Westbury Bicycle Accident Lawyer

Recoverable Damages Available to Bicycle Accident Victims

Bicycle accidents can cause life-changing injuries. The serious repercussions of your injuries can affect your personal life, your professional career, and your financial well-being. Thankfully, if someone else is responsible for your accident, you can seek out compensation to help make up for all these losses.  

You could seek damages for many different losses you may have suffered because of your bicycle accident, including:

• Medical bills
• Expenses related to your long-term recovery from serious injuries and disabilities, including specialized transportation devices and in-home care
• Loss of income
• Diminished ability to make an income
• Damage to your bicycle and other personal property  
• Dealing with the aftermath of physical disfigurements
• The pain you went through during your accident and recovery

Bear in mind that your injuries may have to meet certain qualifications if you wish to seek specific forms of compensation, such as pain and suffering. We can help you understand what damages you can seek. 

If you retain a bicycle accident lawyer, our attorneys serving Westbury can help you determine what each of these losses should contribute to your final case value.

The Importance of Knowing Your Prognosis Before Accepting a Settlement

In the short term, it is easy to see what your medical bills and lost wages cost you. However, we recommend that you take time before accepting a settlement. See what your long-term prognosis will look like and what kinds of care you may require in the future.

It is important to carefully consider your case value. You will not get another opportunity to take legal action against someone for the same bicycle accident once you settle your case. If you accept an early settlement before fully understanding your injuries, you may miss out on important compensation that you need to properly heal from your wounds and move on with your life.

Determining Who Was Liable for Your Bicycle Accident

When you are seeking to determine liability after a bicycle accident, the last thing you want to do is leave it up to “your word versus theirs.” You want to have substantial evidence to back up your claims so that an insurer is less able to challenge or deny liability. 

In the past, our law firm has pulled evidence from a variety of sources, giving our clients a diverse pool of evidence that draws from expert and eyewitness sources. For example, some cases may benefit from the expertise of accident reconstruction experts, economists, or other specialists. 

During our investigations, we often find evidence from a few key sources, which can include, but may not be limited to:

• Calling upon testimony from the responding police officers, bystanders, and other eyewitnesses
• Analyzing cell phone data
• Pulling physical evidence off the bicycles and vehicles involved in the accident
• Reviewing video surveillance from businesses and traffic cameras in the local area
• Comparing your injuries to your version of events and the testimony provided by the defendant 
• Examining precedents set forth by previous cases

What Happens If Your Actions Contributed to Your Bicycle Accident? 

You could still be eligible to recover financial compensation for your damages if you bear some responsibility for an accident. According to CVP §1411, the State of New York practices what is known as “contributory negligence” in bicycle accident cases. This means that if you do bear some responsibility, your actions will be taken into consideration before your final settlement is granted. 

In the eyes of the law, every case has 100% liability that will be distributed appropriately between all the factors that contributed to the accident. For example, a vehicle defect could be blamed for 10% of the accident, while distracted driving could be responsible for 60% and failure to yield to oncoming traffic could be responsible for the last 30% – totaling 100% overall. 

So, if your actions warranted a percentage of liability anywhere between 1% and 49%, your settlement would be reduced proportionately to that percentage. For example, if you are granted $50,000 in damages and your actions constitute 10% liability, your settlement will be reduced by 10% ($5,000), thereby leaving you with a final settlement of $45,000. 

You Need to File Your Lawsuit Before Your Deadline is Up

While our law firm will happily keep track of all the important deadlines that can affect your case, there is one law we want you to keep in mind.

CVP §214 gives you a three-year window to file a bicycle accident lawsuit in Westbury, beginning on the day of the accident in question. If you do not act promptly, your right to compensation may be in danger.

Call Our Attorneys Today to Begin Working on Your Case

You do not have to go through this alone. If a driver failed to keep you safe and you were injured in the process, your bicycle accident lawyer serving Westbury can be there to fight for your rights during every phase of your legal battle. To learn more about how to move forward with your case, contact the Law Office of Cohen & Jaffe, LLP today to receive your free consultation.