The Bronx has created more than 100 miles of bike lanes and paths to encourage this type of travel. However, established bike lanes and even entire paths devoted to the use of bikes cannot totally prevent accidents between bicyclists and other motorists. Due to the nature of these accidents, bike riders rarely escape from these collisions unharmed. Many injuries are severe enough to require months of painful rehabilitation and doctor visits. Whenever these injuries occur due to accidents that are another person’s fault, the bike rider has the chance to claim damages.
A Bronx bicycle accident lawyer could assist an injured bicyclist with this process. Working together with a qualified injury attorney, you can attempt to hold negligent motorists responsible for their poor driving and recover the compensation you deserve.
Bicyclists have every right to use the same streets and roads as all other drivers. Just as drivers have a responsibility to drive in a safe manner, though, so too do bicyclists.
The most common cause of bicycle accidents is a lack of mutual awareness. Drivers may not notice bikers near their vehicles, or may not give them enough space to maneuver. This can result in bikes not being properly yielded to, or even being run off the road. Common causes for accidents include:
Any of these activities may not only cause an accident, but proof of them can be a persuasive piece of evidence in the bicyclist’s claim. A Bronx bicycle accident attorney could help examine the evidence to find proof of driver negligence.
Because the vast majority of bicycle/car collisions are accidents, they are generally pursued using the legal theory known as negligence. In short, negligence applies when a defendant owed a legal duty to care for the well-being of the plaintiff. If the defendant fails in this duty and the plaintiff is injured as a result, the defendant can be found legally liable and be required to compensate the defendant.
This duty goes both ways. A bike rider also has a duty to protect a car driver if they are sharing the road. Therefore, if a bike cuts off a driver, and that driver is forced to swerve into another car, the bike rider may be legally liable to pay for the damage to both cars as well as the medical costs of all passengers within.
There are actions bicyclists can take to stay safe and avoid any liability. These include:
These actions can help bicyclists avoid being in accidents as well as avoid any allegations of liability should an accident occur.
Even the most clear-cut bicycle accident cases may stillfail if the claim is not brought forth in time. A legal concept known as the statute of limitations governs when a case can be heard by the court. In the Bronx, all claims alleging personal injury due to a bike accident must be filed within three years from the date of the incident. If a case is filed outside of that time limit, it may be barred from being heard in court.
Bicyclists have the same rights as all other travelers, including the right to sue for damages that occur from driver negligence. In the event of such an accident, an experienced bicycle accident attorney in the Bronx is available to lead that pursuit.
By leaving no stone unturned, a qualified lawyer could fashion detailed demand packages in pursuit of fair settlements. Contact a Bronx bicycle accident lawyer to see what can be done in your case.