Bicycle Accidents

The New York City Department of Transportation reports a significant drop in the number of serious injuries and fatalities per million cycling trips between the years of 2000 and 2014. In spite of this, more than two hundred New Yorkers experienced serious injuries in 2016 as the result of bicycle accidents. These victims and their families experienced pain, suffering, lost wages, discomfort, and even permanent disabilities as the result of their injuries. The financial consequences of even a minor bicycle accident can be devastating.

The experienced attorneys at Russo Law know how to protect the legal rights of bicycle accident victims. We take the time to get to know their clients and answer questions. This helps us defend injury victims from the tactics insurance companies use to get out of making fair payment for legitimate claims. Call us at (917) 675-6553 or contact us today to schedule your free consultation.

Who is At Fault for a Bicycle Accident?

Some bicyclists may wrongly believe that they are to blame for a bicycle accident. Often, the negligence of another person, company, or government entity can cause a bicycle accident to occur. When it does, the negligent party has a legal obligation to compensate the accident victim for his or her injuries. Here are just some of the entities that might be at fault for causing a bicycle accident:

• A negligent driver who fails to keep a safe lookout for bicycle riders on the road.
• A landowner (such as a shopkeeper) who does not clear snow and ice from the property.
• A streets department that fails to fix potholes, cracks, and other unsafe conditions on the surface of the roadway.
• The manufacturer of a defective vehicle (such as faulty brakes that do not respond to the driver’s attempt to stop and avoid hitting the bicycle).

As you can see, there are many different possibilities. The person (or legal entity) that has an obligation to compensate your injuries will depend on the unique circumstances of your particular accident. This is why it is important to consult with an attorney about your specific case.

What if I Wasn’t Wearing a Helmet?

Helmets are an important piece of safety equipment. They cannot, however, prevent all injuries. Nor does an injured bicyclist lose their legal right to compensation by failing to wear one. The defendant’s insurance company or lawyer might argue that the bicyclist contributed to his or her own injuries by not wearing a helmet. This often leads to a lower settlement offer. In that case, it is important to have the advice of an experienced bicycle accident attorney. An attorney will be able to help you determine if this is a valid defense that a jury is likely to accept. If not, the attorney will help you take your case to trial so that you can have the opportunity to present your case to a jury.

Even in cases where the lack of helmet use did, in fact, contribute to the victim’s injuries, he or she is still entitled to compensation. The defendant is responsible for compensation all financial losses that he or she caused. Thus, the portion of the victim’s damages that were related to a lack of helmet use can be deducted from the total, but the defendant still remains liable for the remaining damages. If such cases, it is important to have the advice of an experienced attorney. An attorney can help prevent this defense from going too far. It is important that the defendant still is held accountable for the losses that were caused by his or her negligence.

The Long-Term Damage That Can be Caused in a Bicycle Accident

Many accident victims - whether on bicycles or other vehicles - find that they don’t have pain immediately after the accident. Often a victim is able to stand up and walk away from the accident. This does not, however, mean that no damage was done. Many types of injuries only reveal themselves after an accident. These can include:

• Concussions and mild traumatic brain injuries. (Common symptoms include headaches, difficulty concentrating, and other cognitive difficulties.)
• Soft tissue injuries (such as pulled muscles, sprains, strains, and other damage to the body’s soft tissue).
• Muscle spasms
• Arthritis (or other osteopathic damage, which can be exacerbated by trauma).

In many cases, the pain and discomfort starts in the hours and days after an accident. In more serious cases (such as arthritis and other degenerative changes), it might take weeks or months for the symptoms to show themselves. It is important to seek the advice of your chosen doctor, and any specialists he or she recommends for consultation before you settle an injury claim for a bicycle accident. The value of your personal injury claim is highly dependent upon the specific injuries you have suffered. Your unique pain, suffering, recovery, treatments, lost wages, and other financial losses are all affected by the types of injuries you have suffered. In order for an attorney to pursue a fair settlement amount, he or she needs medical evidence of the exact nature of your injuries and prognosis for recovery. The more complex your injuries are, the more important it is to obtain clear medical evidence from reliable providers with good reputations in the medical community. An experienced attorney will help you get the medical opinions you need in order to make the best possible recovery and access the best possible compensation for your injuries.

Aggressive Representation of Your New York City Bicycle Accident Claim

If you or a loved one has been injured in a bicycle accident, you need an experienced accident attorney who knows how to fight for your legal rights. Our personal injury attorneys at Russo Law have decades of experience protecting accident victims just like you. Unlike other firms, our attorneys are accessible to clients. We make themselves available for phone calls and in-person meetings to be sure that you are comfortable entrusting your legal claim to us. Call us at (917) 675-6553 or contact us today to learn how we can help.