Bicycle and bus accident lawyer in New York
Protecting victims of bus and bicycle accidents
Even if bicyclists wear helmets and protective gear, they’re often most at risk for accidents, especially along busy New York streets. Whether they’re bike messengers, biking to work, or simply riding for pleasure, bicyclists might not always see the dangers around them. These include cars, tractor-trailers, buses, and other vehicles.
Sometimes, bike accidents result from a negligent driver’s actions. This means that the driver failed to operate the motor vehicle as a reasonably prudent person would under the same or a similar situation.
Among the most common types of bike crashes are collisions with other vehicles or open vehicle doors. Vehicles may also fail to yield to the right-of-way at intersections and smash into oncoming bicyclists. Collisions can involve trucks and buses that seek to intimidate riders with the force of their vehicles in a David versus Goliath street battle that ends with an injured bicyclist and property damage.
Bike accidents may be traumatizing and life-changing. Because of the nature of the open space and general lack of protection around them, bike riders’ injuries may be more severe than those from other motor vehicle accidents. They can include:
- Head trauma
- Back injuries
- Brain injuries
- Spinal cord injuries
- Neck injuries
- Loss of vision, hearing, or limbs
Studies have shown that bike helmets help prevent minor head injuries. They aren’t designed to sustain traumatic brain injuries from a high-speed impact, such as diffuse axonal injury (DAI) or a subdural hematoma (SDH).
If you think you have a claim, call (866) WAS-HURT or contact us online today.
What Are My Rights?
According to the New York State Vehicle and Traffic Law, bicyclists have the same rights as other vehicle operators, and like them, they must obey the rules of the road. State law doesn’t require adult bicyclists to wear helmets, but bikers and passengers under age 14 must wear protective headgear. Children under age one can’t ride as passengers on a bike, either.
Under New York’s No-Fault Law, bicyclists are considered pedestrians and in most situations, qualify for no-fault coverage. These benefits pay up to $50,000 in lost wages and medical bills. Simply put, “no-fault” means that determining who caused the accident isn’t required. So, if the driver of the vehicle who hit you was insured, their insurance will pay for your medical expenses, bike repairs, and any lost wages.
Your Time Limits to File a Claim
If you don’t file a claim in time, you can’t get compensation. As part of the process, your medical providers must bill the no-fault insurance company within 45 days of your treatment. You must also undergo medical exams at the insurance company’s direction.
From the time you were injured in an accident, you have up to 30 days to file a no-fault claim. For personal injury lawsuits, you have three years to file from the date of the accident. It’s best not to wait, as witnesses can become unavailable, memories may fade, and crucial evidence can wear away over time.
Scott Baron & Associates has fought hard for many New York bicycle accident victims. If you or a loved one have been injured in a bicycle accident, call (866) WAS-HURT or contact us online today. We specialize in handling serious bicycle accident cases and have recovered several high-value verdicts and settlements for our clients.
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