Suffolk County Bicycle Accident

In New York, as in any big city, bicyclists must share the road with cars, SUVs, trucks, motorcycles, and even pedestrians. Accidents are inevitable. While in some cases bicycle accidents are caused by a reckless bicyclist, more often than not, bicycle accidents are caused by negligent motorists, or inattentive pedestrians. Whether the accidents involves a car hitting a bicyclist, or a bicyclist losing control trying to avoid a collision, bike accidents almost always involve the bicyclist falling from the bike onto hard pavement. The result is often serious injuries to the bicyclist, including head, back and neck injuries. In addition to suffering physical pain, the victim may also face financial challenges due to the substantial medical bills and the inability to work because of the injuries. Let us help. The law allows victims of accidents to seek recover of damages from those whose negligent actions led to the accidents. However, in order to maximize your financial recovery, it is important that you contact an experienced Suffolk County bicycle accident lawyer for legal guidance.

Common causes of bicycle accidents

One of the most common reasons for bike accidents is the driver of a car failing to look and see that a bike is approaching. For example, a “dooring” accident occurs when a driver has parked his (or her) car and opens the door without first looking to whether a bike or car is approaching. If a bike is approaching and a car door suddenly opens, the bicyclist may not have time to avoid hitting the car door. Or, the bicyclist may swerve to avoid the car door and as a result collide with another car. Similarly, a right-turn accidents occur when a car makes a right turn into the path of a bicyclist because the motorist failed to look and make sure it was safe to turn.

Examples

Plaintiff Daniel Auguste was riding his bicycle when he was sideswiped by a car operated by Juan Hernandez. As a result Auguste was pushed into a parked car and sustained a serious injuries to his back and knee. He required surgery on his knee and had to go to physical therapy. Auguste v. Hernandez, 2015 NY Slip Op 50639(U) (N.Y. Sup. Ct., 2015)

Rutland v. State of New York, 961 N.Y.S.2d 361 (2012), Walter Rutland, Jr. was severely injured in bike accident when he rode over uneven pavement on Route 18 in. About two weeks prior to the accident, a six to seven mile portion of Route 18 was re-paved with approximately one inch of fresh blacktop that was applied by Keeler Construction. As Rutland rode his bike onto the shoulder of the road to get out of the way of an approach car, his bicycle dropped from the new pavement onto the old pavement, causing him to lose control. As a result of the accident, Rutland suffered quadriplegia. The court determined that the State of New York was 90% responsible for the accident. Ultimately Rutland was awarded a multi-million settlement.

Compensable damages

As a bicycle accident attorney in Suffolk County will explain, if you are injured in a bike accident, you have the legal right to pursue compensation from that person or entity whose negligence caused the accident. In order to win your claim, you must be able to show that the defendant was negligent and as a result of that negligence, you were injured. For example, if a motorist hit you when he made a right turn into your path, you must show that the motorist was drove recklessly into your path, as you had the right of way. You then must also show that you were injured as a result of the motorist’s reckless driving and suffered losses.

Compensable losses include medical expenses, lost wages, pain and suffering and property damage.

Contact the Law Offices of Stephen Bilkis & Associates

While a bicycle accident may have some similarities to an accident involving only motorists, there are nuances to handling a bike accident that only an experienced bicycle accident attorney serving Suffolk County will understand. Contact the Law Offices of Stephen Bilkis & Associates to discuss the details of your case. Our staff is experienced in handling claims from people injured in bike accidents as well as motorcycle accidents and car accidents. Contact us at 1-800-NY-NY-LAW (1-800-696-9529) to schedule a free, no obligation consultation regarding your case. We represent clients in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.

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