Injured in a Bicycle Accident in New York
Uploaded on: Jun 14, 2022
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Duration: 2.5 Min

Video Description

Cycling can be a cost effective and convenient way to get where you need to go. Unfortunately, it can also be dangerous. Bikes don’t provide the same level of cushioning from an impact as cars, so accidents between bikes and cars can be very serious for cyclists.

Bike accidents can lead to serious injuries. These injuries often result in high medical bills, missed time at work, lasting pain and suffering, and even permanent disabilities. Getting through the aftermath of an accident can be expensive, so you’ll want a personal injury lawyer to help you get the compensation you deserve.

WHERE DOES COMPENSATION COME FROM?

Compensation for a cyclist hit by a car can come from two different sources. First, if you have a car insurance policy, that policy will include Personal Injury Protection, or PIP, benefits, that will cover you in any accident involving a car, even if you’re on your bike instead of in your car.

If you don’t have a car insurance policy, you can get compensation by suing the driver who hit you. Even if you do have PIP coverage, you may still need to sue the driver who hit you if your injuries are serious. PIP will only pay $50,000 unless you selected a higher policy limit, and it won’t cover your pain and suffering or disabilities. In serious accidents, you may end up with medical bills above the policy limits as well as costs that PIP doesn’t cover at all.

SUING THE DRIVER

In most traffic accident cases, the key question is who was at fault for the accident. This is no different when the accident is between a car and a bike. New York uses a comparative fault model, meaning a jury hears the evidence and then assigns a percentage of fault to each party in the case. Any monetary awards are reduced by your percentage of the fault.

Although cyclists suffer worse injuries than drivers, a jury won’t automatically find that the driver was at fault for an accident. Instead, a jury would look at the situation as a whole and see if either the driver or the cyclist didn’t act with reasonable care. This includes questions like whether the driver or cyclist was breaking traffic laws, whether the driver or cyclist was distracted, or whether one of them could have avoided the accident by stopping or swerving.

Most personal injury cases end in a settlement instead of a jury trial. However, the stronger your case is, the more willing the driver and their insurer will be to settle for a higher amount. An experienced personal injury lawyer can examine all the evidence and build a strong case to get as much leverage in the settlement negotiations as possible.

WHAT SHOULD YOU DO IF YOU’VE BEEN HIT BY A CAR?

If you or a loved one has been hit by a car, contact Rosenblum Law for a free consultation today. Our experienced personal injury lawyers will assess your case and find the best strategy to get you all the compensation you deserve.

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