Queens Bicycle Accident Lawyer

Reasons to Hire a Queens Bicycle Accident Attorney from our Firm

Among the many reasons for choosing a Queens bicycle accident lawyer from the Law Office of Cohen & Jaffe, LLP include:

We Have Helped Others Like You

Our law firm has a track record of recovering millions of dollars for our clients in New York with hundreds of successful injury cases.

We Follow Comprehensive Procedures to Build a Claim

Our team will examine your case to determine the cause of the accident, the parties involved, who may be held liable, and the potential for recovery by going through the following evidence:

• Traffic camera footage, if applicable
• Your medical records
• The police report
• Photos of the accident scene
• Eyewitness testimonies

We will negotiate with the liable party’s insurance company by assessing liability percentages and calculating the financial losses for you.

Your Right to Compensation After a Queens County Bicycle Accident

Anyone involved in a bicycle accident in New York State is entitled to medical benefits, irrespective of who caused the accident. You have the right to file a personal injury claim under the driver’s third-party liability insurance policy, and if you pursue a civil suit, you may receive damages that exceed a no-fault claim.

However, it is best to work with an attorney to ensure you are not being lowballed by an insurance company. If your case goes to court, they can represent you.

Common Damages in a Bicycle Accident Case

You may be entitled to economic and non-economic damages, including:

• Past and future medical expenses
• Lost income and diminished future earnings
• Temporary or permanent disability
• Pain and suffering
• Disability
• Paralysis
• Physical/emotional therapy
• Loss of enjoyment of life

If you agree to settle your case, you must ensure that the amount is enough to compensate for both current and anticipated future expenses resulting from your injury and property damages. If you do not account for future expenses in your claim, you may be seeking more compensation later with no success. Once your case is settled, you are unable to request more in damages. We can ensure your settlement meets all your needs.

Understanding Liability in Bicycle and Pedestrian Accidents

Accidents involving bicycles and pedestrians can be complex, often raising questions about who is liable for the resulting damages. Determining fault requires an understanding of the laws, the circumstances of the accident, and the actions of all parties involved. 

The Rules of the Road: Bicyclists and Pedestrians

Both bicyclists and pedestrians have specific rights and responsibilities on the road. In most jurisdictions, including New York, bicyclists must follow the same traffic laws as motor vehicles. This means stopping at red lights, yielding to pedestrians in crosswalks, and riding in the same direction as traffic. Pedestrians, on the other hand, have the right of way at crosswalks but must also obey traffic signals and avoid suddenly entering the path of an oncoming bicycle or vehicle.

Determining Fault: Key Factors

The primary factor in determining liability is whether either party violated traffic laws or acted negligently. Here are some key considerations:

• Right of Way Violations: If a pedestrian steps into a bicycle lane without checking for oncoming cyclists or if a cyclist runs a red light or fails to yield to a pedestrian in a crosswalk, the party violating the right of way is typically at fault.
• Negligence: Both parties must exercise reasonable care. A pedestrian distracted by their phone or a cyclist speeding in a crowded area may be considered negligent if their actions contribute to the accident.
• Visibility and Signage: Accidents in poorly lit areas or places lacking proper signage can complicate liability. Municipalities might share some responsibility if inadequate infrastructure contributed to the accident.

Determining liability in bicycle and pedestrian accidents requires careful analysis of the circumstances and applicable laws. If you are involved in such an accident, consulting with a personal injury attorney can help you understand your rights and options. 

Common Scenarios and Liability

Understanding common accident scenarios can help clarify how liability is determined:

• Crosswalk Accidents: Pedestrians generally have the right of way in crosswalks. If a cyclist hits a pedestrian crossing the street legally, the cyclist is likely at fault. However, if a pedestrian jaywalks or crosses against the signal, they may be liable.
• Sidewalk Riding: In some areas, riding a bicycle on the sidewalk is illegal. If a cyclist hits a pedestrian while riding on the sidewalk, the cyclist is likely at fault.
• Bike Lanes and Shared Paths: If a pedestrian steps into a bike lane without checking for cyclists, they might be liable for any resulting accident. Conversely, if a cyclist is riding recklessly on a shared path, they might be at fault.

In some cases, both parties may share liability. Comparative negligence laws allow for the division of fault between the parties based on their contributions to the accident. For example, if a pedestrian steps into a bike lane without looking, but the cyclist is also speeding, both may share some responsibility for the accident.

How We Determine Fault and Liability in a Bicycle Accident

Any individual responsible for the crash must provide compensation for your injuries and damages. If you, the cyclist, were partially to blame, your recovery will be reduced proportionally by your fault.

Liability may rely on:

• Other bicyclists
• The driver of a vehicle
• Employers of negligent parties
• A government agency
• Manufacturing companies in case of defective vehicles or bicycles

Determining the cause and liability in a bicycle crash often takes the aid of a legal professional to further identify any relevant at-fault parties. Your lawyer may use the accident report and any other documents to determine liability and each party’s percentage at fault.

What to Do If Your Child Is Hit By a Car in Queens

It is essential for every parent to learn how to handle such a situation in case of any unfortunate traffic incident.

Here are some steps to take immediately after a bicycle accident involving a child:

1. Seek medical attention immediately to examine any internal and external injuries.
2. Gather all the relevant evidence from the accident scene, such as the name of the driver who caused the accident, license number, contact information, and their insurance provider. Then, take pictures and get any witnesses’ contact information. Be sure not to discuss anything with the driver before speaking to your attorney.
3. Keep your child’s medical bills and records, as this will be used when filling for a personal injury claim.
4. Let your attorney help with all the paperwork required during the process.

The steps may be similar if you are the victim of a bicycle accident. You may also wish to speak to the police and receive a police report detailing the accident. Hold on to the police report as it can serve as crucial evidence of the liable party’s negligence.

What to Do If the Driver Denies Liability

If the driver denies liability, you still have the legal right to pursue damages. Proving these four elements helps your case:

• Duty of care: The other driver had the legal obligation to avoid causing harm.
• Breach of duty of care: The driver breached his legal responsibility by driving dangerously, putting others at more significant risk.
• Causation: Due to careless behavior, they caused the accident.
• Damages: You suffered pain, physical injuries, and property damage due to the crash.

If your lawyer provides all the supporting evidence and the defendants still deny liability, your attorney can decide to issue court proceedings on your behalf. However, if the defendant’s lawyer is unwilling to agree on a settlement, the case’s outcome will be determined by a judge.

Our Lawyers Can Help

The Law Office of Cohen & Jaffe, LLP has decades of experience dealing with insurance companies and knows how to get an adequate settlement for your bicycle accident. With us on your side, you are not alone in your quest for justice. We care about your health and wellbeing.

At the Law Office of Cohen & Jaffe, LLP we have everything that you may need in an accident situation. Our co-founder Richard Jaffe is a licensed emergency medical technician and a professional attorney. Dedicated to what he does, Jaffe will understand your medical needs and further examine your situation from a medical and legal perspective. Contact us today at (866) 878-6774 for free case review.