Stephen Bilkis
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New York Bike Accident Frequently Asked Questions

I was in an accident and crashed my bike. What if my injuries weren’t serious?

Never underestimate a sore back, or a head injury. We often see cases where clients were injured much more seriously than they originally thought. It is always wise to play it safe with your health, and seek medical attention after an accident.

What if the accident was partially caused by a problem with my bike?

If your bike malfunctioned, broke apart or the brakes failed for instance, you could have a claim against the manufacturer.

What should I do if I have been injured in a bike accident?

First seek medical attention. Call the police and complete a police report. Use your cell phone to take pictures of the scene of the accident and your injuries. Write down your memories and perceptions about the accident. If possible, talk to witnesses and obtain their contact information.

What if I am injured in a hit and run accident?

Unfortunately, these are all too common. If you have been involved in a hit and run accident, call the police immediately. If you lack enough identifying information to determine who hit you, you may be able to make a claim on the uninsured motorist provision of your auto policy. It is important to note that often these policies require that you report the incident within 24 hours of the accident.

What are my rights and responsibilities as a bicyclist?

Bicyclists have the same rights and responsibilities as automobiles on the road. Take note that this means that a bicyclist is required to the same rules of the road as a motor vehicle.

What if a driver didn’t actually hit me, but caused me to crash?

If it can be proven that the driver’s negligence caused your accident than you could have a claim.

What can I recover if my claim is successful?

You can be compensated for medical expenses, lost wages, pain and suffering, and loss of future income.

How much is my claim worth?

It will depend on various factors including:

  • The nature and severity of your injuries;
  • Your medical expenses;
  • Whether you missed work or will in the future;
  • Whether you have any long-term disabilities.
Who can I sue for my bike accident?

Negligent drivers;

Negligent manufacturers, retailers & distributors of bikes, bike parts, and accessories;

Negligent city, county, and state entities for their responsibility to keep the roads maintained;

Negligent property owners who created a dangerous condition.

What are some safety precautions I can take?

Wear a helmet. This should be non-negotiable and can save your life;

Wear light colored, reflective clothing;

Use hand signals so your motions can be anticipated by motorists;

Follow all traffic laws.

If the insurance company for the other party to the accident calls me, should I speak with them?

It is usually suggested that talk to a lawyer first. They can be very nice on the phone, but it is important to always remember they are not on your side. It is their job to minimize your claim. It’s a good idea to get their contact information and forward it to your lawyer to handle.

Do I need a lawyer to handle my case?

Yes. As with any accident, there are important details to your case that can be missed. Dealing with insurance companies can be tricky, and they will usually offer you an amount of compensation that will not cover your expenses. Having been in an accident, you could be dealing with serious injuries and are unable to support your family. It is a time where it is important that your legal rights are protected, and you receive the best possible chance of recovery.

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