Westbury Bicycle Accident Lawyer
Bicycles offer many residents of Westbury a healthy and economical way to travel, and many people ride a bike to get to work, run errands, and for exercise. Unfortunately, some of Westbury’s motorists do not respect the rights and safety of cyclists as much as they should.
Drivers assume a duty to protect all other people that they may encounter while on the road, which includes bicyclists. As a result, a driver who causes an accident with a bike rider may carry the responsibility to provide compensation for their losses.
A dedicated Westbury bicycle accident lawyer could help you pursue damages by gathering essential evidence, working to demonstrate defendant negligence, and pursuing your claim for full compensation. Call a skilled personal injury attorney today to get started.
Motorists’ Duty of Care
In exchange for being allowed to drive, a motorist must take care not to cause any undue harm to other people. This is known as a legal duty of care.
If a breach of this duty results in an injury to a cyclist or anyone else, a defendant driver could be required to provide compensation to the injured person. Behavior that could constitute a breach of care includes speeding, failing to yield, ignoring traffic signals, texting while driving, and driving while intoxicated.
In all personal injury cases, the courts must examine the actions of all involved parties in order to assign blame. Under New York Civil Practice Law & Rules §1411, if a court believes that a plaintiff shares some of the blame for an incident, they may reduce their compensatory award by their assigned percentage of fault. A knowledgeable Westbury bicycle crash attorney could help a claimant prove defendant negligence during litigation.
What to Do After Filing a Claim
Filing a claim for damages following a bicycle accident sets off a chain reaction of legal processes. First, an injured person must initiate a claim against the at-fault driver’s insurance policy, which should include a simple statement of fact about how the incident occurred. An insurance company may subsequently initiate its own investigation into the accident.
Victims in bicycle accidents should seek medical attention and actively work to measure their losses, so they can eventually file a demand package with a negligent motorist’s insurance company which outlines their reasons for demanding payment. A seasoned bicycle accident lawyer in Westbury could research and help author a claimant’s demand package to increase their chances of success.
A case may go to court if settlement talks following the submission of a demand package fail, although most cases end with a satisfactory settlement without going to trial. A legal representative who has experience with bicycle accident cases could help a claimant understand the claims process and work to preserve their legal rights every step of the way.
Let a Westbury Bicycle Accident Attorney Help
The days and weeks following a bike wreck can be stressful and chaotic. If you have suffered a severe injury, your focus should be on recovering and getting your life back in order. However, if another party is responsible for your losses following a bicycle crash, you may have the right to pursue compensation.
A Westbury bicycle accident lawyer could take care of the details of your case while you focus on recovery. Call today to schedule an appointment and start working on your case.