Steps To Take Immediately After A Bicycle Accident In New York
When you’re in a bicycle accident in New York, the immediate steps you take are not just important-they’re crucial. They can impact your health and any future legal action you might take. As a seasoned New York bicycle accident lawyer, I’m here to guide you through these pivotal moments with practical advice.
1. Ensure Your Safety – First and foremost, move to a safe location if you can. Do not attempt to move if you are severely injured. If the accident occurs near traffic, try to move yourself and your bicycle out of the way of further harm if it’s safe to do so.
2. Call 911 – Even if the injuries seem minor, it’s essential to call 911. Inform the operator that there has been a bicycle accident and specify whether there are any urgent medical needs. The police will document the accident and create a report, which can be critical if you decide to pursue a legal claim.
3. Exchange Information – If another party is involved, exchange contact and insurance information with them. Be sure to get their name, address, phone number, driver’s license number, and insurance details. If there are witnesses, try to get their contact information as well, as their statements could be vital in supporting your case.
4. Document the Scene – Use your smartphone to capture the accident scene, your injuries, and any damages to your bicycle and other vehicles involved. Take shots from different angles and include relevant street signs or signals. This visual evidence can be a game-changer in establishing the facts about the accident.
5. Seek Medical Attention – Visit a doctor as soon as possible after the accident, even if your injuries seem minor. Some injuries, like internal bleeding or concussions, might not show immediate symptoms. A timely medical evaluation will also result in medical records, which are crucial evidence if you seek compensation for your injuries. Remember, your health is the top priority in this situation.
6. Do Not Negotiate with the Other Party – Avoid discussing fault or liability at the accident scene, and most importantly, do not agree to settle the matter without consulting a lawyer. Remember, anything you say can be used against you in future proceedings. It’s best to stay cautious and let your lawyer handle the negotiations.
7. Report the Accident to Your Insurance Company – Notify your insurance company about the accident. Be factual about what happened; avoid making speculative statements or admitting fault.
8. Keep Records – Start a file to keep all your accident-related documents. Include the police report, contact information of all relevant parties, medical records, receipts related to any expenses you incur due to the accident, and a diary of your physical and emotional state following the accident.
9. Consult Our Bicycle Accident Lawyers – Consult with our bicycle accident lawyers who understand New York’s laws and can offer you personalized legal advice. We can help protect your rights, negotiate with insurance companies, and, if necessary, represent you in court to ensure you receive the compensation you deserve. With a lawyer by your side, you can navigate the legal process with confidence.
New York Bicycle Accident FAQs
What should I do if the driver who hit me fled the scene?
If involved in a hit-and-run, try to remember as much as you can about the vehicle that hit you, such as the color, make, model, and any part of the license plate number you can recall. Report this information to the police immediately. Your attorney can help in investigating the scene and might work with local businesses or street cameras to identify the vehicle. In New York, you may still be able to make a claim through your own uninsured motorist coverage or through a special state fund for hit-and-run victims.
How can I prove fault in a bicycle accident case?
Proving fault in a bicycle accident involves establishing that the other party acted negligently. Evidence such as police reports, witness statements, video footage, and accident scene photos can support your claim. An experienced bicycle accident lawyer can help gather and present this evidence effectively to prove the other party’s liability.
Are there special laws in New York that protect bicyclists?
Yes, New York has several laws designed to protect bicyclists. For instance, drivers are required to maintain a safe distance when passing bicyclists and must check for cyclists before opening car doors post-parking. Knowing these specific laws can be crucial in establishing fault and liability in your accident.
What if my child was injured in a bicycle accident?
If your child is injured in a bicycle accident, the legal process might differ slightly. As a parent or guardian, you can file a personal injury claim on behalf of your minor child to recover damages for their injuries. It’s important to speak with an attorney who is experienced in handling child injury cases, as they can provide the specialized guidance needed for such sensitive situations.
Can I claim for damage to my bicycle and other personal property?
Yes, you can claim compensation for any damage to your bicycle and any other personal property damaged during the accident, such as cell phones, watches, or clothing. Be sure to keep receipts or bills for repairs or replacement costs, as these will be necessary when filing your claim.
How long does a bicycle accident claim take to settle?
The duration of a bicycle accident claim can vary widely depending on the complexity of the case, the clarity of fault, the severity of injuries, and the willingness of the insurance company to settle. While some cases can be settled in a few months, others might take years if they go to trial. An attorney can offer a more specific timeline based on the details of your case.
What can I do to strengthen my bicycle accident claim?
To strengthen your claim, seek medical attention immediately, follow all medical advice, and keep records of all treatments. Document everything related to the accident and your injuries. Avoid discussing the incident on social media, as statements made online can be used against you. Most importantly, work with a skilled attorney who can advise you throughout the process and help maximize your compensation.
Is there a difference in handling accidents involving electric bicycles?
Accidents involving electric bicycles are handled similarly to other bicycle accidents, but the higher speeds and increasing popularity of e-bikes can complicate matters. It’s crucial to work with an attorney who understands the nuances of accidents involving different types of bicycles.
What are the most common causes of bicycle accidents in New York?
Common causes of bicycle accidents in New York include driver negligence, such as failing to yield, distracted driving, and opening car doors into a cyclist’s path, as well as hazardous road conditions.
What compensation might I be eligible for after a bicycle accident?
You may be entitled to recover damages for medical expenses, lost wages, pain and suffering, and other related costs.
How long do I have to file a lawsuit after a bicycle accident in New York?
The statute of limitations for personal injury claims in New York is generally three years from the date of the accident. However, this can vary, so consulting a lawyer promptly after your accident is advisable.
Should I talk to the insurance companies on my own?
It’s best to speak with an attorney before discussing your accident with insurance companies. An attorney can help ensure that your rights are protected and that you do not say anything that could adversely affect your case.
Can I still receive compensation if I was partially at fault for the accident?
Yes, New York follows a comparative fault rule, which means you can still recover damages even if you were partially at fault, although your compensation will be reduced by your percentage of fault.
Small Firm Attention With Big Firm Resources
If you or a loved one has been involved in a bicycle accident in New York, it is crucial to take immediate steps to protect your health and legal rights. Contact our New York Bicycle Accident Lawyers at Jonna Spilbor Law by calling our Poughkeepsie office at (845) 485-2529 or our New York City office at (646) 922-9789 to schedule a consultation. Our experienced legal professionals are committed to providing compassionate and effective legal representation to help you navigate.
