New York cyclists are fortunate enough to have miles of Bronx bicycle paths where they can travel safely and not be concerned about automobile traffic. However, many people use their bikes for running errands or heading to school or work. When they do this, they must venture out onto roads filled with traffic, and in those congested environments, bicycle accidents can happen.
If a motorist carelessly injured you in a bicycle accident, you should contact a bicycle accident attorney to discuss your legal rights. You may be eligible to bring a personal injury lawsuit to rqeuest payment for your losses. When you become one of New York City's many bicycle accident victims with serious injuries, reach out to a Bronx bicycle accident attorney to help you recover the compensation you deserve.
To schedule a free consultation with a compassionate and dedicated Bronx personal injury lawyer, call Attorney Ivan M. Diamond at (718) 588-2000 or contact him online.
Causes of Bicycle Accidents
The causes of Bronx bicycle accidents are not that different from those involving cars, trucks, and other vehicles on the road. Here are some of the leading causes of bicycle accidents in the NYC area:
- Human error—The leading cause of bicycle accidents is motorist, cyclist, or pedestrian confusion. However, failure to yield was also responsible for nearly 1,500 bike accidents, and distractions caused an additional 1,400. In total, human error was responsible for almost 5,000 bicycle accidents in a recent year.
- Mechanical error—Regardless of how carefully owners maintain their bikes or automobiles, sometimes things go wrong, and an operator loses control. In some cases, there could be a manufacturing error, a repair error, or a lack of proper maintenance. Mechanical errors accounted for nearly 300 bike accidents one year. As a top bicycle accident lawyer, Mr. Diamond can help you determine if a malfunction is to blame for your crash.
- Environmental factors—While bikes are not typically used in winter weather, roads can nevertheless become slippery from fallen leaves or a flash rainstorm. The most significant environmental factor in bicycle accidents is an obstructed view. Furthermore, sun or road glare that blinds either the bike rider or the operator of a motor vehicle also causes numerous accidents.
The simple fact is that many of these accidents could have been avoided had a motorist or pedestrian exercised greater caution. For example, far too many motorists are reading text messages or making phone calls when they should be paying attention to traffic. Many pedestrians are likewise careless about where they are walking and end up walking right in front of bicyclists.
If someone's negligence contributed to your collision, you may be able to hold that person legally responsible for your injuries and economic losses. Of course, many at-fault parties are not anxious to admit they are responsible for a crash, so your attorney will need to review the available evidence and determine whether you have a viable personal injury case.
Potential Bicycle Accident Injuries
When automobiles collide with bike riders, the injured cyclists will usually suffer the worst impact. Bicycles simply offer fewer protections than an automobile in terms of structure and speed. As a result, many bike riders suffer severe injuries after a bicycle-motor vehicle accident. A serious injury can take months or longer to heal, and some never do. As a Bronx bicycle accident lawyer, I have seen devastating injuries such as:
- Traumatic brain injuries. Any blow to the head or body can cause the brain to bounce around, which can impair its function. A concussion is a relatively mild form of traumatic brain injury (TBI). More serious TBIs, however, can impair a cyclist's ability to speak, think, remember, move, and control emotions.
- Spinal cord injuries. The spinal cord runs up the center of the back and carries signals from the brain to our extremities. In a bad crash, the spinal cord can suffer damage—shredding, tearing, bruising, and stretching. Any damage can result in lost sensation or movement. In extreme cases, a cyclist can become completely paralyzed.
- Broken bones. Any bone in the body can break from a collision with a motor vehicle, but bicyclists tend to see breaks in the arms, legs, and rib cage. Broken ribs can spear internal organs, like the lungs, leading to bleeding and other complications. Bad breaks can require surgery and months of rehabilitation to recover.
- Head and facial injuries. Any traumatic impact can damage your eyes, ears, and mouth. You might lose the ability to see or hear. Bicycle accidents also the potential to cause a TBI (traumatic brain injury).
- Cuts, abrasions, and lacerations. If not cleaned properly, these can become infected, leading to hospitalization. Many deep cuts will also leave permanent scars, which can be traumatic, especially when in a visible part of the body, like the face.
- Severe soft-tissue injuries. A bad contusion can cut off the blood supply to a muscle, permanently damaging the tissue. Other bad strains or sprains might require surgery to repair damaged ligaments or tendons.
- Burn injuries. After the crash, the biker can be thrown along the road. The friction can burn any exposed skin, causing “road rash.” Road rash is incredibly painful and can lead to infection and scarring. Some victims need skin grafts on affected areas.
Immediately after the accident, you should seek prompt medical treatment. Many injuries can become much worse if you delay treatment or if you do not follow your doctor's advice. If you think your condition is worsening, you should seek a second opinion.
Some New York Bicycle Accidents Result in a Wrongful Death
Because bicyclists are so exposed, some accident victims die after a bicycle crash, leaving behind grieving family members to pick up the pieces. As a Bronx bicycle accident lawyer, I have seen too many lives destroyed by negligent motorists. To help compensate for their loss, surviving family members might be able to bring a wrongful death lawsuit against the person or business responsible for the crash.
What is wrongful death? If a loved one dies because of someone else's negligent, reckless, or wrongful conduct, you can sue the person responsible for monetary damages. Wrongful death is a civil action, not a criminal one. In a criminal case, the state can prosecute the motorist responsible for the death. If convicted, the driver may go to jail and/or pay a fine.
In a civil wrongful death lawsuit, no one goes to jail. Instead, the purpose is to compensate the family members for the loss of their loved one by ordering payment of monetary damages.
According to New York law, the personal representative for the loved one's estate files the wrongful death lawsuit in court. If your loved one had a will, the personal representative should be named in the document. If they died without a will, a probate judge would name a personal representative.
Although the representative files the lawsuit, they do so on behalf of family members who will receive payment if the case is successful. Family members can receive compensation for the following:
- The value of support and services the victim provided to family members
- Medical expenses for treatment of the victim's final illness
- Funeral and burial expenses
- Lost wages the victim was expected to earn
- If the deceased was a parent, then the loss of parental care and guidance to their children
- Lost inheritances
- Any pain and suffering the accident victim endured after the crash
The amount of compensation awarded will depend on the facts of the case and is highly variable. If you lost a loved one in a bicycle accident, you should consult with a Bronx bicycle accident lawyer right away to see if you have a viable wrongful death claim.
What Happens After a Bicycle Accident in the Bronx
If a motor vehicle was involved in the accident, your bicycle accident lawyer can help you submit a claim to the driver's insurance company under New York's no-fault coverage. The insurance company will pay your medical bills and reimburse you for lost wages up to the amount of the policy. If your accident was minor, the insurance policy might be able to cover most of your economic losses, allowing you to go on with your life.
However, in more serious accidents, the no-fault insurance benefits will likely be insufficient. Instead, you will need additional compensation to help you recover. Depending on the circumstances, you might need to bring legal action to receive compensation to cover:
- Medical care
- Future medical care, if your injuries are permanent
- Past, present, and future lost wages
- Pain and suffering
- Disfigurement
- Emotional distress
Your Bronx bicycle accident lawyer can help you estimate how much you may receive by looking at your medical bills and receipts, as well as any proof of income (for example, pay stubs or W2 forms).
Non-economic damages like pain and suffering or emotional distress are more speculative. This is where an experienced bicycle accident lawyer can make a difference. Your lawyer can show that your quality of life has declined dramatically because of your bodily injuries and that additional compensation is warranted.
Legal action is not appropriate in every bicycle accident case. Your attorney will need to review what insurance policies the at-fault driver has. For example, if they have bodily injury liability insurance, then a lawsuit or settlement is more likely. Your lawyer will also consider the severity of your injuries to determine whether you qualify to file a lawsuit.
Should I see a doctor following a Bronx bicycle accident?
Yes. See a doctor even if you feel fine. Some serious injuries may go unnoticed for days or even weeks. A doctor can discover latent injuries and begin providing care immediately, saving you pain and time.
Additionally, if you decide to file a lawsuit, the extent of your injuries may dictate the value of your claim. A formal doctor's diagnosis is the best way to prove how badly you were hurt.
Trust a Bicycle Accident Lawyer Bronx-Native, to Protect Your Rights
To hold a motorist or pedestrian responsible for your injuries, you need to act fast. New York's statute of limitations creates a window of opportunity for bringing a lawsuit based on your injuries. Currently, the statute of limitations is three years from the date of the accident. If you are filing a wrongful death lawsuit, the deadline is two years from the date of death.
Although two or three years might sound like a lot of time, it is very easy to miss the deadline. You will be focused on your recovery and possibly investigating the cause of the collision. You also might attempt to negotiate a settlement with the party responsible for the crash, which can also take time. Before you know it, the deadline has come and gone.
If you miss the deadline, a judge will dismiss your case, and you will lose the ability to force the responsible party to pay for your losses. If you are a Bronx bicycle accident victim, you should meet with a local bicycle accident lawyer in the Bronx as soon as possible to protect your rights.
What Is the value of my Bronx bicycle accident claim?
Bike accident claims can vary widely in value. Most bicycle accident lawsuits are built around the pain and suffering experienced by the injured, the cost of treatment, the cost of any necessary ongoing care or life modification (such as the installation of a wheelchair ramp), and loss of income. Therefore, these factors will also have an important impact on your claim's value.
If you suffered minor injuries requiring minimal care and spent two weeks away from work, your personal injury claim will be worth less than if you sustained permanent or catastrophic injuries.
How do bicycle accidents happen in the Bronx?
Cars and bikes are now more frequently sharing the same roadways, which has resulted in far more car/bicycle accidents. In fact, cyclists account for 2 percent of all motor vehicle crash deaths, and there were 857 cyclists killed in one year alone.
With the advent of the smartphone, distracted driving certainly deserves some blame for this increase. Urban planning is also an issue because cities rarely cater to both cars and bikes effectively.
No matter the reason for their prevalence, bicycle accidents can result in serious injuries—especially to the bike rider. Bikes obviously don't offer the protection of automobiles and riders are often fully exposed to the impact of the collision. Cyclists are also frequently thrown from their bikes causing additional injuries after the initial impact.
Unfortunately for most riders, the initial pain of the accident is just the beginning of a long road back to a normal life. They may also face mounting medical bills, time away from work, and mental trauma. Furthermore, knowing where, and to whom, to turn during such a dire situation isn't always clear. Simply meeting with a bicycle accidents lawyer can answer many of your questions without costing a dime.
Which common circumstances frequently result in bike accidents in the Bronx?
First, cars often hit bicyclists simply because they don't see them. Bikes are much smaller than cars and less visible. Additionally, many drivers are simply not on the lookout for bikes because all their attention is focused on avoiding other cars.
Many bike-on-car collisions happen while a car is making a left-hand turn. A bike rider coming from the opposite direction may not anticipate the car turning left, and the driver may not see the bike entering the intersection. Additionally, a more aggressive bike rider may attempt to pass a car in the process of slowing down, not realizing it's about to turn, causing the biker to collide with the side of the car.
Finally, some bike accidents happen when a car changes lanes without a driver checking the mirrors first. Because of their diminutive size, a bike can very easily end up in a car's blind spot. The driver may think he has a free lane and attempt to move over without seeing the biker. These accidents happen so quickly it's often impossible for either party to make any adjustments to avoid the accident.
Should I contact a Bronx bicycle accident lawyer?
Yes. Contacting a lawyer is important, even if you don't plan on filing a lawsuit. A lawyer can analyze the facts of your case and explain your legal options. If your situation changes, you're ready to proceed with your claim right away.
Also, lawyers are immensely valuable if you get into a dispute with your insurance company. Seasoned Bronx bicycle accident lawyers have experience negotiating with insurers and can tell if you're being treated fairly. In fact, even the insurance industry suggests hiring a lawyer for claim disputes.
Ivan M. Diamond: A Bronx Bicycle Accident Lawyer You Can Trust
A serious bicycle accident can change your life in the blink of an eye and the things you took for granted may now seem out of reach. It may take years for a family to overcome a deadly bicycle accident and its aftermath.
Thankfully, victims don't have to suffer alone. If you or a loved one suffered a bike injury as a result of someone else's negligence, you might be entitled to compensation. Contact an experienced Bronx bicycle accident lawyer to take the first step toward obtaining the financial support that you and your family deserve.
Ivan Diamond, Bronx Bike Accident Lawyer
Ivan M. Diamond has spent his career advocating for the wrongfully injured in the Bronx. He has practiced personal injury law for over 20 years and has won millions of dollars for his clients. If you believe you were wrongfully injured in a bicycle accident, contact Ivan today.
Speak With a Bronx Bicycle Accident Lawyer Now
If you are one of the thousands of people who are suffering bicycle accident injuries and you believe the accident was the fault of another person, contact Bronx Lawyer Ivan M. Diamond at (718) 588-2000 or online. He will review your bicycle crash and explain whether you should consider a personal injury lawsuit or insurance claim to recover compensation for your losses.
As an experienced bicycle accident lawyer, Ivan is committed to helping victims of bicycle accidents who have suffered personal injuries and the families of those who lost their lives in a bike accident. Call Ivan immediately for a free consultation and case review.
Ivan Diamond Bronx Personal Injury Attorney
888 Grand Concourse Suite #1L, 10451
(718) 588-2000
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