If someone’s careless actions led to your bicycle accident and injuries, you generally have the right to file a lawsuit or seek an insurance settlement. The process involves understanding negligence, gathering evidence, and following legal procedures. New York’s comparative negligence rules, no-fault insurance laws, and strict deadlines for suing municipal entities can affect the outcome.
Taking steps like seeking medical care, filing a police report, and contacting any available witnesses can bolster your claim. When medical bills mount, and you lose income because of your injuries, pursuing compensation becomes a way to handle the financial strain and hold the at-fault party accountable.
Rosenberg & Gluck LLP is based on Long Island and represents injured bicyclists throughout Suffolk County, Nassau County, and the Boroughs. If you were hit while riding and want to explore your legal options, speaking with our experienced Long Island bicycle accident attorneys can be a step toward recovering damages.
Every bicycle accident is unique, but the ability to sue someone for hitting you depends on showing how their negligence caused your injuries. Though the road to recovery might be challenging, you don’t have to face it alone.
Legal Grounds for Suing After a Bicycle Accident
To sue someone for hitting you on a bike, you generally need to show that the individual or entity was legally at fault for the accident. That means establishing:
- Duty of Care: The other party had a responsibility to act reasonably (e.g., obey traffic laws and keep a lookout for others).
- Breach of Duty: They failed to uphold that responsibility (e.g., driving while distracted, failing to follow traffic signals, or otherwise violating safety rules).
- Causation: The breach of duty directly led to the bicycle accident and your injuries.
- Damages: You suffered measurable harm (medical bills, pain, emotional distress, and so on).
If all these elements align, then you have grounds to file a claim or lawsuit. Bicycle accidents typically fall under personal injury law, which covers claims when someone’s careless behavior causes harm to another. In New York, you can seek compensation for economic losses (like medical expenses) and non-economic losses (like pain and suffering).
Negligence and Fault in a Bicycle Accident Case
Negligence in a bicycle accident involves proving that a driver, property owner, or other party failed to act with reasonable care. Courts and insurance companies look at factors like speeding, ignoring traffic signals, or otherwise disregarding standard safe-driving practices. When negligence is clear, the at-fault party can be held financially responsible for your injuries.
Comparative Negligence in New York
New York follows the doctrine of comparative negligence. This rule means you can still recover damages if you are partially to blame for the accident, but your settlement or verdict could be reduced by your percentage of fault. Working with a lawyer who understands comparative negligence is significant for bicyclists because there are times a cyclist’s own actions—such as not using proper lighting at night—could come into question. An attorney can work to minimize your liability and maximize your compensation.
Establishing Liability in a Bicycle Accident Lawsuit
Determining liability involves identifying who or what entity is responsible for causing the collision. Liability might rest with:
- Drivers who operated their vehicles in a careless way.
- Vehicle Owners who negligently allowed an unfit driver to operate the car.
- Municipalities responsible for poorly maintained roads or obstructed signs.
Bicyclists can also share liability if their own negligence plays a role.
Suing a Private Driver
If a private driver hit you while you were cycling, you could bring a claim against that driver’s auto insurance or file a personal injury lawsuit. Insurance companies often investigate to see if the bicyclist followed traffic laws or if they were riding predictably. Proper documentation can help support the claim that the driver was at fault.
Suing a Company or Commercial Vehicle
If you were hit by a truck, delivery van, or other commercial vehicle, the driver’s employer could share liability. Commercial drivers must follow New York traffic laws and specific regulations (such as hours-of-service rules for truckers). If an employer fails to train drivers or maintain vehicles or sets unrealistic schedules that lead to speeding, it might be financially liable.
Suing a Municipality or Public Transit Operator
In cases involving potholes, unsafe road designs, or collisions with municipal buses, the municipality or public entity might be liable. Suing a public entity follows special procedures in New York.
This involves filing a Notice of Claim within 90 days if the at-fault party is a municipality or public authority. For instance, if a pothole on a Suffolk County road caused your accident, you might need to file that notice before you can sue.
Statutes of Limitations in New York (and Nearby States)
Every state sets deadlines for filing personal injury lawsuits, called statutes of limitations. Missing these deadlines usually prevents you from pursuing compensation. In bicycle accident lawsuits on Long Island or the Boroughs, the following general timelines apply:
- Three-Year Statute for Personal Injury: In New York, you usually have three years from the date of the accident to file a lawsuit against a private party.
- 90 Days to Sue a Municipality: As mentioned above, if the case involves a municipality (e.g., a claim against a city or public transit authority), you must file a Notice of Claim within 90 days. If you do not file this notice, you may lose the right to sue altogether. After the notice, there is a one-year-and-90-day limit to start the lawsuit.
- Two Years for Wrongful Death: New York’s wrongful death claims generally must be brought within two years from the death.
- New Jersey’s Two-Year Statute: If you were struck in New Jersey, that state generally has a two-year statute of limitations for personal injury as well.
Staying within these deadlines is necessary for preserving your right to compensation. Working with an attorney early can help you avoid missing any crucial filing requirements.
Damages You Can Seek in a Bicycle Accident Case
Damages represent the financial and personal losses you suffered because of the bicycle accident. Some common forms of compensation that injured bicyclists pursue include:
- Medical Expenses: This can range from ambulance rides, hospital stays, surgeries, medications, physical therapy, and assistive devices like wheelchairs or crutches. Ongoing medical care might also be part of the claim if your injuries are long-term or permanent.
- Lost Income: If you must miss work while recovering, you can recover lost wages during that period. If your injuries reduce your capacity to work in the future, you might seek compensation for future lost income or reduced earning potential.
- Pain and Suffering: These damages address the physical pain and emotional distress caused by the accident. While they are more challenging to calculate than medical bills, they can significantly affect how much you receive in a settlement or verdict.
- Property Damage: Your bicycle might need repairs or replacement, and you might also lose personal items like a phone or helmet in the crash.
- Disfigurement and Long-Term Disability: If the collision causes scarring, limb loss, or other permanent conditions, compensation might address the lasting impact.
- Wrongful Death Damages: If a family member died in a bicycle accident, survivors could pursue a wrongful death case that seeks funeral expenses, lost financial support, and other losses related to the untimely passing.
Collecting Evidence for a Strong Claim
Evidence is key in any personal injury claim. Insurance adjusters and courts expect to see proof of how the accident happened, who caused it, and the extent of your injuries. Here are some key forms of evidence that could strengthen a bicycle accident claim:
- Police Reports: Officers who respond to the scene typically write an official report noting details like time, place, weather conditions, names of involved parties, and an initial assessment of fault.
- Witness Statements: Neutral witnesses can provide firsthand accounts. Their statements often hold weight with insurance companies and jurors.
- Traffic Camera Footage: Video footage can show the sequence of events leading up to the collision. This might provide undeniable proof of negligence or wrongdoing.
- Photographs and Videos: Images of damage to your bike, the other vehicle, and the surrounding roadway can reveal skid marks, debris, or other indicators of fault.
- Medical Records: These establish the nature, scope, and severity of injuries. Records also tie the injuries directly to the accident.
- Expert Opinions: Certain specialists, such as accident reconstruction professionals, might offer analyses regarding speed, vehicle positioning, or the physics of the collision.
- Repair or Replacement Estimates: If your bike or other personal property was damaged, cost estimates or invoices show the financial losses you incurred.
Collecting and organizing all these materials can take effort. It helps to keep digital and physical copies of everything in a single, organized location.
Why Work with a Bicycle Accident Attorney?
Don’t try to file a claim on your own. By working with Rosenberg & Gluck LLP, you gain a legal team with the resources to handle your insurance claim from start to finish. Our attorneys have extensive experience handling bike crash claims and are ready to be your advocate. A bike accident lawyer can:
- Investigate the accident thoroughly by interviewing witnesses, collecting traffic camera footage, and consulting with professionals who can analyze the scene.
- Handle insurance negotiations to pursue fair compensation for your medical bills, lost wages, and pain. Insurance adjusters often try to minimize payouts, so having someone who understands the system can be beneficial.
- Help meet legal deadlines by filing the correct paperwork on time, such as a Notice of Claim for a municipality within 90 days.
- Represent you in settlement talks or in court if the case proceeds to litigation.
Having guidance in these processes can allow you to focus on healing. A lawyer is an advocate for your best interests. Injured cyclists sometimes feel overwhelmed by complex legal rules, medical bills, and insurance adjusters. An attorney can help reduce that stress, especially when dealing with at-fault parties who might try to shift blame.
Working Toward a Settlement vs. Going to Trial
Once you file a personal injury lawsuit, you might reach a settlement with the at-fault party’s insurance company before trial. Settlements are agreements to end the legal dispute in exchange for a specific amount of compensation. Whether to settle or proceed to trial depends on factors like:
- Strength of the Evidence: Clear evidence of negligence or serious, well-documented injuries often leads to better settlement offers.
- Extent of Damages: Cases with substantial injuries or complex damages might require more thorough litigation before the insurance company or defendant is willing to pay fair compensation.
- Insurance Company Tactics: Some insurers initially offer low amounts. Persistence and well-prepared evidence might increase a settlement’s value.
- Personal Considerations: Trial can be lengthy and stressful. Some plaintiffs prefer a settlement if it meets their financial needs.
A settlement can reduce risk and provide funds sooner. However, if the insurance company refuses to make a fair offer, going to trial might be the better path. Evaluating each option with a lawyer can help you make an informed decision.
Insurance Considerations for Bicycle Accidents
Insurance coverage plays a big part in whether you can recover enough compensation to handle your medical bills, lost wages, and other expenses. In New York, the no-fault coverage system might come into play if a motor vehicle was involved. Under the no-fault system, the driver’s insurance pays for certain losses regardless of who caused the crash.
That said, no-fault insurance has limits. Once injuries exceed certain thresholds—such as permanent injuries, broken bones, or significant disfigurement—you may step outside the no-fault system and file a liability claim against the at-fault driver.
If the at-fault driver lacks proper insurance or flees the scene (hit-and-run), you might pursue compensation through your own insurance policy, assuming you have uninsured/underinsured motorist coverage. This coverage helps fill gaps when the driver’s coverage is not enough to handle all your expenses.
Local Considerations When Bringing a Bicycle Accident Claim on Long Island
Bicycle accident claims follow the general rules of personal injury law in New York, but there are also some local considerations:
Local Road and Traffic Patterns
Long Island has highways like the Long Island Expressway (I-495) and major local roads with a high volume of traffic. Collisions often happen at intersections, merges, or road-shoulder areas.
Town and County Roads
Different municipal agencies might be responsible for local streets, affecting who you sue in a road-maintenance-related accident.
Shared-Use Paths
Some towns feature bike paths and lanes. Accidents in these areas could involve other cyclists or joggers, leading to different liability questions than a typical car-bike crash.
Rosenberg & Gluck LLP, based on Long Island, regularly handles bicycle accident claims for residents across Suffolk County, Nassau County, and the Boroughs. Our legal team is familiar with local roadways, paths, and traffic patterns. When a collision leaves you or a loved one injured, local attorneys can help you manage these region-specific challenges.
Contact Rosenberg & Gluck if a Bike Accident Injured You in New York
Long Island’s scenic roads and coastline paths make cycling a popular choice for commuters and fitness enthusiasts alike. Unfortunately, heavy traffic in Suffolk County, Nassau County, and the Boroughs can lead to dangerous collisions involving cars, trucks, or other cyclists.
Bicycle accidents can result in life-altering injuries, including broken bones and head trauma. Recovery may involve extensive medical treatment, time away from work, and long-term rehabilitation. With so many worries, you might be wondering if you have legal options after a collision.
If someone else’s negligence caused your bike accident, you have a path to pursue financial compensation. In New York, this often means showing that a driver or other responsible party acted carelessly, whether by speeding, failing to yield, or using a phone behind the wheel.
Long Island personal injury lawyer is here to help. We understand how overwhelming a bicycle accident can be, and we’re prepared to guide you through your next steps. Contact us today to discuss your case and learn more about seeking the compensation you deserve. Call our Long Island office at 631-451-7900 or contact us online.
