Any collision between a bicycle and a motor vehicle has the potential to cause serious injuries, mental anguish, and other economic damages to the bike rider. Since a bike rider is usually more vulnerable, a car driver could be found at fault for a collision between a bike and a car. If the driver is deemed at fault for the accident, the biker could collect compensation for their injuries.
If you were injured in a bike crash, a Brooklyn bicycle accident lawyer could provide a proper legal analysis of your bicycle accident case and see whether you are eligible to pursue compensation. A dedicated injury attorney could help you negotiate for a fair compensation award, so you can move forward with your recovery with financial stability.
New York traffic laws require all vehicles on the road to follow certain rules and regulations. These rules extend to bicycles as well. Just like car, truck, and motorcycle drivers, bike riders must obey red lights, give proper notice before changing lanes, and yield to oncoming traffic when appropriate.
In the same vein, state laws extend the same protections to bicyclists as all other people on the road. All drivers have a duty under the law act with reasonable caution towards others they encounter in the road, including bicyclists. As a result, bike riders who are injured in accidents may have the right to claim damages in civil court.
An injured person bringing a case before a civil court must prove that the other driver was negligent. The legal procedure for a negligence case requires that a plaintiff demonstrate that:
Since all drivers must look out for the well-being of all other people on the road, the “duty of care” element of a negligence claim is almost always satisfied. It is also rare for a defendant to argue that the injuries that the plaintiff suffered in the accident were not connected to the collision.
The element most often in dispute is whether a breach of the duty of care took place, or in other words, which party acted irresponsibility and caused the accident. In some cases, a police report will indicate that the driver of the car caused the accident by speeding or not yielding to the bike rider.
In other cases, a plaintiff must directly prove that the defendant driver was careless in their driving. To demonstrate this, it may be necessary to visit perform reconstruction with the help of an expert, gather video evidence, and talk to third-party witnesses about the accident. A qualified Brooklyn bicycle accident lawyer could provide leadership on gathering evidence and connecting to expert witnesses.
Claims for damages from a bicycle accident are often managed through the defendant’s insurance company. As a result, your claim may be in the hands of those who want to minimize your claim. Insurance agents may pressure unrepresented plaintiffs into taking settlements that are a fraction of the case’s value or may even press plaintiffs to drop the claim altogether.
A Brooklyn bicycle accident lawyer could shield victims from aggressive insurance companies and fight to obtain the compensation you deserve. Get in touch with an attorney today to schedule a consultation.