Bicycle accidents can leave you feeling overwhelmed and unsure of what to do next. If you have been injured in a bicycle accident, we understand the emotions you may be experiencing, from confusion about your rights to worry about how to proceed. You are not alone during this challenging time. Andrews, Bernstein & Maranto, PLLC is here to provide clarity and assistance to help you navigate the legal process and protect your rights. Below, we have outlined important steps to take following a bicycle accident to safeguard your health, well-being, and potential claim.
Prioritize Your Safety and Seek Immediate Medical Attention
Your health and safety are the most critical concerns after a bicycle accident. Even if you feel fine immediately after the crash, injuries such as concussions or internal damage may not present symptoms right away. Seeking medical attention promptly is essential not only for your well-being but also for creating a record of your injuries. Medical documentation can serve as important evidence if you decide to pursue a legal claim later. Always remember that your health comes first, so do not delay in getting the care you need.
Contact Law Enforcement and Report the Accident
After ensuring your immediate safety, contacting the police is an essential step. When law enforcement arrives at the scene, they will create an official accident report. This report often contains critical details about the incident, including statements from those involved and witness accounts. These details can be invaluable when building a strong legal case. Be sure to provide accurate information to the officers while avoiding unnecessary admissions of fault, as these can complicate your claim.
Document the Scene and Preserve Evidence
If you are physically able, gathering evidence at the accident scene can significantly impact your ability to pursue compensation. Use your phone to take photographs of the accident location, your bicycle, any vehicles involved, and your injuries. Be sure to capture details such as skid marks, traffic signs, and any damage to property. Collecting contact information from witnesses is also important, as their accounts can help support your version of events. Evidence from the scene can play a pivotal role in proving liability and damages in your case.
Benjamin J.
Andrews
Partner
Robert
Maranto
Partner
Tom
Kotrys
Partner
Anthony
Iacono
Attorney
Robert J.
Maranto, III
Attorney
Notify Your Insurance Company
It is important to notify your insurance company about the accident as soon as possible. New York operates under a no-fault insurance system, which means you may be entitled to benefits regardless of who caused the accident. However, insurance companies often have strict deadlines for filing claims, so acting promptly is critical. When communicating with insurance representatives, be cautious about providing too much information without legal guidance, as adjusters may use your statements to minimize your claim.
Understand the Role of Comparative Negligence in New York
New York follows the legal principle of comparative negligence, which means that your compensation may be reduced if you are found partially at fault for the accident. For instance, if you were not wearing a helmet or failed to follow traffic laws, these factors could affect your case. However, this does not prevent you from recovering damages entirely. An experienced bicycle attorney can help demonstrate the other party’s negligence and minimize any potential impact on your compensation.
The team is very personable, patient and empathetic with their clients. They are upfront with you and will explain the entire process with you, they never lead you to believe otherwise, they tell you like it is and will not sell you a million dollar dream. Trust in Andrews, Bernstein & Maranto, PLLC, they work for you and he looks out for your best interest.”
- Jane D.
Consult a Bicycle Accident Attorney to Protect Your Rights
Navigating the legal process after a bicycle accident can be complex and overwhelming, especially when dealing with injuries and financial stress. Consulting an attorney with experience in handling bicycle accident cases can provide you with the support and knowledge needed to move forward. Your attorney can handle communication with insurance companies, investigate the accident, gather additional evidence, and negotiate for a fair settlement. Legal representation can help you focus on recovery while protecting your interests.
Stay Mindful of New York’s Statute of Limitations
New York law sets strict deadlines for filing personal injury claims. Generally, you have three years from the date of the accident to file a lawsuit. However, if the accident involves a government entity, such as a city bus or a public road hazard, the timeline may be much shorter, sometimes as little as 90 days to file a notice of claim. Missing these deadlines could prevent you from pursuing compensation altogether, so it is important to act promptly and consult legal counsel to ensure compliance with all applicable timeframes.
Focus on Your Recovery and Long-Term Well-Being
Recovering from a bicycle accident involves more than physical healing. The emotional and financial toll can be significant, and the process may feel overwhelming. Prioritize activities and resources that support your recovery, such as attending all medical appointments and following your doctor’s recommendations. Keep detailed records of your expenses related to the accident, including medical bills, lost wages, and repair costs for your bicycle. These records can help your attorney accurately calculate the damages you are entitled to recover.
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Be Cautious With Insurance Adjusters and Settlement Offers
After a bicycle accident, you may receive calls from insurance adjusters offering a quick settlement. While it may seem tempting to accept an early offer, especially when medical bills and lost wages are piling up, it is important to be cautious. Insurance companies often aim to settle claims for as little as possible, and their initial offer may not reflect the full extent of your losses. Accepting an early settlement may prevent you from seeking additional compensation later, even if your injuries worsen. Consulting an attorney before accepting any offer can help you understand the true value of your claim and ensure you receive fair compensation for your damages.
Recognize the Full Scope of Your Damages
The impact of a bicycle accident goes beyond immediate medical expenses. Victims often face long-term challenges, such as ongoing medical treatment, rehabilitation, and emotional trauma. You may also experience a loss of earning capacity if your injuries prevent you from returning to work. Additionally, pain and suffering are legitimate forms of compensation in personal injury cases. Calculating these damages requires a comprehensive understanding of the law and the evidence needed to support your claim. Ensuring that all aspects of your losses are accounted for is essential in pursuing a fair settlement or court award.
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How We Can Help You Secure a Successful Outcome
If you have been involved in a bicycle accident in New York, our firm is here to guide you through the legal process with care and determination. We understand the challenges you are facing and are committed to helping you achieve the best possible outcome for your case. Whether you need assistance negotiating with insurance companies or pursuing litigation, we are ready to stand by your side every step of the way. At Andrews, Bernstein & Maranto, PLLC, we are dedicated to protecting your rights and fighting for the compensation you deserve. Contact us today to schedule a consultation and take the first step toward securing your future.
