Have you been injured in a bicycle accident in Buffalo? You may be eligible for compensation. Here are some important things you should know about what to do after a bicycle accident.
What to Do After a Bicycle Accident | Bicycle Accident Liability
We get a lot of calls from people who were injured in bicycle accidents, and some of the questions they often ask are: Who is responsible? What kind of damages can I recover? What happens with the medical bills?
When you’re on a bicycle, you are treated similarly to a pedestrian when it comes to no-fault laws. If you’re struck by a car, then the insurance company for the car that strikes you would be both the no-fault carrier, which means they would pay your medical bills, mileage, and lost wages, but then also possibly down the road be the bodily injury carrier for any personal injury recovery for pain and suffering.
What to Do After a Bicycle Accident | Partial Fault Bike Accidents
Sometimes we get questions regarding if potential clients have a right to file a claim for a bicycle accident claim in New York if the bicyclist is partially at fault. The answer is of course. In New York state, it’s a comparative negligence state, so either person in an accident, whether it be with a car or a bicycle, may have a claim even if it’s shared liability.
In fact, it’s not uncommon for there to be some shared liability unless the accident is so clear cut like a rear-end accident. Both sides will tend to argue some percent of fault on both operators. The answer is absolutely, but your damages in the end will be diminished by whatever percent of fault you may share.
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What to Do After a Bicycle Accident | Bicycle Accident Compensation
People ask, “What kind of benefits are available to you if you’re injured riding a bike and hit by a car in New York state?” Those benefits are the same as if you were a passenger in that vehicle, in that you get the no-fault benefit, but it comes through the insurance carrier for the vehicle that struck you. Those benefits are the basic no-fault benefit of your lost wages for three years, medical mileage for one year, and medical treatment potentially forever until you either exhaust that vehicle’s no-fault benefit limit, or the insurance carrier attempts to cut you off by way of one of their medical exams. That’s the first layer of coverage. Then there are additional benefits possible available through your own personal policy or from your parent’s household policy as well.
What to Do After a Bicycle Accident | Evidence That Will Help Your Claim
Just the same with a car accident, if possible, try to photo-document whatever has occurred and gather the names of any witnesses that are around you or near you. If you are on a bicycle and travelling in the proper direction in your bike lane, that will be critical for us to prove down the road. One of the things you need to do is have somebody else there maybe try to collect information for you as a witness, or a couple photos before the bicycle and the cars are moved. Things like that are critical in a bicycle accident.
If you have been injured in a bicycle accident and are looking for legal guidance, please contact our experienced personal injury attorneys today at either of our locations for a free consultation.