Bicycle accidents frequently occur when vehicle drivers are negligent in some way. Some drivers violate prevailing rules of the road, while others engage in distracted or intoxicated driving. However, bicycle accidents do not always result from driver negligence. These accidents sometimes happen when cities and municipalities fail to maintain their roadways, and a deep pothole or crack dislodges cyclists from their vehicles.
If you suffered injuries in a bicycle accident that resulted from someone else’s negligence, you want a team of lawyers on your side who regularly advocate for injured accident victims.
The experienced Long Island bicycle accident lawyers at Rosenberg & Gluck, LLP limit their practice to personal injury law only. We do not represent big insurance companies or their legal interests. In addition, we have assisted thousands of individuals who have suffered personal injuries in bicycle crashes that resulted from others’ negligence.
Our legal team will zealously fight for your rights when negotiating with the insurance company and pursuing the favorable compensation you deserve.
For a free case evaluation and legal consultation with a Long Island bicycle accident lawyer, please call us today. If you or your family speak Spanish, so do we.
For a free legal consultation with a bicycle accidents lawyer serving Long Island, call 516-451-7900
Table of Contents
- Compensable Damages in Long Island Bicycle Accident Cases
- Ways a Bicycle Accident Lawyer Can Help
- Retaining Medical Experts and Economists to Help You Prove Damages
- Filing a Claim with the Insurance Company
- Steps to Take Following a Bicycle Crash
- Contact a Long Island Personal Injury Lawyer Today
Compensable Damages in Long Island Bicycle Accident Cases
Bicycle riders are at a significant disadvantage. Unlike the occupants of cars and trucks, cyclists do not have a thick metal shell surrounding them when an accident occurs. The force of the impact may cause the rider to fall to the ground or onto another vehicle, sustaining severe injuries.
Victims of these Long Island bicycle crashes can recover various damages if they can prove the legal elements of their claim. Specifically, they will need to demonstrate that their accident occurred because another person acted unreasonably under the circumstances. In addition, they must show that they suffered at least one injury in their accident and that their injury directly resulted from the accident.
The damages that a bicycle crash victim can recover will depend upon various factors, including the extent of their injuries and whether or not they are permanent, and the circumstances surrounding their accident.
Common damages that bicycle accident victims can recover include compensation for:
- Past and future medical expenses
- Lost wages
- Pain and suffering
- Permanent disability
- Loss of spousal consortium
- Loss of life enjoyment
- Loss of use of a body part
- Loss of earning capacity
- Vehicle repair costs
- Burial and funeral expenses, in the event you lost a family member in a bicycle crash
These are just some of the damages that bicycle crash victims can recover in their personal injury cases. Accident victims can recover other damages depending upon their unique circumstances.
The experienced Long Island bicycle accident lawyers at Rosenberg & Gluck, LLP are in the best position to help you establish fault for the accident and determine which of these damages you might be eligible to recover in your case. We can then aggressively advocate for your legal interests and fight for your right to recover the damages you need.
Ways a Bicycle Accident Lawyer Can Help
Long Island Bicycle Accidents Lawyer Near Me 516-451-7900
Investigating Your Accident
Our experienced legal team knows how to successfully pursue a bicycle accident claim or lawsuit. First of all, we can investigate the circumstances surrounding your collision to help you prove the liability portion of your case. For instance, we can retain an accident reconstructionist or other expert who can review eyewitness testimony and police reports—and then piece together exactly how your accident occurred.
Finally, we may be able to obtain dash cam or traffic footage, as well as photographs of the accident scene, to help you prove that someone else was negligent.
Retaining Medical Experts and Economists to Help You Prove Damages
In addition, we can retain a medical expert to establish a causal connection between your bicycle accident and your injuries. In addition, a medical expert can state, to a reasonable degree of medical certainty, that you suffered a permanent injury in your accident that they do not expect to improve.
In some instances, we can speak with an economist who can account for all of your past, present, and anticipated losses.
Complete a Free Case Evaluation form now
Filing a Claim with the Insurance Company
New York follows a no-fault insurance system in motor vehicle and bicycle accident cases. This means that in many instances, we will be dealing with your own insurance company rather than the insurance company for the at-fault driver. However, determining fault and proving damages in your bicycle crash case is still essential. This is because in some instances, especially where an accident victim suffers serious injuries, the at-fault driver’s insurance company may need to become involved in your case.
Regardless of the insurance company, our legal team can help you file a personal injury claim for damages. The claims-filing process begins when we file a settlement demand package, including a demand letter, with the insurance company.
A settlement demand package includes pertinent documents that the insurance company will use to evaluate your claim. Those documents can include police and investigation reports surrounding the incident, eyewitness statements, medical treatment records, medical bills, lost wage statements, photographs of injuries, photographs of property damage, and a victim impact statement.
Upon receipt, the insurance company adjuster will review all this information and may make an offer to resolve your case via settlement. You should know that in most instances, these initial settlement offers are typically far less than the actual claim value. We will likely need to negotiate with the insurance company several times before they will increase their offer significantly.
Insurance companies will do everything to avoid paying you significant compensation for your claim. After all, insurance companies make money by collecting premium payments from their insureds. They lose money by paying out large personal injury settlements, arbitration awards, and jury verdicts.
Our legal team can zealously negotiate a favorable settlement offer with the insurance company on your behalf by highlighting the strengths of your case and downplaying any weaknesses. In addition, we can threaten litigation if the insurance company adjuster refuses to offer you the compensation that you deserve. Finally, our legal team can help you decide whether you should accept a pending settlement offer or consider litigating your case in court.
Filing a Lawsuit on Your Behalf and Litigating Your Case in Court
If the insurance company does not offer you fair monetary compensation for your injuries, we can litigate your case in Nassau County. Filing a lawsuit begins the litigation process.
Throughout the litigation process, we can assist you with answering written questions about your case, called interrogatories, and preparing you for your discovery deposition. We may also continue settlement negotiations, even while your case is in litigation.
If your case goes to a jury trial, we can represent you in court and aggressively advance your legal interests. In addition, at trial, we can raise objections to unfair motions or evidence that the defense attorney presents.
As an alternative to a jury trial, we can pursue alternative dispute resolution proceedings, such as mediation or binding arbitration, on your behalf. At mediation, a neutral, third-party mediator helps facilitate settlement discussions between the parties. During binding arbitration, the parties present their case to an arbitrator who decides the issue of damages.
We can help you decide which of these litigation tools best suits your needs and aggressively fight for the monetary compensation you deserve.
Statute of Limitations Deadline
Bicycle crash victims have a limited time in which to file a personal injury claim or lawsuit. Absent exceptional circumstances, crash victims only have three years from their accident date to file suit. If the bicycle accident results in a fatality, surviving family members only have two years from the accident date to file a wrongful death lawsuit. Finally, if a government-operated vehicle was involved in the bicycle crash, or if some other municipality caused the crash, you only have 90 days to file a notice of claim before filing suit.
Failing to file a timely claim or lawsuit can severely jeopardize your personal injury claim. If a bicycle crash victim files a personal injury lawsuit even one day after the three-year deadline expires, they can’t pursue monetary damages for their injuries. Therefore, involve a Long Island bicycle accident lawyer as soon as possible.
Our experienced legal team will file a prompt lawsuit on your behalf, well within the statute of limitations, safeguarding your right to recover monetary damages for your injuries.
Steps to Take Following a Bicycle Crash
There are several vital steps that bicycle crash victims should take as soon as possible after their accident. First, they should call 9-1-1 from the accident scene, if they are able, and report their accident to the proper authorities.
This way, the responding police officer can prepare an accident report which states:
- How the collision happened
- The collision date and time
- The identities of the parties involved in the crash
- Which party called 9-1-1
- Who caused the accident
- Whether or not the officer issued a citation—and if so, what it was for
Moreover, while you’re at the accident scene, you should never admit fault for the crash. If you do, the insurance company might deny your claim in its entirety. However, prepare to provide the liable insurance company with your name, insurance policy number, and other essential information.
Finally, keep records of all your losses, including copies of all medical bill receipts, and provide them to your attorney.
Bicycle Accident Injuries
The two Long Island counties have numerous dangerous roadways where bicycle accidents happen frequently. In Nassau County, dangerous roads include the Hempstead Turnpike, Conklin Street, and Fulton Avenue.
According to statistics from the TSTC, as of 2017, 256 area biking accidents and pedestrian crashes resulted in six deaths and 238 injuries. Moreover, Sunrise Highway—or New York State Route 27—is the deadliest location for both pedestrian and bicycle crashes in Nassau County during the 2017 reporting period. A total of 146 collisions and 11 fatalities occurred on this roadway.
Similarly, Suffolk County roadways have a reputation for dangerous drivers and severe bicycle accidents. According to TSTC crash reports, New York State Route 25 saw the county’s highest number of pedestrian and bicycle accidents. In total, there were 224 collisions which led to 206 injuries and nine fatalities.
According to TSTC, the highest number of fatal walking and biking crashes took place along State Route 110 in Suffolk County. In total, 141 collisions which led to 10 fatalities, occurred during the reporting period.
These bicycle accident victims in Long Island can suffer severe and debilitating injuries. These injuries include traumatic brain injuries, such as concussions and skull fractures. These injuries are widespread if the cyclist is not wearing a helmet at the time of their accident.
Moreover, if a cyclist falls in an accident, they can suffer a foot, ankle, or knee fracture. If they land on their back, they can suffer a spinal cord injury or some form of paralysis. Finally, accident victims can suffer muscular sprains, strains, and contusions which can lead to temporary disabilities.
Bicycle accident victims also frequently suffer internal injuries, including trauma to their pancreas, spleen, lungs, or bowels. They can also suffer various skin conditions, including bruises, road rash, and lacerations. No matter the circumstances, bicycle accident victims should seek prompt medical treatment for their injuries at a hospital
emergency room or urgent care center.
Talk with a Knowledgeable Long Island Bicycle Accident Lawyer Today
Don’t try to take on the insurance company alone. The experienced legal team at Rosenberg & Gluck, LLP is ready to assist you with every stage of your bicycle accident claim, from filing the claim with the insurance company to aggressively litigating it in court. For a free case evaluation and legal consultation with a knowledgeable Long Island bicycle accident attorney, please call us at (631) 451-7900 or contact us online.