Unfortunately, bicycle accidents in New York City are common and can result in serious injuries or even death. If you’ve been involved in a bike accident, you may be entitled to compensation for your injuries and other damages. Here’s what you need to know about recovering damages in a New York bike accident lawsuit.
Types of Damages
In a bike accident lawsuit, you may be entitled to various types of damages, including:
- Medical expenses: This includes all medical bills related to the accident, such as hospital stays, surgeries, doctor visits, prescription medications, and physical therapy.
- Lost wages: If you could not work due to your injuries, you may be entitled to compensation for the wages you lost during your recovery period.
- Pain and suffering: This includes compensation for physical pain, emotional distress, and any other negative effects on your quality of life that resulted from the accident.
- Property damage: If your bike was damaged or destroyed in the accident, you might be entitled to compensation for the cost of repair or replacement.
To recover damages in a bike accident lawsuit, you must prove that the other party was at fault for the accident. This can be challenging, as multiple factors may contribute to the accident.
Some common causes of bike accidents in New York City include:
- Failure to yield: Motor vehicle drivers often fail to yield to cyclists, particularly at intersections or when making turns.
- Distracted driving: Drivers texting, eating, or otherwise distracted are more likely to cause accidents.
- Dooring occurs when a driver or passenger opens a car door without looking and hits a passing cyclist.
- Improper lane changes: Drivers who change lanes without checking for cyclists can cause accidents.
- Poor road conditions: Potholes, uneven pavement, and other road hazards can cause cyclists to lose control and crash.
To prove fault in a bike accident lawsuit, your attorney will investigate the circumstances of the accident and gather evidence, such as witness statements, police reports, and medical records. They may also consult with accident reconstruction experts to determine the cause of the accident.
In some cases, the cyclist and the driver may have contributed to the accident. New York follows a system of comparative negligence, which means that damages may be reduced if the cyclist is found to be partially at fault for the accident.
For example, if the driver failed to yield to the cyclist, but the cyclist was riding against traffic or not wearing a helmet, the cyclist may be found to be partially at fault for their injuries. In this case, damages may be reduced by the percentage of fault attributed to the cyclist.
Statute of Limitations
It’s important to note that there is a statute of limitations for filing a bike accident lawsuit in New York. In most cases, you must file a lawsuit three years from the accident date. If you miss this deadline, you may be unable to recover damages.
Working with an Attorney
If you’ve been involved in a bike accident in New York, it’s crucial to work with an experienced personal injury attorney who can help you navigate the legal process and recover the damages you deserve. Your attorney can help you gather evidence, negotiate with insurance companies, and file a lawsuit if necessary.
If you’ve been involved in a bike accident in New York City, you may be entitled to compensation for your injuries and other damages. To recover damages, you must prove that the other party was at fault for the accident. This can be challenging, but with the help of an experienced personal injury attorney, you can build a strong case and recover the damages you deserve. If you’re facing a bike accident lawsuit in New York, contact an attorney