicycle accident claims and have a deep understanding of the intricate legal framework that is involved. We have the knowledge and expertise to navigate the complexities of liability, gather essential evidence, negotiate with insurance companies, and advocate fiercely for your rights should a trial become necessary. Do not face the aftermath of a bicycle accident alone; let us be your advocates in seeking the justice and compensation you deserve. Contact Lever & Ecker, PLLC, today.
Bicycling is a popular and eco-friendly mode of transportation in New York, offering the opportunity to explore the city’s bustling streets while reducing the environmental footprint. However, sharing the road with motor vehicles can sometimes lead to bicycle accidents, resulting in injuries and emotional distress. When these accidents occur, it is vital to understand the complex web of liability and legal aspects involved in pursuing a bicycle accident claim in New York.
Determining liability in bicycle accidents is a fundamental aspect of pursuing a claim. Several parties can be held liable in the event of a bicycle accident:
In many cases, the primary liable party is the driver of the motor vehicle involved in the accident. Drivers have a duty of care to share the road safely with cyclists. When a driver’s negligence causes a bicycle accident, he or she can be held liable for the resulting injuries and damages.
In cases where road hazards or poor maintenance cause or contribute to an accident, the responsible municipality or local government agency may be held liable. This could involve issues like poorly maintained roads, inadequate signage, or hazardous road conditions.
If a defective bicycle or bicycle component contributes to the accident, the manufacturer or distributor of the faulty product could be held liable. This includes cases where a bicycle part, like brakes or tires, malfunctions, leading to an accident.
In accidents involving private property, such as parking lots or driveways, the property owner may be held liable if their negligence, which can include things such as inadequate lighting or unsafe conditions, played a role in the accident.
Understanding the legal framework is essential for successfully pursuing a bicycle accident claim in New York. Several laws and regulations are of particular importance:
New York operates under a “no-fault” insurance system for motor vehicle accidents. With respect to accidents between motor vehicles and bicycles, the insurance company for the involved vehicle will be responsible to cover medical expenses and lost wages for the bicyclist, regardless of who was at fault for the accident. However, to pursue a lawsuit for injuries, the bicyclist must establish they suffered serious injuries as defined under New York’s Insurance Law.
New York follows a comparative negligence rule. This means that if the cyclist shares some degree of fault for the accident, their compensation may be reduced proportionally in their lawsuit against the driver. It is crucial to work with an attorney who can determine liability accurately.
Victims of bicycle accidents have a limited time to file a personal injury lawsuit in New York. The statute of limitations for personal injury claims is typically three years from the date of the accident, although this deadline may be much shorter in certain circumstances, particularly those involving municipalities or other public entities. Missing the appropriate deadline will result in losing the right to seek compensation.
To navigate the complexities of liability and the state’s specific legal regulations, victims need to be well-informed and, in many cases, seek the assistance of a skilled personal injury attorney. Identifying the liable parties and understanding the applicable laws is the first step toward pursuing a successful bicycle accident claim. It is essential to ensure that your rights are protected and that you have the best chance of receiving deserved compensation for your injuries and damages.
Bicycle accidents in New York can be both physically and emotionally taxing, often leaving victims to face a challenging road to recovery. Understanding the liable parties and navigating the state’s complex legal landscape is crucial in the pursuit of justice and compensation after a bicycle accident. This is where an experienced Ossining bicycle accident lawyer becomes an invaluable asset.
One of the key roles of an Ossining bicycle accident lawyer after a bicycle accident is to represent victims and navigate the intricate legal framework of New York. Attorneys are well-versed in the nuances of the state’s “no-fault” laws, serious injury requirements, comparative negligence rules, and statutes of limitations. They ensure that the legal process is properly followed, representing victims to protect their rights and interests.
Attorneys have the resources and expertise to identify and retain expert witnesses who can provide professional analysis and testimony to support the victim’s case. This may include medical experts to explain the extent of injuries or accident reconstruction specialists to establish liability.
Attorneys work to gather all relevant evidence, including accident scene documentation, witness statements, medical records, and other documentation, to create a strong case. They leave no stone unturned to ensure their clients’ claims are well-supported.
Insurance companies often aim to settle claims for the lowest amount possible. Personal injury attorneys are skilled negotiators who can handle communications with insurance adjusters on behalf of the victim. They work diligently to secure deserved compensation, covering injuries (including surgeries where applicable), medical expenses, lost wages, and other damages, ensuring that the insurance company does not take advantage of the victim.
While many bicycle accident cases are resolved through negotiation, there are instances where an appropriate settlement cannot be reached. In these circumstances, attorneys are prepared to take the case to trial should trial become necessary. They meticulously arrange the case, examine potential witnesses, and present a compelling argument in court to fight for the victim’s rights and maximize compensation.
Bicycle accidents can be both physically and emotionally daunting, but understanding the liable parties and navigating the state’s intricate legal landscape is essential to seeking justice and compensation. Remember, you do not have to face the complexities of a bicycle accident claim alone.
The seasoned attorneys at Lever & Ecker, PLLC, stand firmly by the side of train accident victims in the Bronx and surrounding regions. With a proven track record of achieving positive results, we are poised to leverage our expertise and determination to champion your cause. Our Ossining bicycle accident lawyers are unwavering in their pursuit of securing the compensation you rightfully deserve, and we will not hesitate to take your case to court if it means safeguarding your best interests. Do not wait any longer; for a complimentary consultation with a skilled attorney, dial (718) 933-3632 or (914) 288-9191, or fill out our contact form immediately.
Tragic bus collision involving pedestrian in crosswalk, causing catastrophic injuries which ultimately resulted in pedestrian’s wrongful death two weeks later. Lever & Ecker, PLLC, was able to obtain $12 million in compensation on behalf of the pedestrian’s surviving family. Not only was this settlement (the specific terms of which are confidential) one of the largest personal injury settlements in New York in 2020, we were able to resolve the case at an early stage, allowing the family to obtain a measure of closure and avoid the trauma of reliving the experience in court.