Bike riders have every right to be on the streets and roads, no matter what some drivers might say. It is a common misconception that bikes must always yield to vehicles, and this misunderstanding often leads to accidents. If you were on your bicycle when a car struck you, you might be very badly hurt. Do not allow a negligent driver to get away with hurting you. Contact an attorney for help.
Bike accidents often happen in places where bikes and vehicles must share space. Intersections and bike lanes on busy streets are hotspots for accidents, and bikers are usually badly hurt. Since bike accidents involve vehicles, they are generally considered auto accidents, and your case might be governed by New York’s no-fault insurance laws. If you do not have insurance because you do not drive or you can step around the insurance rules, you may file a lawsuit. Our team can help you assess your damages and prepare your case while you recover from your injuries.
Speak to our bicycle accident attorneys for a free case assessment by calling The Martello Law Firm at (914) 685-6950.
How You Might Be Injured in a Dobbs Ferry Bicycle Accident
Bike collisions frequently occur in areas where car traffic is dangerously close. Still, other accidents might involve vehicles that are parked near bike lanes, and the vehicles are stationary. Our bicycle accident lawyers will help you determine who should be held responsible for your damages based on details from the collisions, including the location, your injuries, and other evidence.
Bike lanes exist on many streets and roads, and they are to be treated with the same respect and courtesy as ordinary traffic lanes. Unfortunately, drivers do not always feel the same way. Drivers often veer too close to bike lanes, and they sideswipe bike riders. While the driver is largely unharmed in this kind of accident, the bike rider might be violently thrown from their bike onto the pavement or into oncoming traffic.
Dooring accidents tend to happen when bike lanes are alongside parking lanes. Someone parked in a car might throw their door open to exit their vehicle without looking behind them first. An oncoming bike rider who is too close to stop might collide with the open car door. Even though the car is not moving in this scenario, the accident might still inflict serious injuries. Bike riders are often moving fast enough to cause severe injuries if they collide with a stationary object.
Intersections are another hotspot for bike accidents. A bike rider might be riding straight through an intersection when a vehicle next to them decides to turn, colliding with the bike rider. Drivers should yield to bike riders before completing their turn. If you get hit, the driver should be held liable.
How to File a Bicycle Accident Case in Dobbs Ferry
Beginning a bicycle accident claim in New York is no simple task. You might have to navigate New York’s complex no-fault insurance rules related to auto accidents. If you were hit by a car while riding your bike, your accident may be considered a vehicle accident for insurance purposes. According to I.S.C. § 5104(a), injured victims must file claims with their no-fault insurance policies. This is contrary to other states where injured victims file claims with the other driver’s insurance. In New York, you may be covered by your own personal injury protection insurance, which covers you regardless of who is at fault. Under the law, lawsuits are off-limits unless the plaintiff has a “serious injury.”
Serious injuries are described under § 5102(d). It includes various long-term or permanent t injuries such as serious disfigurement, dismemberment, fractures, death, loss of a fetus, limitation or loss of organs or bodily systems, and medically determined, non-permanent injuries that keep you from doing normal daily tasks for at least 90 days during the 180-day period immediately after the crash.
If you experience a serious injury, which many injured bike riders do, you must file your case within the limitation period established by the statute of limitations under C.V.P. Law § 214. You only have 3 years from the accident to get your case into court. Considering how long it might take to prepare a case, especially one with complex facts, it is best to get started as soon as possible.
Evidence to Back Up Your Bicycle Accident Claims in Dobbs Ferry
The key to getting fair compensation for your injuries is having proof of the defendant’s negligence. Depending on where your bicycle accident occurred, there might have been security cameras nearby that recorded everything. Maybe there was a business with cameras or a nearby parking garage. Maybe the driver had a dashcam. If we can get video footage of the collision, you might have a much stronger claim.
Bike riders are often found near other people on the street or sidewalk, and numerous pedestrians or even other bike riders may have seen your accident. If we can get witnesses to testify in court on your behalf, we might be able to convince a jury of your claims. The more witnesses who can back you up, the better. If possible, get the names and contact information of people nearby immediately after the crash. If these people leave the scene before they can be identified, we might never find them.
We might also use your medical records after the collision. If you were treated for your injuries, there should be medical records with clear details of how you were hurt, how you were treated, and the costs of treatment. These records may be incredibly important in proving the extent of your injuries. In some cases, medical records can be difficult to gather, and our team can help you.
Talk to Our Dobbs Ferry Bicycle Accident Lawyers About Your Case Today
Speak to our bicycle accident attorneys for a free case assessment by calling The Martello Law Firm at (914) 685-6950.
