November 20, 2023
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Reading Time: 7 min
As a bicycle accident lawyer at Cellino Law, I understand the devastating impact a collision can have on your life. Bicycle accident victims can suffer damages like medical bills, lost wages, and pain and suffering. These losses can disrupt your finances, physical health, and emotional well-being. Our firm is here to help you pursue the compensation you deserve through a bicycle accident claim, addressing both economic and non-economic damages. With our experienced legal team, we guide you through every step of the process, from collecting evidence to negotiating with insurance companies.
Bicycle Accidents Can Cause Damages to Pursue in a Civil Claim
When you’re injured in a bicycle accident, the damages can be overwhelming. Severe injuries like traumatic brain injuries (TBIs), broken bones, or spinal cord injuries often require extensive medical treatment, leading to mounting medical bills and time away from work. Economic damages, such as medical expenses, lost wages, lost earning potential, and property damage, can strain your finances. Non-economic damages, including pain and suffering, depression, anxiety, loss of consortium, and loss of enjoyment of life, can affect your mental health and quality of life.
Under New York law, victims of bicycle accidents can pursue compensatory damages for both economic and non-economic losses caused by another party’s negligence. According to New York’s Vehicle and Traffic Law § 1231, bicyclists have the same rights and duties as drivers, meaning negligent drivers can be held liable for accidents. Additionally, New York’s No-Fault Insurance Law (Insurance Law § 5102) may cover some medical expenses and lost wages, but serious injuries often require a civil claim to recover full compensation, especially for non-economic damages like pain and suffering.
At Cellino Law, our bicycle accident attorneys meticulously evaluate your damages to ensure every loss is accounted for. If you’re unsure about the compensation you’re entitled to, contact us for a free consultation to discuss your case and explore your legal options.
Gathering Evidence to Prove the At-Fault Party’s Liability
Proving liability is critical to recovering fair compensation. To succeed in a bicycle accident claim, you must demonstrate that the at-fault party’s negligence caused the accident and your resulting damages. This requires gathering compelling evidence at the scene, such as photos of the damage, your injuries, and the accident site. Additional evidence, like medical records, witness statements, video footage, and police reports, strengthens your case.
In New York, negligence is established by proving four elements: duty of care, breach of duty, causation, and damages. For example, a driver who runs a red light (Vehicle and Traffic Law § 1111) breaches their duty to operate their vehicle safely, potentially causing a collision with a cyclist. Collecting evidence like traffic camera footage or eyewitness accounts can substantiate this breach. Furthermore, New York’s comparative negligence rule (CPLR § 1411) means your compensation may be reduced if you’re found partially at fault, making thorough evidence collection essential.
Our attorneys at Cellino Law are skilled in building robust cases by gathering and presenting evidence to establish liability. If you’re struggling to collect evidence or prove fault, reach out to us for a free consultation. We’ll assess the details of your accident and guide you on the best path forward.
Negotiating a Settlement for Bicycle Accident Claims With an Insurance Company
Negotiating a settlement with the at-fault party’s insurance company is a key step in the claim process. Insurers often aim to minimize payouts, denying claims or offering low settlements to protect their profits. To secure fair compensation, you must present clear evidence of liability and accurately value your damages.
New York’s insurance laws require auto insurers to cover bodily injury liability (Insurance Law § 3420), but minimum coverage may not fully address serious injuries. Insurers may also dispute liability or argue that your injuries predate the accident. An experienced attorney can counter these tactics by presenting medical records, expert testimony, and accident reconstruction reports to substantiate your claim.
At Cellino Law, we handle settlement negotiations on your behalf, ensuring insurers don’t take advantage of you. Our attorneys leverage decades of experience to fight for the compensation you need. If you’re facing pushback from an insurance company, contact us today for a free consultation to learn how we can strengthen your claim.
Do Victims Need Lawyers to Help With Bicycle Accident Claims?
Navigating a bicycle accident claim can be daunting, especially when you’re recovering from serious injuries. Filing paperwork, finding expert witnesses, and handling court proceedings require legal expertise. An experienced bicycle accident attorney can streamline the process, from evidence collection to settlement negotiations or litigation.
In New York, the statute of limitations for filing a personal injury claim, including bicycle accidents, is three years from the date of the accident (CPLR § 214). Missing this deadline can bar you from recovering compensation. Additionally, complex cases involving defective bicycle parts may involve product liability laws, requiring specialized legal knowledge to hold manufacturers accountable.
At Cellino Law, our attorneys have a proven track record of securing fair compensation for bicycle accident victims across New York. We handle every aspect of your claim, allowing you to focus on recovery. If you’re unsure whether you need legal help, contact us for a free consultation to discuss your case and receive personalized advice.
Contact Cellino Law for Help With Bicycle Accident Claims
At Cellino Law, we’re committed to helping bicycle accident victims recover the compensation they deserve. Our experienced attorneys provide informed, personalized legal counsel to guide you through the claim process. Whether you’re in Buffalo, Rochester, New York City, or Long Island, we’re here to support you. Contact us today for a free bicycle accident consultation by calling 888-888-8888 or leaving a message on our online contact page. Let us fight for your rights and help you rebuild your life.
Frequently Asked Questions About Bicycle Accident Claims
Should You File a Police Report After a Bicycle Accident?
Yes, filing a police report is crucial after a serious bicycle accident causing over $500 in damage. A police report documents critical details, such as the accident scene and witness statements, which can support your claim.
In New York, drivers must report accidents causing injury or property damage exceeding $1,000 to the Department of Motor Vehicles within 10 days (Vehicle and Traffic Law § 605). A police report can fulfill this requirement and serve as key evidence in your claim.
If you’re unsure whether to file a police report or how it impacts your case, contact Cellino Law for a free consultation. We’ll advise you on the necessary steps to protect your claim.
Who Can Be Held Liable for Bicycle Accident Claims?
The liable party is typically the driver who caused the accident through reckless behavior, such as running red lights, speeding, or drunk driving. Manufacturers, designers, sellers, or distributors of defective bicycle parts can also be liable if a malfunction causes the accident.
New York’s product liability laws allow victims to pursue claims against manufacturers for defective products under theories of negligence, strict liability, or breach of warranty (General Business Law § 349). Identifying all liable parties is critical to maximizing compensation.
Our attorneys at Cellino Law can investigate your accident to identify all responsible parties. Contact us for a free consultation to explore who may be liable in your case.
What Insurance Covers Bicycle Accidents?
Insurance coverage depends on the accident scenario. In bike-on-bike accidents, the at-fault cyclist’s homeowners or renters insurance may cover damages. In car-bike collisions, the driver’s auto insurance typically applies. If the driver is uninsured, your health insurance may cover some costs, but a civil claim is often necessary for full compensation.
New York’s No-Fault Insurance system covers up to $50,000 in medical expenses and lost wages, regardless of fault, but only for “basic economic loss” (Insurance Law § 5102). Serious injuries exceeding this limit require a claim against the at-fault party’s liability insurance.
If you’re confused about insurance coverage or need help filing a claim, contact Cellino Law for a free consultation. We’ll clarify your options and fight for the compensation you deserve.
Content checked by the personal injury attorney Ross Cellino. As a family man and a trial attorney, I pride myself on winning cases and serving the community. With over 35 years of experience, I understand the function of a jury, how juries arrive at conclusions, and the role that the jury plays in administering justice. I know how to win cases. You can find us in Manhattan, Buffalo, Melville, Rochester, Brooklyn, The Bronx, Queens and other locations throughout New York.