Car Accident Damages: What You Need to Know About Bicycle-Car Accidents in New York

Car Accident Damages: What You Need to Know About Bicycle-Car Accidents in New York
Calendar icon November 27, 2020

Riding a bicycle is a wonderful way for recreation and eco-friendly transport. But, even with marked bike lanes, cyclists are at risk of ending up in a collision with a motor vehicle.

Besides the helmet, nothing else keeps the cyclists safe from the impact, which is why these people end up with severe injuries (just like pedestrians and motorcyclists).

With the high amount of motor vehicle traffic on the roadways, damages on the roads (road hazards, ice damages, etc.) bicycle accidents are becoming more frequent than ever. Cyclists themselves can be at-fault for the accident as well, but the number of these cases isn’t as high as when the crash happens because of another driver or road hazard.

If you are one of the 50,000 cyclists that sustain bodily injuries (per year) and experienced your vehicle accident in New York, it’s time to seek help from a bicycle accident attorney.

Compensation for a Bike Accident

Even if you were involved in a minor accident, you could still end up with severe injuries like broken bones, spine, or traumatic brain injuries. You will have to go through a lengthy medical treatment and that will cost you money.

Most people ask who will pay for these expenses. New York is a no-fault state, which means the law requires that the other driver’s no-fault insurance will cover the injured cyclist’s medical fees no matter who caused the accident. Often the payment of medical bills alone is simply not enough. When a cyclist ends up with serious injuries because of the driver’s fault, or if the cyclist’s medical fees are higher than $50,000, New York law allows the injured cyclist or their family to seek a personal injury claim against the at-fault driver.

Injuries are considered “serious” under New York law if they result in fracture, disfigurement, permanent loss of use of a body organ or body part, or death. In these cases, the injured cyclist can seek a claim for economic damages and non-economic damages in court. Economic damages include medical expenses related to the accident (past and present), with past and future lost wages, property damage, and any other expenses or losses the cyclist has as a result of the accident. Non-Economic damages will cover pain and suffering, permanent scarring and disfigurement, loss of society, or a spouse.

Typical Injuries typical in a Bicycle-Car Accident

Nothing protects cyclists from the impact. There is no seat belt, airbags, or actual shield in the form of doors or windows. In most cases, cyclists end with fractures. Head trauma is a frequent injury since the head is the most vulnerable part of the body. The injury occurs in most cases when the cyclist hits the ground.

Should You Talk to the Insurance Company After a Bicycle-car Crash?

The insurance company is protecting you from bicycle accidents as well. In New York, the car that hits you is the initial insurance coverage for the no-fault benefits, pain, or suffering, or bodily injury benefits. Your insurance can protect you for further no-fault benefits and for extra benefits; they can provide you with additional personal injury protection and protection for bodily injury, pain and suffering compensation (this depends if your personal limits are higher than that of the car that hit you).

Many New York cyclists wonder if they should talk to the insurance company if a car struck them. The only way you should address your insurance company is after you hired a personal injury attorney. Reporting the accident on your own can be risky since they will ask you a million questions. Whatever you say will be used to down pay you. Every question is tailored to benefit the insurance company, not you.

Your lawyer will know exactly what to tell them. And no matter whose fault the accident was, your attorney will not quit until you get the deserved claim.

Insurance companies would offer a low claim at first. Many people who try to do this on their own, would accept the low offer and the case is closed. Your lawyer will negotiate until the amount is high enough to cover all your economic and non-economic damages.

The only thing you should do is get medical help as soon as possible and when you feel well enough consult an attorney. Cellino Law attorneys have experience with such cases. We’ll gladly evaluate your case for free and advise you on your next steps. Don’t wait and make sure you file for your claim on time.

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Testimonials

  • Choosing the right attorney to represent you after an accident can make all the difference. This is no cliche. I recently experienced these words to live by first hand. After a tractor trailer rear ended me at high speed in 2017 I retained Allan Silverstein to handle my case. I quickly realized that bringing a lawsuit rapidly snowballs into a mountain of details that can make or break your results. Documents, case histories, doctor visits, bills, and lots of phone calls all need to be accurately kept track of if a successful outcome it to be attained. To complicate matters I reside in New York and the incident took place in New Jersey. Luckily, Allan was licensed in multiple states. I was fortunate to find Allan to handle this matter from the New York area. Armed with an accurate account of the facts Allan went to work on the difficult job of negotiating with the defending insurance company as well as my no fault carrier in order to obtain the best possible outcome for my set of circumstances. In a lawsuit communication is key and and events can be of a timely nature. Allan never failed to return my calls - usually the same day! He fought skillfully and respectfully to get me the best possible settlement. He is easy to deal with and a likeable down to earth guy. He always listened with compassion and respect to my issues. He guided me with objective understanding as well as a realistic analysis of the merits of my case. When we finally settled Allan got me a fair agreement beyond my expectations and negotiated with my doctors to make sure all my bills were paid. It was a great experience having Allan represent me. Quality work in any aspect of life is hard to find. Quality is what I got with Allan Silverstein. I highly recommend him if you find yourself in need of a personal injury attorney.

    Theodore

  • I am writing to let you know what an outstanding job George Gridelli did for me in my personal injury lawsuit. His professionalism and expertise were evident at our first metting and he and his paralegal Diane D'Andrea took care of me as if I was a friend and not merely a client. They both went above and beyond for me in so many ways that it would be too numerous to list and I am grateful to have had such an exemplary team represent me. When working with George and watching him in court he personified to me what a lawyer is supposed to be - an honest, extremely compentent man who helped guide me through the legal system. I could not have obtained better representation anywhere else at any price. To me that says a lot abut you and your firm's integrity. Thank you again for representing me and for having such stellar individuals working for you! I will continue to recommend your firm.

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