Understanding Contributory Negligence Law in New York
The damages you may be eligible to receive can help you treat and cope with your injuries after getting hit while riding your bike. Therefore, it is important to include in your claim any past, present, and future costs and losses. It is wise to keep all medical records, police reports, receipts, and the like so your attorney can properly value your injury claim. Additionally, these items are pieces of important evidence that can support your claim for compensation from the liable party.
Damages you may be able to receive for your bicycle collision on Long Island can include:
- Hospital bills
- Doctor bills
- Reimbursement for your damaged bike
- Special medical equipment
- Current and future lost wages
- Loss of quality of life
- Pain and suffering
The state’s negligence laws may play a part in how much compensation you are able to receive. According to CVP §1411, New York follows a contributory negligence law. This means awards are given based on the percentage of fault. Therefore, if you are found to be partially liable for your bicycle crash or injuries, the amount of your settlement or award can be reduced by your percentage of fault.
This is important to keep in mind as the insurance company and defendant’s legal team may try to investigate you to reduce the amount of settlement or award you may be entitled to. This even includes searching social media to find ways they can downplay your injuries. For example, if you are claiming you suffered a back injury in your bicycle crash, but they find a photo of you lifting a heavy object, they may use this against you. Your injury attorney can advise you further on what to do and avoid.