If you sustained injuries in a bicycle crash, you quite likely are facing a constant stream of medical bills. You possibly have missed days or even weeks at work while you receive treatment for your injuries. The losses can prove overwhelming—especially as you struggle with the physical pain and suffering of your injuries.
Let a Rosenberg & Gluck, L.L.P. bicycle accident lawyer in Southampton work to recover your losses. We will investigate your crash, identify the at-fault party, file a claim against their insurance policy, negotiate a settlement, and, if necessary, take the matter to court and even trial where we will fight to recover compensation for your damages.
We work on contingency, meaning we only get paid if we recover compensation for you. Call us today at (631) 451-7900 for a free case review.
For a free legal consultation with a bicycle accidents lawyer serving Southampton, call 516-451-7900
Common Causes of Bicycle Crashes
In 2018, 857 bicyclists died from injuries sustained in traffic collisions, according to the National Highway Traffic Safety Administration (NHTSA). The agency reports that the number of crashes involving bicyclists or pedestrians has steadily increased since 2009. According to NHTSA’s Bicyclist and Pedestrian Safety, three overarching categories of issues contribute to these collisions:
Problematic driver behaviors include:
- Driving while distracted
- Driving at excessive speeds
- Ignorance of traffic laws
- Failure to follow traffic laws (not yielding, for example)
- Driving while intoxicated or under the influence
Bicyclists can also contribute to the occurrence of a crash with a motorist. For example, a bicyclist might:
- Fail to follow traffic laws (like traffic signals and signs)
- Not know relevant traffic laws
- Ride while intoxicated or under the influence
- Not take measures to make themselves more visible to motorists (lights or reflectors, for example), especially at night
Sometimes neither the motorist nor the bicyclist is totally to blame for a crash. Rather, some aspect of the infrastructure, as put in place by a local municipality, may have caused the collision. Examples of this type of problem include:
- Inadequate separation of motor vehicle and bicycle traffic
- Insufficient lighting
- Inadequate signage
- Lack of crosswalks
- Insufficient roadway visibility
If you suffered injuries in a bicycle crash caused by an infrastructure issue, you may be able to recover compensation from the municipality responsible for the problem that brought about the collision.
Southampton Bicycle Accidents Lawyer Near Me 516-451-7900
Types of Injuries From a Bicycle Crash
Bicycle collisions may not occur with the frequency that motor vehicle collisions occur. However, the injuries that result from bicycle incidents can be severe—and often fatal. A helmet is typically the only barrier that shields any part of the human body from the impact of a bicycle crash.
How “Duty of Care” Affects Your Pursuit of Compensation
Bicyclists have the same responsibilities on the road as do motorists. As mutual occupants of a roadway, both bicyclists and the people behind the wheels of their motor vehicles must take reasonable care to keep each other free from injury.
In terms of a civil action for compensation, this particular responsibility is known as a “duty of care.” Under the law, when a motorist violates the duty of care they owe you as a bicyclist, and this negligence causes a crash in which you suffer injuries, the motorist can be held liable for damages resulting from your injury. Even if you may be partly at fault for the accident, you can still recover compensation from a negligent motorist.
The same holds true for a government entity that is responsible for placing lighting, crosswalks, and signage on the roadways that bicyclists and motorists share. If they had a duty to act and they failed to do so, or they negligently caused a condition, you may be able to pursue compensation from said municipality.
Sometimes a motorist loses control of their vehicle because of a faulty or defective vehicle component. If a product defect caused the crash that caused your injury, you may be able to recover damages from the parts manufacturer, distributor, and/or retailer.
A Rosenberg & Gluck, L.L.P. bicycle accident lawyer from Southampton can investigate your bicycle crash to identify the party responsible for your injuries and build a case aimed at getting them to assume accountability for your losses. Call our firm today for a free consultation and case review: (631) 451-7900.
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Building Your Case with Evidence
When you hire our firm to recover damages from your bicycle crash, we start building your case the right way—on a bedrock of evidence.
The evidence gathering begins with an investigation of how the collision happened. This evidence is how we will identify the at-fault party and establish their negligence—which is essential to recovering damages.
To obtain this evidence, our legal team will:
- Visit the scene of the collision
- Obtain a copy of the police accident report
- Interview eyewitnesses
- Review photos and surveillance videos
Our lawyers will also construct the other elements of your case, which require that we prove damages. Toward this end, we will:
- Gather your medical records
- Obtain wage statements from your employer
- Seek expert opinions on the injury’s impact on your employability, and your physical and emotional well-being
With this information, we can approach the at-fault party’s insurer with a demand letter seeking compensation for your losses.
Possible Damages You Could Recover
Every bicycle crash is different—different causes and different injuries. Your lawyer will need to review all the evidence in your case before they can calculate the value of your claim.
However, we can tell you some of the common types of damages sought in bicycle crashes, which include:
- Medical expenses
- Lost income and benefits
- Pain and suffering
Our firm will fight to get you the compensation you deserve.
Get Started on Your Case Today
The state of New York has measures in place to protect the rights of bicycle crash victims. However, New York Civil Practice Law & Rules § 214, the state’s statute of limitations, gives you generally around three years from the date of your collision in which to file a legal action. For wrongful death actions, you are generally limited to two years from the date of death. However, if you are suing a government entity, you will have even less time to act.
The sooner you hire a bicycle accident lawyer in Southampton, the sooner they can get to work building your case. Call Rosenberg & Gluck, L.L.P. today at (631) 451-7900 for a free consultation.
Our staff can assist clients in both English and Spanish.