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You are not automatically accountable for a collision if you break a bicycle law. New York's legal system is based solely on comparative negligence. Even though a plaintiff was 99 percent at fault, the courts will nevertheless award compensation if they contributed to their own harm.
Your recuperation will, nevertheless, be hampered by your proportion of fault. That is why determining fault and liability is so crucial. Our Long Island bicycle accident lawyers at The Law Office of Carl Maltese can assist you with this. Contact us for a free legal consultation today!
Bicycle Accident Victims Have the Right to Compensation in Long Island
Anyone struck by a car in New York State, whether a pedestrian or cyclist, is entitled to medical benefits, irrespective of who caused the accident or where they live. With the help of a Long Island bicycle accidents lawyer, one can submit a personal injury claim under the driver's third-party liability insurance coverage.
The bicycle accident lawyers at the Law Office of Carl Maltese handle a wide range of disputes involving cyclists, such as:
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Backing out or pulling onto a road in front of or in the way of a cyclist is illegal.
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Failure to give bikers ample space on the shoulder by drivers.
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Crossing into the bicycle lane by a driver.
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Drivers who do not proceed at a suitable speed when passing cyclists, causing them to lose their balance and potentially swerve off the road.
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Drivers that open their doors directly in the way of a visible cyclist.
If you were in a bicycle accident in Long Island caused by a driver's negligence, our law office is here to help you obtain the compensation you are entitled to under New York State law. We address a wide range of bicycle-related injuries, including:
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Catastrophic injuries
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Soft tissue injuries
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Dislocation of any joints
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Amputation
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Loss of limbs
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Road burns, broken bones, disfigurement, or scarring
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Spinal cord or brain trauma
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Wrongful death involving bike accidents
Fair compensation for the following sorts of economic and non-economic damages can be obtained through a successful personal injury claim:
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Past and future hospital bills
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Lost wages
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Expenses related to medical treatment
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Pain and suffering
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Property damage
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Loss of enjoyment of life
Rated a 5-Star Lawyer In Long Island
Alex Maltese and his firm are first class and they always made you feel as if you were their only client. The communication was always timely, professional and courteous. I can't thank them enough.
- Dina V.
You always know that the entire staff truly cares. I am extremely pleased with my settlement and thankful that they helped make an unpleasant experience more than bearable.
- John D.
Alex Maltese is a professional and compassionate attorney. I never felt as if I was a burden. He always answered my questions in a timely manner. The attorneys and staff are accommodating.
- Alex D.
What Causes Bicycle Accidents in Long Island?
Riding a bicycle is a terrific way to get around Long Island, whether someone wants to escape traffic, get a workout in, or take in the sights. Long Island, unfortunately, does not have many bike trails. As a result, bikers are frequently forced onto major roads and highways.
Dedicated cycling infrastructure, such as protected or painted bike lanes, is lacking on many of these roadways. This implies that people have to alongside heavy vehicles. The drivers of these vehicles aren't always pleased with bikes sharing the road. Unfortunately, many bike accidents and serious injuries in Long Island occur as a result of other cars being reckless and engaging in unsafe driving habits.
The following are some of the most common causes of bicycle accidents in Long Island:
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Speeding
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Leaving insufficient space between a vehicle
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Driving under the influence
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Distracted driving
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Making unsafe or illegal turns
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Failing to yield to the right of way
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Speeding through an intersection to beat a traffic light
Bikers aren't always at fault when other vehicles collide with them. Bicyclists share some of the blame as well. This is especially true when bikers ride on the wrong side of the road, talk on their phones, or consume alcohol before riding. Dangerous road conditions, traffic and weather conditions, and malfunctioning equipment are all factors that can contribute to a Long Island bicycle accident.
Time Is an Essential Factor in Your Personal Injury Claim
The filing deadline for your lawsuit (also known as the New York statute of limitations) is determined by the facts of the case. One may be subject to the following regulations:
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According to CPLR 214, you have three years to launch a personal injury case.
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A wrongful death case must be filed within two years of the death, as per to EPT 5-4.1.
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You have 90 days to file your Notice of Claim if a government-operated motor vehicle hit you while you were riding your bike or if a municipality is at fault, according to GMU 50-E.
The amount of time one has to file may be affected by a number of circumstances. Our bicycle accident lawyers can look into the case and see if there are any exceptions.
What to Do After a Long Island Bicycle Accident
Knowing what to do in the aftermath of a collision might help one defend their legal rights. The steps below could help with the claims procedure:
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Once it arrives, accept all available emergency medical assistance.
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Request a complete medical evaluation at the hospital, emergency room, or clinic to rule out probable injuries based on the bicycle crash situation and symptoms.
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To serve as proof of the injuries and their costs, keep all receipts, medical bills, and patient documentation.
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Contact a Long Island bicycle accident lawyer for a free consultation to discuss the possibilities for pursuing a claim against any responsible drivers.
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When police officers arrive on the site, give them a detailed description of the bicycle crash. Make sure the accident report is accurate, precise, and thorough.
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Examine any present injuries as well as the injuries of everyone else who was involved in the bicycle accident.
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Contact the police and emergency medical services.
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Document any injuries, the bicycle's damage, the license plates of any vehicles involved, the crash scene, and any other tangible evidence. Keep track of all of the drivers' contact and insurance details.
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Interrogate eyewitnesses and obtain a recorded statement as well as their contact details.
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Avoid discussing the pending case with anybody, and don't reveal any information to representatives of the driver's insurance company that isn't on the driver's license or on the report of the incident.
Do Not Admit Fault
One needs to give the responsible insurer basic details regarding the accident, such as their name, car model and make, and policy number. Do not, however, accept responsibility for the situation. This could be enough for the insurance to deny the claim.
Keep a Record of Your Losses
Having a record of any losses will assist the Long Island bicycle accident lawyer in determining the value of the case. All receipts, invoices, and bills should be kept in a safe place until being given to the legal team.
Report the Bicycle Accident to the Authorities
If anybody was hurt or died in a crash, the New York State Department of Motor Vehicles states that submitting an accident report is required. This important document contains information such as when the incident took place, the parties involved, and which party dialed 911.
Who Is Liable for the Sustained Injuries from a Bicycle Collision in Long Island?
It's critical to conduct a comprehensive independent inquiry of the circumstances leading up to the injuries after a bike accident. Why? While bike accidents can occur for a variety of reasons, they are rarely that simple. A collision with a bicycle can be caused by a variety of circumstances. In certain situations, numerous persons may bear some responsibility for the accident. If this occurs, one might be able to seek compensation from all of them.
Under New York bicycle laws, victims have the right to sue anyone who is responsible for the bike accident or severe injuries. This could include anyone who caused harm to the victim due to their carelessness or negligence, such as:
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Other cyclists
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Car, bus, or truck drivers on the road
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Pedestrians
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Government agencies
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Employers of negligent parties
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Transit companies
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Companies that manufactured defective motor vehicles, bikes, or equipment
At the Law Office of Carl Maltese in Long Island, we look into every element of the bike accident case to figure out why it happened and who might be to blame. Then, we can pursue monetary compensation from each of those parties individually. This strategy may enable us to maximize your monetary compensation.
What Happens if You Are Blamed for the Bike Collision?
Accidents are frequently blamed on bicyclists by negligent drivers or insurance companies. Why? Any degree of blame shifted to an injured cyclist can reduce the amount they must pay. However, many of these accusations are unfounded and unsupported by proof. Don't let a careless driver or insurance company keep you from getting the compensation you deserve.
What if you're truly to blame for some of it? In that scenario, it's vital to seek the advice of a skilled Long Island bicycle accident lawyer. An attorney can fight to make your role in the accident as minor as possible. Even if you share some guilt for your injuries, you may still be entitled to compensation under New York's comparative negligence legislation. The damages, on the other hand, will be modified to reflect your role. In general, the less fault you share, the more money you may be able to earn.
What Injuries Can One Suffer After Bicycle Accidents?
Our bike accident attorneys have assisted injured claimants who have suffered a range of injuries as a result of bicycle incidents, including the following:
Brain and Head Injuries
If one’s head collides with any objects or the ground, it can result in concussions, skull fractures, and traumatic brain damage. Serious brain injuries might leave someone disabled for the rest of their life.
Dislocations and Strains
When a vehicle or object collides with the body, the musculoskeletal system might be damaged. Dislocations and sprains are uncomfortable and might leave someone disabled for a while.
Internal Injuries
Internal injuries from a car impacting the abdomen or chest include:
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Traumatic hernia
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Splenic rupture
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Bowel contusion
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Pancreatic trauma
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Lung injuries
Internal injuries are devastating to one’s body and require a long time to recover from.
Spinal Cord Injuries
If the bicyclist's spinal cord is injured, he or she may become paralyzed completely or partially.
Fractures
Lower extremity and collar bone fractures are common after a bicycle accident, including:
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Ankle
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Foot
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Hip
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Knee
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Pelvis
Facial fractures can also happen if one’s face collides with the ground or another object.
Superficial Trauma
Abrasions, bruises, lacerations, and contusions are all examples of skin and soft tissue injuries. Even "small" injuries can be excruciatingly painful, necessitating time in the hospital and time away from work.
Why Should You Hire Our Long Island Bicycle Accident Attorney?
Our law firm brings a great deal of experience to the table, enabling us to advocate for each client efficiently and effectively. We have a track record of unwavering ethics and an excellent attorney-client relationship! Our team is able to provide outstanding legal services to individuals who have been injured while riding a bike throughout Long Island, New York, because of our relentless litigation pursuit.
When you engage with a passionate personal injury lawyer from the Law Office of Carl Maltese, you can rest assured that your case will be handled to the best of their skills. We carefully look at state and federal legislation, as well as relevant previous case judgments, to determine the best choices for getting the most money from all accountable parties.
The bicycle accidents lawyer will handle all of the essential casework while still keeping the client informed and in control of the situation. We set out all the legal choices and advise our clients on the best course of action based on their specific cases and similar situations.
Clients may also relax knowing that their bicycle accidents lawyer will take care of filing the necessary documentation, staying on top of deadlines, and negotiating with insurance companies on their behalf.
When it comes to documenting one's medical expenses and injuries, we follow the strictest guidelines to include all connected charges so that they can be added to the damages the client has requested. Our law office collaborates with financial and medical professionals to evaluate future losses, including total possible earnings loss and long-term rehabilitation or future treatment costs.
Contact the Law Office of Carl Maltese for a Free Consultation
The Law Office of Carl Maltese is a client-focused law firm in Long Island. Our attorneys and support team use their significant legal knowledge and litigation savvy to aggressively represent bicycle accident clients, pursuing all legal remedies available to them.
Furthermore, clients get a free case review from an experienced Long Island bicycle accident lawyer to discuss the facts of the case.
If you or a loved one has been injured in a bicycle accident caused by someone else's negligence, call us today at (631) 543-8811 for a free case review.