Yes, you can sue someone personally after a bicycle accident if you suffered serious injuries due to the fault of another. For your lawsuit to be successful, you will need to prove that you were injured and suffered economic damages because another party acted unsafely resulting in your injuries.
Most New York bicycle accident claims are settled out of court, per the American Bar Association (ABA).
In many instances, however, the responsible party will deny fault or offer you an unreasonably low sum of money to settle your claim. In that case, you have the right to sue the at-fault party in Court. A New York bicycle accident lawyer could help you fight for the compensation you deserve.
Possible Liable Parties in a Bicycle Accident Case
Bicycle accidents can result from a wide variety of circumstances. The most common type of bicycle accident case results from a collision with a motor vehicle on the roadway. In motor vehicle collision cases, the at-fault party or parties could include the vehicle driver, the vehicle owner, an employer, or even a vehicle manufacturer or repair shop if the incident resulted from a vehicle defect.
Other types of bicycle accident cases involve bicyclists striking roadway defects such as potholes and trenches. In those instances, bicyclists may have the right to bring a claim against a construction company, a utility such as Verizon or Con Edison, or the City of New York, among other parties. Each case is unique and based upon the facts in your case.
If you were seriously injured in a bicycle accident, contact an experienced personal injury lawyer to protect your rights. Working with a lawyer can alleviate many of the stressors you may feel as you consider legal action, answer your questions and help you recover maximum compensation for your injuries and damages.
What You Should Do Immediately Following a Bicycle Accident
The actions you take following a bicycle accident can significantly impact the strength of your claim. If you were seriously involved in a bicycle accident, take these steps to protect your rights:
- Call the police
- Request medical attention at the scene
- Record the names and contact information of any witnesses
- Take photographs of the scene of your accident or have someone take them
- Follow up with medical providers to document your injuries
- Do not give any statements to representatives of the at-fault party
- Do not post on social media about your accident or injuries
- Contact an experienced lawyer immediately to discuss your next steps
The sooner you consult a lawyer, the better. When you contact the team at Dansker & Aspromonte Associates for a free consultation, we will evaluate your case, answer your questions and advise you on how to protect your rights to maximum compensation for your injuries. If we agree to accept your case, our lawyers will perform a thorough investigation of your claim, gather and preserve evidence, and build a strong claim against the at-fault party or parties.
Some of the actions we may take include:
- Obtaining all police or incident reports
- Conducting a site inspection of the place of your accident
- Securing all video footage, if available
- Performing a search of all roadway records
- Retaining experts in accident reconstruction
- Interviewing witnesses
- Gathering all medical records
- Hiring medical experts to evaluate your injuries and permanency
- Computing lost wages or out of pocket medical expenses due to your injuries
- Demand sworn testimony of all at-fault parties
- Preparing your claim for trial before a jury in Court, if necessary
You May Be Entitled to Substantial Compensation
If the evidence shows that you sustained injuries as the result of the fault of another party or parties, New York Law entitles you to demand fair and reasonable compensation for each and every type of injury you sustained. Though every case is unique and based upon the individual facts and circumstances presented, you may be entitled to compensation for the following:
- Pain and suffering and loss of enjoyment of life as the result of any physical or emotional injuries caused by the accident
- Reimbursement for all past and future bills for medical or hospital care
- Lost wages and loss of future earning capacity
- Future pain and suffering for all injuries deemed to be permanent in nature
Depending on the extent of your injuries and the facts of your case, you could recover money for other losses not included here.
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
Contact Our Attorneys Today
Call today to discuss whether you can bring a claim after a bicycle accident. The consultation is free and 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.
Don’t delay however as there are deadlines that limit your rights. If you fail to bring your claim before the expiration of the deadline, you could be prevented from recovering the compensation you deserve.