Glen Cove Bicycle Accident Lawyer

How We Prove Liability in a Glen Cove Bicycle Accident

We cannot automatically sue everyone else involved in the bicycle accident. The American Bar Association (ABA) notes that the law requires us to prove all of these elements before we can hold someone accountable for your losses:

• Duty of care. The at-fault party must have owed you a duty of care at the time of the bicycle accident. If you got struck by a motor vehicle, the facts of your case likely establish this factor. Everyone who operates a car or truck must exercise care and obey the law.
• Breach of duty. It is negligence when someone fails to uphold their duty of care. For example, driving a car while impaired by alcohol breaks the law and does not constitute the exercise of caution. In this situation, a driver could be negligent.
• Causation. The driver’s careless conduct must have been the act that caused the accident. Going back to the previous example, if the driver’s alcohol consumption caused them to veer into the bike lane and crash into someone on a bicycle, their negligence caused the collision.
• Measurable damages. Even if the other party’s carelessness caused the accident, you still must have quantifiable losses to pursue a claim for compensation.

You do not have to prove all four elements of negligence on your own. When appropriate, we can file a lawsuit to protect your right to compensation. Call us today at (866) 878-6774 to find out how we can serve you.

How Much You Could Recover in a Bicycle Accident Claim

It is not possible to provide an accurate assessment of the dollar value of your losses from a bike accident without first talking to you and investigating your case. There is no set rate for bicycle accident injury claims. The amount of compensation you can go after will depend on the facts of your situation.

Every injury case is unique. People often think of injury claims as only including things like medical expenses, but you might have other losses as a result of getting hurt. Here are some examples of the types of damages you might be able to pursue in your Glen Cove bike accident claim:

• Medical bills for the reasonable cost of the treatment you needed for your injuries, like the emergency room, doctors, hospital, physical therapy, and prescription medications
• Lost wages, salary, self-employment, and other forms of regular income you lost because of getting hurt
• Future medical expenses you will likely need because of the harm from the accident
• Loss of earning potential if you have to reduce your working hours or take a lower-paying position because of your injuries

These are but a few examples of damages a person can seek to recover after a bicycle accident.

The Insurance Company May Not Cooperate During the Legal Process

The law does not force you to work with an attorney on your injury claim, but it can be a smart decision to do so. The negligent party’s liability insurance company will have a

team of people working on your injury claim, all with the goal of paying you less money than you deserve.

Having a Glen Cove bicycle accident lawyer on your side can allow you to focus on your recovery instead of the legal process. Here are some examples of tactics the insurer might use to try to devalue your claim:

The Claims Adjuster May Purposefully Prolong Your Case

New York Civil Practice Law and Rules (CVP) §214 limits the amount of time you have to file a lawsuit. If you miss the deadline, you will lose the right to pursue money from the person who hurt you. Negotiating with the insurer does not extend the deadline. When the deadline passes, the insurer may not have to pay you anything at that point.

The Insurer Can Use Your Social Media Posts Against You

The insurer can get access to your social media accounts and look for ways to discredit your injury claim. You should stay off of social media when you have an injury claim pending. Anything that you post, any comments or photos, can get taken out of context and used against you.

The Insurer May Claim that You Did Not Seek Medical Attention

If you do not complete your prescribed medical treatment, the insurance adjuster could try to pay you less money. The insurer may argue that you would have healed better if you had followed your doctor’s orders.

Call the Law Office of Cohen & Jaffe, LLP Today

An attorney can help you recover compensation for your accident-related expenses. We fight hard to get our clients all the compensation they deserve from the party that hurt them. Our clients know that they can get the rest they need and focus on getting better because we fight their legal battles for them. Call us today at (866) 878-6774 to find out how we can help you rebuild your life.