.app { display: none; }

New York Personal Injury Lawyers

We Speak Español &

How Long Do I Have To File A Lawsuit After A Bicycle Accident

/

/

How Long Do I Have To File A Lawsuit After A Bicycle Accident

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. 

Vehicle-Bicycle Accidents

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.

Pedestrian-Roadway Accidents

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 (212) 732-2929.

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 these simple tips 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 LLP to discuss your rights: .

Proving Your Bike Accident Case

It does not matter whether you are filing an insurance claim or a lawsuit in court—you will have to prove your bicycle accident case in order to win compensation. Proving your case means three things: proving fault, proving your injuries, and proving your damages. Evidence must be gathered and used to prove your case.

Evidence that could be used to prove a bicycle accident case:

  • Medical evidence
  • Photo evidence
  • Video footage of the accident or accident scene
  • Expert witness testimony
  • Eyewitness testimony
  • Physical evidence 
  • Documentation
  • Police reports or accident reports

You do not have to gather this evidence all by yourself. You do not have to file a claim or lawsuit by yourself. A lawyer can take on your case and help you get through the entire process.

Complete a free case evaluation form now.

A Lawyer Can Help You File an Injury Claim in New York

You do not always have to go to court for a bicycle accident. You may be able to win a settlement through an insurance claims procedure, which can speed up the process, can be less stressful for many injury victims, and could be more convenient for you. 

If you are worried about the injury claims process or about going to court, reach out to Dansker & Aspromonte Associates LLP to discuss your case with a legal team member in a free case evaluation. We won $6.25 million for a bicycle injury victim who suffered serious injuries when the insurance company failed to offer a fair amount of compensation during negotiations.  Our New York bicycle accident lawyers want to help you too.

Call (212) 732-2929 today. Our law firm serves Manhattan, Brooklyn, the Bronx, Queens, Staten Island, and Nassau and Suffolk Counties.  If you have been seriously hurt in a bicycle accident, call us without delay.  There are deadlines that limit your rights.  Failure to bring your claim by these deadlines may prevent you from getting the compensation you deserve. 

Call or text (212) 732-2929 or complete a free case evaluation form.

View Our Results

Read Our Reviews

Explore Our Resources

Work With Our Team

Contact Dansker & Aspromonte Associates LLP Today

If you or someone you love has been seriously injured after a bicycle accident, contact Dansker & Aspromonte Associates LLP today at (212) 732-2929. 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.

Call or text (212) 732-2929 or complete a free case evaluation form.

“Your ability speaks for itself and you worked meticulously with all of your heart and conscientiousness.”

“Your ability speaks for itself and you worked meticulously with all of your heart and conscientiousness.”

Proven Record of Success

Dansker & Aspromonte Associates LLP has been advocating for the rights of the injured since 1986. We have the tools, resources, knowledge, and commitment to get you the best possible outcome.

Providing Answers & Solutions

Our team is committed to always being able to provide you with updates on your case and answers to your questions. This is your case and we want to be sure you are confident every step of the way.

Small Firm Dedication & Focus

Our firm is different from most firms in our area in that we are a “boutique” type firm that is small enough to give personal attention to our clients and yet experienced and powerful with a reputation as a hard-hitting litigation firm.

Innovative Legal Strategies

Each client that comes to our team gets a managing partner and trial partner dedicated to their case. We put our collective 100 years of experience behind your case to obtain the best possible outcome on your behalf.

Let Our Team Handle Your Case with Confidence

Contact Our Team Today

Proven Record of Success

Dansker & Aspromonte Associates LLP has been advocating for the rights of the injured since 1986. We have the tools, resources, knowledge, and commitment to get you the best possible outcome.

Providing Answers & Solutions

Our team is committed to always being able to provide you with updates on your case and answers to your questions. This is your case and we want to be sure you are confident every step of the way.

Small Firm Dedication & Focus

Our firm is different from most firms in our area in that we are a “boutique” type firm that is small enough to give personal attention to our clients and yet experienced and powerful with a reputation as a hard-hitting litigation firm.

Innovative Legal Strategies

Each client that comes to our team gets a managing partner and trial partner dedicated to their case. We put our collective 100 years of experience behind your case to obtain the best possible outcome on your behalf.

Proven Record of Success

Dansker & Aspromonte Associates LLP has been advocating for the rights of the injured since 1986. We have the tools, resources, knowledge, and commitment to get you the best possible outcome.

Providing Answers & Solutions

Our team is committed to always being able to provide you with updates on your case and answers to your questions. This is your case and we want to be sure you are confident every step of the way.

Small Firm Dedication & Focus

Our firm is different from most firms in our area in that we are a “boutique” type firm that is small enough to give personal attention to our clients and yet experienced and powerful with a reputation as a hard-hitting litigation firm.

Innovative Legal Strategies

Each client that comes to our team gets a managing partner and trial partner dedicated to their case. We put our collective 100 years of experience behind your case to obtain the best possible outcome on your behalf.

Let Our Team Handle Your Case with Confidence

Contact Our Team Today