Queens Bicycle Accident Lawyer
New York City has seen a rise in commuters choosing to ride bicycles instead of driving or taking public transportation. Unfortunately, with this rise in bicycling, there has also been an increase in bicycle-related accidents.
A bicycle accident can result in serious injuries such as broken bones, spinal or skull injuries, and in some cases, can be fatal.
The severity of these injuries makes it a good idea to speak with a Queens bicycle accident lawyer. Your skilled injury lawyer can deal with the legal aspects against the other party and their insurance company, while you focus on healing and moving forward.
Statistics on Queens Bicycle Accidents
In 2014 the Department of Transportation found that there were 947 injuries in Queens caused by a bicycle accident with a motor vehicle. That number went up by 40 more people when considering all crashes involving cars and bicycles in Queens. That same year there were five fatalities involving bicyclists and cars.
Queens Bicycle Laws
Bicyclists are expected to follow the traffic laws of the road, including that they must drive with the flow of traffic. One of the most common causes of bicycle related accidents are when cyclists drive against traffic.
Although New York has several bike paths created for cyclists, they are not required to use them and can instead ride on the path or the roadway. People should be aware that bike paths are different from bike lanes, as cyclists are required to stay on a bike lane if it is available.
Even though most counties in New York (except for Erie and Rockland counties) do not require adults to wear a helmet, wearing one will greatly reduce the severity of injuries if involved in an accident.
The law also requires that the bicycle be equipped with a bell or horn, and depending on the time of day it is being used must have reflective lighting. Bicyclists must report any accident that involves death or serious injury to the DMV.
Statute of Limitations for Bicycle Accident Claims
New York law has a statute of limitations where a person has three years from the date of the accident to bring a claim against a driver that caused their injuries. However, they should not wait too long to bring their claim as it can make it harder to prove their case the longer they wait.
Drivers are required by law to exercise due care to avoid accidents with bicyclists. If a person has been involved in a bicycle accident, then their Queens bicycle accident lawyer will have to prove that the other party was negligent.
To prove negligence, an individual’s lawyer must prove that the other side owed a duty of care to them, in this situation it would be that the driver owes a duty of due care to avoid accidents. Then their lawyer must show that the driver breached that duty of care.
Next, it must be proven that this breach of duty is the actual and proximate cause of their injuries. The last element requires showing that they suffered injuries because of the other party’s negligence.
Talk to a Queens Bicycle Accident Attorney Today
If you have been involved in a bicycle accident the last thing you need to worry about is making sure you fill out all the correct forms and on time. By having a lawyer advise you, you can at least reduce your concerns about the legal aspects of the accident.
If you do not want to go through a potentially lengthy court process you can also have your Queens bicycle accident lawyer help you negotiate a settlement on your behalf.
Your lawyer can work with the other side, and more importantly with their insurance company, to get you an amount to cover your losses.