The latest statistics, compiled by the New York City Department of Transportation, report that citywide there were more than 11,000 bicycle accidents in 2018 with nearly 5,000 cyclists being personally injured. Another 200 died as a result of their accidents. Further, recent media reports indicate that bicycle sales during the pandemic lockdown have soared as New York residents find alternatives to using public transportation. Therefore, It wouldn’t be surprising to see those accident statistics rise in the coming months and years.
If you or a loved one have suffered an injury as a result of a bicycle accident, you should seek the help of a personal injury attorney. At the Law Offices of Jessica A. Almeida, I have been helping clients in all of New York including Manhattan, Queens, Brooklyn, the Bronx, Long Island, and Westchester for more than 10 years. I know how to mediate and litigate to obtain the best result.
Riding a bicycle in New York can be scary business and may result in substantial injuries. Unfortunately, cyclists don’t have the benefit of the protection that a car has and the bicycles are often hard to see. Some of the more common bicycle accidents that occur include:
Being hit by a car making a right turn
Being hit during a left turn
Being hit by a car door
Being hit by another bicyclist
Being hit by a distracted driver
Road or sidewalk defects
Environmental factors such as low visibility
Taking the proper steps after an accident can help your claim down the road. Following an accident be sure to:
Call 911 and obtain a police report with details of what occurred.
Get driver’s and witnesses’ contact information.
Get medical help. Even if you don’t feel injured right away, it's best to get checked out by a medical professional so they can assess the situation and document their findings.
Document the details of the accident according to your recollection as soon as possible. Small details, that can easily be forgotten later on, can be important. Getting pictures at the scene of the accident is ideal.
Hire a personal injury attorney to help you decide the best course of action and guide you through the often confusing compensation process.
Article 51 of the New York Insurance Law maintains that individuals whose injuries are the result of the "use and operation of a motor vehicle" are entitled to compensation. Under the state’s no-fault insurance laws, all New York drivers are required to have personal injury protection (PIP). This no-fault insurance covers the costs of all injuries personally sustained, regardless of who was at fault in the accident.
If you have homeowners’ or renters’ liability insurance, these policies will also often provide you financial protection, even paying for your legal expenses as a cyclist.
In order to file a personal injury lawsuit, the victim must have suffered serious injury as defined by Section 5102(d) of the New York Insurance law The law provides that a serious injury results in:
loss of a fetus
permanent loss of use of a body organ, member, function or system
permanent consequential limitation of use of a body organ or member
a significant limitation of use of a body function or system
a medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person's usual and customary daily activities for not less than ninety days during the one hundred eighty days immediately following the occurrence of the injury or impairment.
New York State laws can present hurdles that the average citizen can have a hard time overcoming. That’s why it’s extremely important to seek legal counsel and representation. The Law Offices of Jessica A. Almeida possess the experience and expertise necessary to navigate these tricky personal injury legal waters.
If you’ve been injured in a bicycle accident I will help you fight aggressively for fair compensation. Let my compassion and expertise be your guide. I proudly serve clients in all of New York including Westchester, Long Island, the Bronx, Brooklyn, Queens, and Manhattan. For a free consultation, contact the Law Offices of Jessica A. Almeida today!