How Long Do I Have to File a Lawsuit After a Bicycle Accident?
Whether your accident stems from a motor vehicle collision or from striking a dangerous or defective condition in the roadway, you generally have three years after a bicycle accident to file a lawsuit. This time limitation is called the statute of limitations on bringing a personal injury lawsuit to recover damages for your medical bills, lost wages, and pain and suffering caused by your accident in New York.
However, some cases have shorter time limits and some require the filing of a Notice of Claim within as short a time as 90 days. While there are exceptions where the time to start the lawsuit may be extended such as injuries to minors or incapacitated persons, you need to know the correct time for filing your claim.
If you miss the deadline for starting your lawsuit, the law will prevent you from receiving any compensation at all that you would have deserved had you filed timely. In order to protect your rights, you should consult with an experienced personal injury attorney.
If your injuries were the result of negligence of The City of New York or other municipality or governmental authority such as the New York City Transit Authority or New York City Housing Authority, you must file a Notice of Claim within 90 days of your accident and make sure to file your lawsuit within one year and 90 days.
Another example of an exception to the three year statute of limitations involve accidents which lead to death. In such a case, you must bring your claim for wrongful death within two years.
You should not have to worry about losing your right to recover the fair and reasonable compensation you deserve. Speak to our lawyers today to protect your rights.
Types of Bicycle Accidents
While every case is unique, there are two main types of bicycle accidents which can give rise to a personal injury claim: bicyclists who are struck and seriously injured by motor vehicles and bicyclists who strike roadway conditions resulting in injuries.
Bicycles are vehicles, but unfortunately, they are not always treated that way by the cars, trucks, motorcycles, and buses with which they share the road. When a larger vehicle strikes a bicycle, it can result in serious injuries or even death for the cyclist.
If you were struck and seriously injured by a vehicle while on your bicycle, you generally have three years from the time of the accident to file a personal injury lawsuit unless that vehicle is owned or operated by The City of New York or other municipality, authority, State or U.S. Government. Contact a qualified lawyer to discuss the unique facts of your claim.
According to statistics from the New York City Department of Transportation (NYCDOT), a significant percentage of serious accidents in the city are caused by dangerous roadway conditions such as potholes and defective construction repairs.
Depending upon the unique facts of your case, you may be able to bring a claim against the party responsible for causing or creating that dangerous roadway condition or against The City of New York for permitting that condition to exist for an unreasonably long period of time.
For a free legal consultation, call (646) 692-0204
Proving Negligence in Bicycle Accidents
You generally have to show that the other party was negligent in order to recover compensation.
Negligence in Vehicle-Bicycle Accidents
Drivers can be shown to be negligent in several ways, but here are some common contributing factors that can lead to these accidents.
- Drunk or drug-impaired driving: Drivers who are under the influence may fail to notice a bicycle or fail to respond in time due to their dulled senses and reflexes.
- Fatigued driving: Drowsy drivers can have dulled senses and reflexes, similar to those of a drunk driver.
- Speeding: Drivers who are traveling above the speed limit may not be able to respond in time to avoid an accident with a bicycle
- Distracted driving: Drivers who are texting, chatting, messing with their GPS or radio, or doing anything else that might distract them are more likely to miss a bicyclist until it is too late to prevent an accident.
Negligence in Defective Roadway-Bicycle Accidents
In order to prove that another party was negligent for causing, creating or allowing the specific roadway defect to exist without repairing it in a reasonable amount of time, a careful and thorough investigation must be undertaken.
Your attorney will need to show that the other party was negligent through site inspection, public records searches, expert evaluation, sworn testimony and other records.
In order to protect your rights after any bicycle accident, never accept money at the accident site. This can make it more difficult for you to succeed in future lawsuits. If you have been involved in an accident, follow this simple advice to protect your rights:
- Contact the police and request a police report be completed
- Take photographs if possible of the scene
- Record the names of any witnesses
- Get medical attention immediately
- Follow all medical advice
- Do not post on social medial about the accident or your injuries
- Do not speak to any representatives on behalf of the at-fault party
- Speak to a lawyer as soon as possible
Can I Bring a Claim If I Was Partially at Fault
Even if you are not sure whether you have a claim or believe that you may be partially at fault for the accident that does not preclude you from recovering damages. In New York, even if you are partially at fault, you may still recover some compensation that was the result of the fault of another.
Contact the experienced and dedicated lawyers at Dansker & Aspromonte Associates to discuss your rights: (646) 692-0204
If you or someone you love has been seriously injured after a bicycle accident, contact Dansker & Aspromonte Associates today at (646) 692-0204. Our consultation is free, and if we agree to accept your case, you will not be required to pay us any money upfront.
We work on a contingency fee basis, which means that we only earn a legal fee when you recover compensation. Don’t delay. The sooner you call, the sooner we can begin to protect your rights and build a strong claim for you.
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