When researching bike accident claims, it’s common to have several questions about the process.
You may be thinking, I was hit by a car on my bicycle and I don’t know what to do.
At the Law Offices of Theodore A. Naima, we know how uncertain and intimidating the claims process can be during recovery.
Here are answers to some of the most frequently asked questions about bicycle-hits-car insurance claims that we get from potential clients.
What Are New York’s Bike Laws?
New York Vehicle and Traffic Law has specific requirements (VAT § 1234) for bicyclists when riding on the street. In most cases, bicyclists should stay in the designated bicycle lane on the right-hand side of the street.
However, New York allows bicyclists to move out of the bike lane to avoid:
- Fixed objects,
- Moving objects,
- Hazardous surfaces, and
- Other bicyclists.
Unfortunately, moving out of the bike lane poses a serious risk, especially since drivers don’t pay much attention to bicyclists on the road.
I Was Hit By a Car on My Bicycle . . . Now What?
Immediately following your accident, you may be extremely dazed or stressed. The most important thing to do is to be calm and get the help you need.
Before anything else, call 911 and stay on the scene until first responders arrive. When the paramedics arrive, make sure to accept any medical attention they offer.
This is not only important for your wellbeing, but also for your accident claim. Cooperating with emergency services is essential to your claim.
If at all possible, you should also take photographs of the scene, including any injuries and vehicle damage.
This helps show the severity of the crash and may even help reconstruct the accident if there were no witnesses. If there are any eyewitnesses, try to get their contact information.
Can I Sue the Driver Responsible for My Injuries If I Was Hit by a Car on My Bicycle?
Under New York Insurance Law § 5103 (New York Statutes), those injured in an accident may make a claim with the negligent party’s insurance company.
In most circumstances, you cannot seek non-economic damages, such as pain and suffering. However, if you or a loved one sustains a serious injury, you may be able to file a claim for pain and suffering.
According to ISC § 5102(d), serious injury includes:
- Loss of a fetus,
- Loss of organ function, and
- Physical impairment or disability.
This is why it’s important to work with a skilled New York bicycle accident attorney. They may be able to help you determine if you may sue for your injuries.
Need Help Filing Your Bike Accident Claim? We Can Help
When you or a loved one sustains an injury in a bike accident, you need trust, knowledge, and experience on your side.
Attorney Ted Naima has more than 20 years of experience in personal injury and knows the devastating effects that accidents have on individuals and their families.
His goal is to fight for the compensation you need to help recover physically, emotionally, and financially.
Call 516-280-7311 or contact us online to schedule a free case evaluation with Ted Naima. We welcome clients throughout Long Island and the state of New York.