Long Island Bicycle Accident Lawyer
Given the nature of a bicycle accident, cyclists often sustain serious or catastrophic injuries, including head injuries, spinal cord damage, shattered bones, internal injuries, and amputations. New York laws provide recovery options for bicycle accident victims, but the state imposes strict time limits on when you can file a claim.
If you or a loved one were recently hurt riding a bike, call a Long Island bicycle accident lawyer from Goldstein & Bashner for a free consultation to discuss your legal rights and responsibilities. One of our experienced injury attorneys in Long Island can help walk you through the process and ensure that your claim is as strong as possible.
What Constitutes a Bicycle Injury Claim?
New York is a no-fault accident state, which means that victims turn to their own insurance company for most of their injury-related expenses after a crash. Fault and negligence do not come into play in no-fault auto accident claims; your contribution to the accident does not bar your right to recovery. This includes drivers, passengers, pedestrians, and cyclists.
New York law requires every driver in the state to carry no-fault or Personal Injury Protection (PIP) insurance. The minimum coverage allowable is $50,000, although drivers also have the option of purchasing additional PIP coverage.
As an injured bicyclist, an individual or their Long Island bicycle accident lawyer can submit a no-fault claim to the driver’s insurance company. If you also carry auto insurance, you may submit a copy of the claim to your own insurance company. Time is of the essence. You have only 30 days from the date of the accident to submit a no-fault claim. Failure to do so nullifies your rights to benefits.
If you pursue a civil suit and win your case, you may receive damages that exceed those of a no-fault claim. You can also recover:
- Current and future medical bills, including rehabilitation, physical therapy, and in-home care
- 100 percent of your current and future lost income
- Disability, disfigurement, and scarring
- Emotional damages, such as pain and suffering, mental anguish, and resulting emotional disorders
And unlike the $50,000 cap on no-fault claim, there is no ceiling for bicycle accident lawsuit awards. In other words, you can fully recover with the help of a Long Island bicycle accident attorney and “be made whole.”
No Fault Insurance Coverage
No-fault insurance covers your basic economic losses after an accident. It does not include emotional damages like pain and suffering. You can recover up to $50,000 for the following benefits:
- Medical bills, including all necessary doctor and hospital bills and other health service expenses
- Eighty percent of your lost wages (The maximum amount of wage replacement you can recover is up to $2,000 per month for no more than three years.)
- Up to $25 per day for other reasonable and necessary expenses for up to one year (Examples include the cost of hiring a housekeeper or medical treatment-related expenses)
- A $2,000 death benefit, payable to the deceased’s estate
When the injuries are serious, $50,000 might just be a drop in the bucket. Some bicyclists might retain the right to sue the at-fault party and obtain a fuller recovery.
If your injuries meet the state’s definition of “serious” or if the insurance coverage is inadequate, you can file a lawsuit against the driver with the help of a Long Island bicycle accident lawyer. Of course, the other party is only liable for your damages if she caused or contributed to your accident. If you were totally at fault, you will need to turn to your own resources to pay your bills.
In order to establish the driver’s liability, you must show that the driver’s negligence or carelessness caused your accident. For example, the courts will probably deem the driver negligent if she was intoxicated, distracted, speeding, failed to yield right-of-way, did not look before entering the roadway, or otherwise acted in a risky way.
Drivers are not always the only at-fault party. If your bicycle accident occurred because of a faulty bike part, the proper recourse is to file a product liability suit against the manufacturer. Similarly, if your accident occurred because of a hazard in the road, then a governmental agency might be responsible. For help identifying liability and exploring legal options.
Filing a bicycle accident claim on your own is not the best idea, especially when your focus should be on recovering from your serious injuries. There are numerous damages you might be entitled to that you might overlook on your own.
A Long Island bicycle accident attorney can:
- Ensure you meet all claim deadlines
- Help you file forms and requested documents
- Explain your rights to you so you can make informed decisions
- Help you gather necessary supportive documents
- Review any settlement offers and advise you of whether they are fair
- Negotiate with the insurance company for a higher settlement
- Prepare your case for and represent you in court, if litigation is necessary
- Fight for your best interests so that you can secure the funds you need to take care of your injuries and future expenses
In our years of service, our bike accident attorneys have developed the skills and built the resources and local connections necessary to settle cases efficiently and in our clients’ favor. Our team is made of capable negotiators and litigators so we can handle even the most challenging bicycle accident cases. We feel strongly that every injured New Yorker should have access to legal counsel when they have been hurt by others. That is why we offer our personal injury services on a contingency basis, which means we do not collect any legal fees until we win your case.
By: Linda Cuccurullo
Title: Brother and Sister
Hi, i want to acknowledge NEIL GOLDSTEIN, ESQ. as my attorney for over 4 years. He has a way about him that you could be YOURSELF. You know how things take forever and waiting for paper work and you want to scream. Well what i meant by being YOURSELF is he got to know my family and never gave up on me no matter how hostile, frustrated or annoyed i got with him. We were like brother and sister at odds at time. But i truly Love this man for NEVER giving up on me and becoming a part of my life and being so truthful even when I didn't think things should be so difficult. LIFE IS WHAT IT IS -- and this man will tell you whats the truth and nothing else -- whether I wanted to hear it or not. But I made like i new the Law more than him. I would recommended him to anyone who wants to get the best for you (no matter how long it takes). He will never leave you hung out to dry. I'm crying now cause we were like brother and sister, yelling, talking over each other and just like we knew each other forever. Like I said it was great to be able to be MYSELF. I' will still call him after our case ends -- cause I miss him already.