Bicycle Accident Lawyers Representing the Injured in the Bronx and New York City
In recent years, bicycles have become commonly used for transportation, in addition to recreation, throughout the Bronx and New York City. Unfortunately, bicycles provide little protection to their riders if they are struck by a larger vehicle. It is quite easy to understand why this is the case: a person driving a car is inside of a multi-ton hunk of metal, while a bicyclist is not. A driver of a car or truck may walk away from a bicycle accident without a scratch, while the bicyclist is very likely to suffer catastrophic injuries or even death in a bicycle accident. Children and adults riding on bicycles when accidents happen often suffer injuries that change the course of their lives. At Jesse Minc Personal Injury Law, our Bronx bicycle accident lawyers can help you or a loved one recover damages if serious injury or death results from a serious bicycle accident in New York City or the Bronx.
Serious Trial Lawyers Representing People Injured in Serious Bicycle Accidents
Drivers often fail to yield to bicyclists, sometimes because they do not expect to see them on the roadway, and sometimes because they do not feel that bicycles on the roads are worthy of respect. All automobile insurance policies are required to provide both no-fault insurance coverage, as well as liability coverage, to bicyclists involved in crashes with any New York motor vehicle. This means that the insurer of the car involved in the crash must pay your medical bills and lost wages up to the no-fault coverage limits, and may be required to compensate you for serious injuries beyond no-fault limits in serious accidents. The minimum in no-fault coverage is $50,000. However, bicyclists often suffer catastrophic injuries or are killed as a result of being struck by a car, particularly if the car is going at high speeds. In these situations, the costs of medical care far exceed the no-fault insurance limits, and can leave injured bicyclists in dire financial straits. If you suffer serious injuries as a bicyclist, our expert bicycle accident lawyers can help you go beyond the coverage provided under no-fault insurance and bring a personal injury lawsuit against an at-fault driver. We have a track record of obtaining millions in compensation for injured bicyclists throughout New York City, and will do the same for you if we accept your case.
Bicyclists can recover damages through a personal injury lawsuit when the other driver was at fault. Bicyclists are not considered to be automatically in the right, and they must follow the same traffic laws as drivers of larger vehicles do. Indeed, the New York Vehicle and Traffic Law (the “VTL”) specifies that the “rules of the road” applicable to all motorists on New York roadways apply equally to bicyclists. In most cases, you will need to prove negligence to recover damages from another party. To establish negligence, a bicycle accident attorney in the Bronx will need to prove that it is more likely than not that the other party had a duty toward you, there was a breach of this duty, there was causation, and actual damages resulted. In most bicycle accidents, these elements are proven by demonstrating that a driver violated a particular section of the VTL and caused a bicyclist to suffer serious injuries.
Sometimes the breach of duty is clear. For example, if there is a red light, and an automobile driver blows through it while distracted, this is a clear violation of VTL Section 1110(a) and constitutes a clear breach of the driver’s duty to use reasonable care while operating their motor vehicle. It may even constitute negligence per se (negligence as a matter of law) if the court believes that there is no question that this violation of the VTL was the exclusive cause of the accident. “Dooring accidents”, a common occurrence throughout the Bronx and New York City, also are usually a result of a driver or passenger’s negligence. Drivers and passengers are obligated to make sure that their side of the car is free of traffic pursuant to VTL Section 1214. Our Bronx bicycle accident attorneys have, in many cases, successfully used VTL 1214 to obtain compensation for a bicyclist who is injured when they are struck by a door that is negligently opened into traffic without regard for the bicyclist’s right of way.
In some other cases, a breach of duty is not so clear and proving the breach requires the skills and experience possessed only by the best Bronx bicycle accident lawyers. For example, the question of right of way at an intersection controlled by a stop sign or an uncontrolled intersection may be unclear; and the only proof may be in the form of conflicting testimony from the parties involved in the bicycle accident. Sometimes a vehicle turning left hits a cyclist who is driving straight. A driver turning left is supposed to yield the right of way, so it is a breach of duty to fail to do so. Our expert bicycle accident lawyers will cross-examine a defendant driver to ensure that the proper facts are exposed, and will invest the necessary resources, such as by hiring an accident reconstruction expert, necessary to prove that you are entitled to compensation even in cases in which fault may seem unclear.
Sometimes, the evidence may suggest that a bicyclist is partially or fully to blame for a bicycle accident. The driver’s attorneys and insurer may try to paint this picture, and it is important not to admit fault when speaking to the other driver or one of their lawyers or insurance adjusters. New York follows the rule of comparative negligence, which means that you can recover damages from the other driver, but your damages will be reduced by your percentage of fault. For example, if the total amount of your damages is equal to $200,000, but you are 50% at fault, you can only recover $100,000 from the driver. Our bicycle accident lawyers will make sure that you obtain the maximum amount of compensation possible if we accept your case by helping you minimize the amount of fault that is attributed to you if we accept your bicycle accident case.
Consult an Experienced Bicycle Accident Lawyer in the Bronx
If you are seriously injured in a bicycle accident at an intersection or on a street in New York City, you should hire an experienced and aggressive trial attorney. By hiring a firm with a track record of success like ours, you increase your chances of settling your case for a the maximum amount of compensation. This is the job of a top Bronx trial attorney with an excellent reputation, and this is what we offer to you if we take your case. Our firm is selective both in the cases that it chooses and the attorneys whom it hires to ensure that we can provide top-quality service and legal representation to every client. We hire lawyers from Top 20 nationally-ranked law schools who are nationally recognized and honored for being at the top of their field, and maintain a stable of top-tier experts including economists, physicians, accident reconstruction experts, engineers, safety experts, life-care planners and other specialists to ensure that you can present the proper proof at trial to ensure that you receive the compensation that you deserve. Our success rate is more than 95% for the lawsuits that we handle. Call us at (718) 354-8000 or contact us through our online form for a free consultation. We also represent people in Brooklyn, Queens, Manhattan, and Nassau, Suffolk, and Westchester Counties.