Riding a bike is a great way to get around the Jamaica area. While it is a convenient mode of transportation, bicyclists are at a higher risk of injuries and accidents because they lack the protections that cars and other vehicles have. Other drivers may not see you on a bicycle, or they drive recklessly and cause you harm. If you have sustained injuries due to someone else’s negligence, you have the right to seek justice and compensation for your losses.
At the Law Office of Cohen & Jaffe, our dedicated team offers high-quality legal services to victims in the Jamaica, New York area as we have for years. We have extensive knowledge of bicycle accident claims and understand that every case is different. Our compassionate attorneys may be able to work with you to come up with the best path forward and help you understand all aspects of your case.
Proving Fault in Jamaica, NY Bicycle Accidents
If you sustained injuries in a bicycle accident due to another party’s negligence, you carry the burden of proof. This means you have to present evidence that proves the following:
- The negligent party owed you a duty to uphold a standard of care.
- They breached this duty.
- Their reckless actions caused your injuries.
- Your injuries resulted in damages.
While carrying the burden of proof may seem intimidating, you can take steps after your accident to gather evidence, like taking photos and videos of the scene and writing down witness information. This way, you do not have to rely solely on your memory and can capture the scene undisturbed.
We understand it may be challenging to determine who may be at fault for the accident because of potential shock and adrenaline, so we may help you identify a responsible party, which may be one of the following:
- Another driver: A car or truck driver may be at fault for the accident if they behaved recklessly, drove while distracted, or drove under the influence of drugs or alcohol.
- A driver’s employer: If someone was driving for their job, their employer might be liable for the accident.
- Manufacturer: Perhaps a defective part of a vehicle or your bicycle caused the crash. In this case, the manufacturer of that part could be responsible.
- A property owner or government agency: Property owners are responsible for maintaining their roads and clearing them of debris. So, if a poorly maintained road caused the accident, the owner of that road may be liable.
- A pedestrian: If a pedestrian jaywalks or ignores walking signals and does not leave you enough time to stop, they could be responsible for the crash.
Depending on the circumstances of the accident and your position in it, you may not recall or see who caused it. We may be able to help you gather evidence like police reports, video footage, and witness testimony to clear up all details and determine whose negligence caused your injuries.
What Potential Damages Can Your Recover After a Bicycle Accident in New York?
Treatment and lifestyle changes after a bicycle accident can be expensive. If someone else’s negligence caused your injuries, we may be able to help you recover the following damages:
- Current and future medical bills
- Ambulance ride
- Lost wages from missed work
- Pain and suffering
- Reduced life quality
- Property damages
- Prescription medication costs
- Hospital bills
- Physical therapy
- Punitive damages
When it comes to damages, it is important to understand that New York is a comparative negligence state. This means each party involved receives a fault percentage based on their contribution to the accident, affecting their compensation. For example, if you are found 15% at fault for the accident, your damages are reduced by 15%. Working with our experienced bicycle accident lawyers gives you better chances of receiving a fair settlement and avoiding an unjust fault percentage.
How Do New York Bicycle Accident Claims Work?
Because every bicycle accident case is different, they tend to be complex. Therefore, contacting a bicycle accident attorney right after your accident is one of the best steps to improve your chances of receiving the compensation you deserve and getting your claim submitted on time. This way, you do not have to go through the process alone, and you can focus on recovery.
Statute of Limitations
It depends on the facts but some statutes of limitation time periods are as short as 90 days from the date your accident occurred so it’s important to consult with an attorney as soon as possible. With our seasoned attorneys by your side, you can have the confidence that your claim will be submitted on time and properly.
New York’s No-Fault Policy
New York operates under a no-fault system when it comes to bicycle accidents. This means each party must go through their own insurance company to recover damages. The at-fault driver’s insurance company may also have involvement, depending on your injuries. We understand negotiating with insurance companies and keeping track of offers can be stressful. We may be able to handle all of that for you to achieve fair compensation.
Seek Help from Trustworthy Jamaica, NY Bicycle Accident Lawyers at the Law Office of Cohen & Jaffe
After sustaining injuries in a bicycle accident, recovery should be your top priority. This is not always easy due to the legal processes that follow these accidents. But, with the help of our devoted legal team, you can relieve your stress knowing we are effectively representing you and working tirelessly to achieve a successful outcome.
The bicycle accident lawyers at the Law Office of Cohen and Jaffe are well-versed in New York bicycle laws and the claim process, so we help ensure your filing process goes smoothly. We commit ourselves to fighting for your rights and preventing insurance companies from lowballing you. While our attorneys do everything they can to settle your case outside of court, they can take it to trial if necessary. To schedule a free consultation, call us at 718-280-5337 or fill out our contact form. For more information about our legal team and services, subscribe to our YouTube channel.
For a free legal consultation with a bicycle accidents lawyer serving Jamaica, call 516-358-6900