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Whether commuting through Manhattan or cruising in Prospect Park, a bike ride through New York offers a unique view of the city. That experience changes when a driver’s carelessness leads to a crash. If you were hit by a car while on your bike, you have the right to sue.
Filing a bicycle accident lawsuit is your way of seeking justice and financial stability after a crash. The legal process allows you to claim compensation for your medical costs, lost income, and the personal harm you’ve suffered. Hiring a bicycle accident lawyer is always a wise decision because they protect your rights and maximize your compensation.
Your Right To File a Lawsuit After Being Hit on a Bike
Your ability to sue someone for hitting you on a bike is based on a legal concept called negligence. In simple terms, negligence means another person was careless, and their carelessness caused your accident and injuries.
All drivers in New York City have a legal duty to operate their vehicles safely and watch out for others, including cyclists. When they fail in this duty, they’re considered negligent.
A driver’s negligence might look like this:
- Abrupt Turns: A driver makes a right turn directly in front of you on a busy Queens boulevard without checking their blind spot.
- Dooring: Someone opens their car door into a designated bike lane in Brooklyn, causing you to crash.
- Distracted Driving: A motorist is texting while driving and runs a red light at a Manhattan intersection, striking you as you legally cross.
- Speeding: A driver speeds through a residential street in the Bronx to beat traffic, unable to stop in time to avoid hitting you.
Your attorney must show that the driver was negligent in order to have a successful bicycle accident lawsuit. You also must file your claim within a specific time frame, usually three years.
Acting quickly helps preserve evidence and protects your right to sue the driver who hit your bike. An experienced attorney helps you meet these deadlines.
A bicycle accident claim isn’t just about getting money; it’s about holding a negligent driver accountable for their actions. It sends a message that the safety of cyclists on our city streets matters.
Compensation in a New York City Bicycle Accident Claim
When you sue someone for hitting you on a bike, you’re seeking financial compensation for your losses. This compensation, also known as damages, is meant to cover every way the accident has affected your life.
Damages are generally split into two main categories. One covers your financial losses, while the other addresses the personal, non-financial harm you’ve experienced. Both are essential parts of any bike accident claim.
A thorough accounting of all your damages is the only way to determine the full and fair value of your case.
Economic Damages: The Bills You See
Economic damages are the straightforward financial losses you suffer because of the bike crash. Your lawyer calculates these tangible costs with receipts, bills, and pay stubs. Your claim seeks compensation for both your current and future expenses.
These damages include:
- Medical Treatment: This covers every aspect of your medical care, from the initial ambulance ride and emergency room visit to hospital stays, surgeries, physical therapy, medication, and any future medical procedures you’ll need.
- Lost Income: If your injuries prevent you from working, you can seek compensation for the wages you’ve already lost. If your ability to earn a living is permanently affected, your claim also includes compensation for your diminished future earning capacity.
- Property Damage: This covers the cost of repairing or replacing your bicycle. It also includes any other personal property damaged in the accident, such as your helmet, clothing, phone, or laptop.
Non-Economic Damages: The Harm You Feel
Non-economic damages are just as real as economic ones, but they don’t come with a specific price tag. This compensation addresses the physical and emotional toll the accident has taken on you. These damages acknowledge the human cost of your injuries.
Non-economic damages compensate you for:
- Pain and Suffering: This refers to the physical pain, discomfort, and emotional distress caused by your injuries. It covers the pain from the initial impact to the ongoing difficulties you face during your recovery.
- Emotional Anguish: A bike accident is a traumatic event. You might experience anxiety, fear, depression, or post-traumatic stress disorder (PTSD). This part of your claim addresses the mental and emotional harm.
- Loss of Enjoyment of Life: Your injuries may prevent you from enjoying your hobbies, activities, and the daily pleasures you once enjoyed.
Calculating these damages is complex. An experienced personal injury attorney knows how to build a case that reflects the total impact the accident has had on your life.
Key Factors That Influence Your Bike Accident Lawsuit
Several factors affect the outcome when you sue someone for hitting you while riding your bike. A strong case is built on clear evidence and a deep understanding of New York’s traffic and personal injury laws.
Each bicycle accident lawsuit is unique, and its success often depends on a few key elements. Your attorney will analyze every detail of the crash. They will look at the location, such as a busy intersection in Midtown or a quiet street in Staten Island, and the actions of everyone involved.
This detailed review helps build the strongest possible argument for your compensation.
Proving the Driver Was at Fault
The foundation of your bicycle accident claim is proving that the other driver was negligent. Strong evidence is what separates a successful claim from a denied one. Your lawyer gathers all available proof to show exactly what happened and why the driver is responsible for your injuries.
Evidence used to prove fault includes police reports, photos of the accident scene, traffic camera footage, and statements from anyone who witnessed the crash. A well-documented case leaves little room for the insurance company to dispute the driver’s responsibility.
The Seriousness of Your Injuries
The extent of your injuries is a major factor in determining the value of your bike accident claim. More severe injuries typically lead to higher medical bills, more time away from work, and greater pain and suffering.
Your medical records are the primary evidence used to document the seriousness of your injuries. Your claim also needs to account for all future medical needs, and some injuries may require long-term physical therapy, additional surgeries, or lifelong care.
New York’s Comparative Negligence Rule
New York follows a pure comparative negligence rule. This means you can still recover damages even if you’re found to be partially at fault for the accident. However, your compensation amount will be reduced by your percentage of fault.
For example, if a jury determines you are 10% responsible for the crash, your total compensation award will be reduced by 10%. Insurance companies often try to shift the blame onto the cyclist to reduce the amount they have to pay.
A skilled attorney knows how to fight back against these tactics and minimize any finding of fault against you. They protect your right to full and fair compensation in your bicycle accident lawsuit.
How a Lawyer Helps With Your Bicycle Accident Claim
After a bike accident, taking on the legal process by yourself is a difficult task. A personal injury lawyer handles every aspect of your case, allowing you to focus completely on your health and recovery. They manage the complexities of your claim and fight for the best possible outcome.
Gathering Evidence
Your attorney launches an immediate and thorough investigation into your crash. They know what evidence is needed to build a strong bicycle accident claim.
They’ll collect the official police report, track down and interview witnesses, and obtain video footage from traffic cameras or nearby businesses. They build the factual foundation of your case to prove the other driver’s fault.
Valuing Your Claim
Calculating the true value of your losses is a complex process. An attorney carefully assesses all your economic damages, including past and future medical expenses and lost wages. They also know how to place a monetary value on your non-economic damages.
Your lawyer may work with medical and economic professionals to create a detailed life-care plan. This document outlines the projected lifetime costs associated with your injury. This ensures that any settlement demand or lawsuit covers all your needs, leaving nothing to chance.
Handling the Insurance Company
Insurance adjusters are trained negotiators who protect their company’s financial interests. This means they often try to pay out as little as possible on a claim. When you hire a lawyer, you get a professional advocate who deals with the insurance company on your behalf.
A personal injury lawyer helps by:
- Investigation: Your lawyer leads a full investigation into the crash to establish clear liability.
- Negotiation: Your lawyer negotiates with the at-fault party’s insurance company for a fair settlement that covers all your damages.
- Litigation: Your lawyer files a lawsuit and represents you powerfully in court if the insurance company refuses to make a fair offer.
- Protection: Your attorney manages all phone calls, paperwork, and negotiations. They shield you from the stress of dealing with adjusters and protect you from tactics designed to weaken your bicycle accident lawsuit.
Fighting for You in Court
Most personal injury cases settle out of court. However, your lawyer can take your case to trial if the insurance company refuses to offer a fair settlement. Your lawyer will be your champion in the courtroom, presenting your case clearly and persuasively.
FAQ for Can You Sue Someone for Hitting You on a Bike?
What if the Driver Who Hit Me Was Uninsured?
If the driver who hit you doesn’t have insurance, or if it was a hit-and-run, you still have options. Your own car insurance policy may include Uninsured Motorist (UM) coverage, which can be used to pay for your damages.
If you don’t have car insurance, you may be able to file a claim with New York’s Motor Vehicle Accident Indemnification Corporation (MVAIC), which provides benefits to qualifying victims of uninsured drivers.
Does It Matter if I Wasn’t Wearing a Helmet?
In New York, adults aren’t legally required to wear a helmet while cycling. Therefore, not wearing one doesn’t prevent you from filing a lawsuit.
However, the defense attorney might argue that your head injuries would have been less severe if you had worn a helmet. This strategy attempts to use the comparative negligence rule to reduce your compensation.
Can You Sue Someone for Hitting You on a Bike if You Were Partially at Fault?
Yes, you can. New York’s pure comparative negligence law allows you to recover damages even if you are partially responsible for the accident. The court will determine your percentage of fault, and that amount will reduce your final compensation award.
For example, if you are awarded $100,000 but found to be 20% at fault, you will receive $80,000.
How Long Do I Have To File a Lawsuit After a Bike Accident in New York?
In New York, the statute of limitations for most personal injury cases is three years from the date of the accident. It’s always best to contact a lawyer as soon as possible after the incident.
Evidence can disappear, witnesses’ memories can fade, and a prompt investigation is the best way to build a strong case.
What Evidence Is Needed for a Successful Bike Accident Lawsuit?
A successful bicycle accident lawsuit is built on strong, clear evidence. While every case is different, some of the most powerful pieces of proof include:
- Official Report: The police accident report provides an official record of the incident, often containing diagrams, officer notes, and contact information for parties and witnesses.
- Medical Records: Your complete medical file connects the crash directly to your injuries and documents the extent of the harm you’ve suffered.
- Visual Proof: Any photos or videos of the accident scene, your damaged bike, your injuries, and the position of the vehicles involved provide clear, compelling evidence.
Take Back the Road
After a bike accident, taking legal action provides the resources you need to heal and find stability. It holds a negligent driver accountable and helps you reclaim your life.
Your focus should be on your health. Let a dedicated legal team handle the fight for justice. The New York City personal injury attorneys at Finz & Finz, P.C. have a long and successful history of fighting for injured cyclists across New York City.
Contact us for a free, no-obligation consultation to discuss your case by calling (516) 433-3000 today.
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Finz & Finz, P.C. is a New York and Long Island personal injury law firm based out of Mineola, NY. It was founded in 1984 and is highly rated, with many honors and awards of excellence.
