Yes, you can sue someone personally after a bicycle accident. For your lawsuit to be successful, you will need to prove that you were seriously injured and suffered economic damages because another party acted negligently..
Most New York bicycle accident claims are settled without a jury verdict, per the American Bar Association. Accordingly, you may be able to resolve your case through a settlement with the party or parties who caused your injuries..
However, if the parties refuse to accept responsibility or offer you a fair settlement given all of your injuries, you may need to present your case in front of a jury at trial in Court.A New York bicycle accident lawyer could help you understand and protect your rights..
Possible Liable Parties in a Bicycle Accident Case
There are many different kinds of bicycle accidents. The most common type of bicycle accident involves a collision between a bicyclist and a motor vehicle. In such a case, a potential claim against the owner and operator of the motor vehicle that struck the bicyclist may be brought.
Another type of bicycle accident however can result from a dangerous or defective roadway condition such as a pothole or construction debris. In order to protect your rights, it is imperative to contact a qualified and experienced lawyer immediately after your accident.
There are many benefits to retaining a lawyer to represent you in your bicycle accident claim. Our lawyers can investigate your claim, protect your rights and fight to recover maximum financial compensation so that you can focus on your own recovery. If you have been involved in a bicycle accident, follow this simple advice:
- Call 911 and report the accident to the police
- Take photographs of the scene or the roadway condition that caused the accident
- Request medical attention or obtain a medical evaluation as soon as possible
- Obtain the names and contact information of any witnesses
- Do not post on social media about the accident
- Refrain from making any statements to representatives of the at fault party
- Contact a lawyer to discuss your rights
Your Time to File a Bicycle Accident Claim Is Limited
After you have sustained serious injuries in a bicycle accident, you have limited time to bring a claim against the party or parties responsible for the accident. In New York, you generally have three years to bring a claim but this deadline is limited in certain cases.
For example, if you have been injured after striking a roadway defect, you may be required to file a Notice of Claim with The City of New York or other municipal organization within 90 days of your accident. If you fail to file in a timely manner, your claim may be barred and you will not be able to recover the compensation you deserve.
For this reason, do not delay speaking to a lawyer immediately after your accident. There are many benefits to consulting a lawyer as soon as possible so that the lawyer can answer your questions, guide your conduct throughout the process, manage the collection of evidence that proves the fault of others and the full extent of your injuries, file all claims in a timely manner, and build a strong claim for maximum recovery.
For a free legal consultation, call (212) 732-2929
We Will Manage the Evidence Collection Process
The sooner you consult with our team of lawyers, the sooner we can begin to gather the evidence that proves fault and establishes the full extent of your injuries. Without evidence, you will not be able to fully support your claim. Some of actions we will take may include:
- Obtain all police or incident reports
- Conduct a site inspection
- Gather photos of the accident location, roadway defect and your injuries
- Retain an expert in accident reconstruction or roadway construction
- Request all medical records and diagnostic test results
- Interview witnesses
- Secure video footage of the accident
- Consult medical experts
- Compile employment and other economic records to prove your damages
We Will Evaluate the Full Value of Your Damages
If the evidence shows that your serious injuries were the result of the fault of another, New York law entitles you to fair and reasonable damages for each and every type of damage you sustained. Every case is unique, but generally some of the types of damages you may recover include the following:
- Pain and suffering for all physical and emotional injuries
- Medical bills
- Lost wages and loss of future earning capacity
- Future pain and suffering for all injuries deemed permanent
Depending on the extent of your injuries and the facts of your case, you could recover money for other losses not included here.
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Dansker & Aspromonte Associates Will Fight for You
Since 1988, Dansker & Aspromonte Associates has been serving bicycle accident victims in Brooklyn, the Bronx, Queens, Manhattan, Staten Island, and Suffolk and Nassau counties. We have recovered over $450 million for our clients.
Some of our success stories include:
- $6.25 million recovered for a delivery man on a bicycle who was hit by a van
- $3.3 million secured for a woman who hit a pothole while riding her bicycle
- $2.4 million for a porter who hit a NYC Traffic device in the road on his bicycle
Our lawyers are ready to help you. Call us today at (212) 732-2929 for a free consultation. If we agree to accept your case, you will not be required to pay us any money upfront. We only earn a legal fee when you recover compensation.