Bicycle riders have it worse when it comes to accidents. The lack of protection offered by the vehicle and the potential risk of encountering a reckless driver is a mix for disaster.
Even a small accident can lead to serious injuries and an expensive visit to the hospital. Cycling is a popular activity in New York, so there's no doubt that bike accidents have increased.
Any motor vehicle is much stronger and faster than a bicycle. Hitting a cyclist is something that could affect them for the rest of their life.
Those who get injured after bicycle accidents are entitled to compensation. It's not fair that they have to pay out of pocket for their medical expenses. When it comes to bicycle accident cases, the right strategy will always involve hiring legal counsel.
These experts will guide the victim through the case's details and answer any questions they consider appropriate, including who pays for a bicycle accident in NY. Sometimes, this information isn't clear enough. All bicycle accidents are different, so getting a new perspective on the case is helpful every time.
Victims of a bicycle accident in New York can call the Law Office of Carl Maltese for legal assistance with other things like explaining who pays for a motorcycle accident in NY. They can also keep reading this page for more information on the topic.
Who Is Liable in a Bicycle Accident?
Most bicycle accidents happen because of a car driver's fault. It's uncommon for a cyclist to cause an accident unless they are acting extremely recklessly on the road.
New York law allows cyclists to share the road with other vehicles on public streets. Everyone is required to behave properly. Cyclists, specifically, have a few protections, such as the "Vehicle & Traffic Law Section 1229-A."
Common accidents involving a car include dooring. It happens when the driver opens their car door without looking and hits an oncoming cyclist. Other scenarios involve the driver behaving recklessly, leading to them hitting the victim.
There are a few scenarios where the fault doesn't rely on either party. Sometimes, poor road conditions, such as potholes or debris, can make the cyclist lose control and hit something. Likewise, they may be forced to swerve into traffic to avoid hitting an object obstructing their lane.
These cases are more complicated to navigate. When the liability isn't such a "black or white" situation, it's better to get help from an attorney. They'll know how to assess the case and come up with the true culprit. They can also advise on who pays for a pedestrian accident in NY.
Do Victims Have the Right to File a Personal Injury Claim?
Yes, they can file a personal injury claim to seek damages for what happened.
Thanks to New York's "No-Fault" benefits, the at-fault party's auto insurance should pay for the victim's injuries. This already takes some weight off the shoulders.
Unfortunately, "No-Fault" insurance isn't always enough. If the injuries are too severe, the victim may have to seek alternative ways to get compensated. That's when the personal injury lawsuit comes in. For more information, Long Island bicycle accident attorneys may be able to help.
Working with a professional attorney will give the victim the upper hand in such scenarios. They understand the state's law thoroughly, so they'll educate the cyclist through each step of the process. The victim must focus on their recovery while the experts take care of the rest.
What Damages Can People Recover from Their Bicycle Accident Claim?
When you compare the injuries sustained in a "bicycle versus car accident" case it's simple to understand who's more exposed. Even if the cyclist has enough protective gear, there's nothing that will prevent them from getting badly injured.
A motor vehicle's force is too much for a simple helmet or padding to handle. This is why all car drivers must follow the law and avoid reckless actions.
Cyclists who get injured because of someone else's negligence may be entitled to damages. Some of these include medical expenses, lost earnings, pain and suffering, etc.
The amount of money the victim gets depends on their injuries and how severe they are. They should discuss their case details with a professional attorney before coming to any conclusion.
What Happens If the Victim Was Partially at Fault for the Accident?
Some cyclists may share fault for the accident. New York works with a "pure comparative negligence rule." It means that victims can still recover compensation when they're partially at fault.
Their compensation will get adjusted depending on their degree of fault. It's up to the judges or insurance adjusters to determine how much "percentage of fault" the victim gets.
Will the Insurance Company Dispute the Claim?
Most insurance companies will try to dispute the claim. They'll try to minimize or deny it in order to pay less money to the victim.
Common strategies involve questioning fault, downplaying the cyclist's injuries, and delaying the process. Dealing with this process can be too stressful for the victim, especially because insurance companies will already have a legal team with them.
At the Law Office of Carl Maltese, there are professionals willing to be on the victim's side, helping them get the compensation they deserve.
Why Hiring a New York Bicycle Accident Lawyer Can Help Victims
Bicycle accidents are serious. Most victims won't be able to deal with such a big case on their own. They should be able to focus on their recovery and nothing else.
Getting help from the experts at the Law Office of Carl Maltese ensures they have nothing to worry about. They will help them gather evidence, talk to relevant individuals, and fight for their rights in court if necessary.
Bottom Line
Hiring a New York bicycle accident attorney works wonders for the injured cyclist. Only the victim knows how painful their injuries are. It's not just about the physical aspect; these accidents also take a huge emotional toll on the person.
Cyclists in New York have rights, and they must fight for them. At the Law Office of Carl Maltese, there are expert attorneys ready to build comprehensive and effective cases that help the victim win.
Victims should only focus on healing while the attorney fights for their compensation money. There's no better feeling than knowing that their lost wages and medical bills are taken care of.
Those in need of hiring an experienced attorney can get in touch with this law firm today. They can get into details about their case and discuss the next steps to take.
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