Bikes are a cheap and easy way to get around. Many people use them to go to work or for deliveries instead of cars, especially for short distances.
Some people ride bikes as a sport and train to take part in big competitions. These people must share the roads with other vehicles, often double or even ten times larger than theirs.
Road safety education is a must for every driver, no matter what type of vehicle they are driving. We have found that inattentive drivers cause many Westchester bike accidents.
You may be eligible for compensation if you or someone you know was injured in a bike accident. The payment is for the harm that was caused. The Ward Law Group has a bicycle accident lawyer in Westchester who helps injured people recover from their losses.
Types of Bicycle Accidents
These unfortunate accidents can be produced in many ways. We have seen many hit-and-run accidents involving bicycles. As the rider falls unconscious over the payment and there are no witnesses, drivers are tempted to leave the scene to avoid responsibility.
There are many reasons why a driver flees from the scene, and they need to be determined through an investigation. Police and private investigators can work with your Westchester bike accident lawyer to locate the wrongdoer.
A bike rider might become a victim if two cars crash into each other. The speed of the vehicles could also harm the cyclist and cause severe damage.
Intersections are zones where people get into bike accidents most of the time. Drivers should be cautious when turning right, use their signals, and give priority to other vehicles.
Some accidents happen because of bad roads or weather. Accidents occur due to poor road conditions or bad weather. It is crucial to determine the primary causes of your accidents. This will enable your lawyer to determine liability for your losses.
Common Injuries in Bicycle Accidents
Since cyclists are less protected than car drivers, they tend to suffer serious injuries. Cyclists must wear all their protective gear to minimize the risk of injuries. However, riding carefully and in defense mode is always recommended.
In these types of incidents, it’s common to find different types of fractures in bicycle accident victims. A medical specialist should assist you if broken bones are present. Skull fractures can be followed by a brain injury that brings severe consequences.
Falling fast on the road can lead to road rash and cuts on the body. Spinal cord injuries are a dangerous type of injury that can impair a person's life.
No matter your injury, get help from medical and legal experts. If a negligent driver caused the accident, you can hold them responsible for your damages.
How a Bicycle Accident Attorney Can Help?
Hiring a Bicycle accident lawyer can significantly affect your case, helping you with essential parts of the legal process.
Legal Consultation and Case Evaluation:
A skilled attorney can offer you a thorough legal consultation and provide insight into the merits of your case. They will assess the details of the accident and review evidence such as police reports, witness statements, and medical records.
This initial evaluation is a foundation for building a solid case strategy tailored to your circumstances.
Negotiating with Insurance Companies:
Dealing with insurance companies after a bicycle accident can be complex and intimidating. An experienced lawyer has the expertise to navigate these negotiations on your behalf.
They'll talk to insurance adjusters to protect you and make sure any settlement offer is fair.
Filing and Handling Lawsuits:
Should negotiations with the insurance company prove inadequate in securing the compensation you deserve, a bike accident lawyer will be well-versed in filing a lawsuit.
They'll manage all legal paperwork, court filings, and procedural requirements, allowing you to focus on your recovery. Additionally, they will represent you in court, presenting a compelling case for your rights and damages.
Seeking Compensation for Damages:
The primary role of your attorney is to pursue compensation for the damages you've suffered diligently. This includes medical bills, property damage, lost wages, pain and suffering, and other related costs.
They'll employ their knowledge of New York personal injury laws to build a compelling case and obtain the maximum possible compensation for your situation.
Leveraging Legal Expertise:
A lawyer specializing in bicycle accidents brings a wealth of legal expertise to your case. They understand the intricacies of New York traffic laws, liability, and insurance regulations.
This knowledge lets them anticipate and counter legal challenges, ensuring you have the most robust case.
How much compensation can I expect?
The amount of compensation that you may receive will depend on:
Extent of Injuries
The severity and type of injuries sustained in a bicycle accident play a significant role in determining compensation. More severe injuries, such as fractures, head trauma, or spinal cord damage, often result in higher medical expenses, long-term care needs, and potentially more significant pain and suffering. These factors contribute to a higher compensation amount.
Medical Expenses
The total cost of medical treatment, including hospitalization, surgeries, physical therapy, and ongoing care, forms a crucial component of compensation calculations. This encompasses current expenses and estimated future medical costs related to the injuries sustained in the accident.
Lost Wages and Future Earning Capacity
If you, as a victim, cannot work due to your injuries, the compensation amount will factor in lost wages. Additionally, if your hurts lead to a reduced ability to work in the future, you may be entitled to compensation for diminished earning capacity. This considers potential future income that may be affected by the injuries.
Property Damage
Compensation for property damage covers the costs of repairing or replacing the damaged bicycle and any other personal belongings affected by the accident. This factor is typically more straightforward based on repair or replacement costs.
Pain and Suffering
This non-economic factor considers the physical and emotional distress experienced due to the accident. Pain and suffering compensation is more subjective and considers factors like the duration and intensity of the pain and any resulting mental or emotional distress.
Insurance Coverage
The insurance policies of both parties involved, including any additional coverage such as underinsured or uninsured motorist protection, will influence the available compensation. A thorough review of all applicable insurance policies is essential in determining the potential compensation amount.
Comparative Negligence In Westchester
In Westchester, New York, comparative negligence plays a crucial role in determining liability and the allocation of fault in bicycle accidents. This legal doctrine is employed to ascertain the degree of responsibility each party has. New York follows explicitly the principle of "pure comparative negligence."
Under this system, the court assesses the percentage of fault attributed to each party in an accident, including the victim. Even if the injured party is found to be partially at fault for the accident, they may still be eligible for compensation.
For instance, if a cyclist is deemed 20% responsible for an accident, they can still claim damages. However, their assigned percentage of fault will reduce the final compensation amount.
Pure comparative negligence is a fair way to handle bicycle accident cases in which multiple parties may be at fault.
This approach recognizes that accidents often occur due to a combination of actions or inactions. Its goal is to divide the blame accordingly.
This system encourages a thorough examination of all contributing factors in an accident. It considers the actions of the parties directly involved and any external elements that may have influenced the outcome. This can include road conditions, traffic signals, and the behavior of other motorists or pedestrians.
It's important to note that New York's pure comparative negligence standard allows for a nuanced liability assessment. This means that even if a bicyclist is determined to be partially at fault, they can still claim damages.
However, it's crucial to have a skilled Bicycle Accident Attorney in Westchester who understands the intricacies of this legal doctrine. They can help build a strong case, presenting evidence that accurately represents the circumstances of the accident and ensures that the victim's rights are protected.
Contact Your Westchester Bicycle Accident Lawyer
At The Ward Law Group, we encourage injured people not to relinquish their rights. We are advocates for injured people in bicycle accidents. You don’t have to pay for the negligent actions of others; the law is there to protect you when these accidents happen.
In the past 12 years, we have helped thousands of people. Our legal team has proven successful, and we have been honored several times for our tireless effort for justice.
Please feel free to contact us at 855-DOLOR-55 for a free case review. We are here to help you through your difficult times.