Buffalo Bicycle Accident Lawyers
Guidance You Can Trust After a Serious Injury
If you were seriously injured while riding a bike, contact our experienced Buffalo bicycle accident lawyers to fight for you and obtain the maximum compensation available.
Riding a bicycle is a great way to get exercise, enjoy the outdoors and get around town without leaving a carbon footprint. But with an ever-increasing amount of motor vehicle traffic on the roadways, and salt and ice damage from Buffalo’s punishing winters, bicycle accidents are becoming more and more prevalent than ever. When cyclists have accidents, they sustain serious bodily injuries, as bicycles do not offer protection from the harsh concrete pavement or the front-end of a motor vehicle. Although broken-down roadways, defective bicycles and other pedestrians play a hand in many cycling injuries, motor vehicles are generally the most common cause of bike accidents.
Sadly, statistics indicate that upwards of 50,000 cyclists sustain bodily injuries and that over 800 people lose their lives as a result of bicycle/motor vehicle accidents each year in the United States. Few cyclists ever want to believe that they will be the one injured in a roadway accident as a result of another’s negligence, but when they do suffer cycling injuries due to the fault of another, they are often left with critical life-altering injuries and a myriad of financial concerns that need to be addressed immediately. The injured cyclist needs an experienced Buffalo bicycle accident lawyer to address their questions and concerns and ensure that they get all the compensation they are owed by the at-fault party.
Possible Compensation for a Bike Accident
Given the severe nature of their injuries, one of the most immediate and pressing concerns to arise for the victim of a bicycle/motor vehicle accident is who will pay their medical bills. Under New York’s “no-fault” insurance law, the other driver’s no-fault insurance covers the injured cyclist’s medical expenses without regard to who caused the accident. But often times, the payment of medical bills alone is simply not enough. In cases where the injured cyclist suffers “serious” injuries due to the fault of the driver, or in cases where the cyclist’s medical expenses exceed $50,000, New York law then permits the injured cyclist and/or their family to pursue a personal injury claim against the at-fault driver.
Generally speaking, injuries are deemed “serious” under New York law if they result in death, fracture, disfigurement, or permanent loss or use of a body organ or body part. In such cases, the injured cyclist can pursue a claim for economic damages and non-economic damages in court. Economic damages include all past and future medical expenses related to the accident, along with past and future lost earnings, property damage, and any other out-of-pocket expenses or losses the cyclist incurred as a result of the accident. Non-Economic damages include compensation for pain and suffering, permanent scarring and disfigurement, and loss of society or a spouse.
But what if the cyclist was partially at fault for causing the accident? Unlike with some states, New York law still allows a party to recover damages if they were partially at fault for causing the accident. However, under the State’s pure comparative fault law the amount of recovery the injured cyclist may recover is reduced by his portion of the fault. For example, in a case where the injured cyclist was awarded a recovery of $100,000 and the cyclist was determined to be 40% at fault for the accident, he would receive $60,000, which represents the 60% fault that was apportioned to the adverse driver.
Benefits of Hiring a Buffalo Bicycle Accident Attorney
If you are a cyclist who was injured through the fault of another in a motor vehicle accident, it is important to call one of our experienced Buffalo bicycle accident lawyers today. At-fault drivers and their insurance carriers routinely deny injured cyclists their due compensation, claiming that the party’s injuries were not “serious” injuries within the meaning of the law. An experienced attorney knows how to fight back to ensure that the injured cyclists receives all of the compensation he is owed for his injuries, so that he is made whole again. Don’t let the insurance companies dictate to you the value of your case! Call today and put the power back in your hands.
Of, course not all serious bicycle injuries are caused by motor vehicles. In cases where a damaged or neglected roadway or defective bicycle caused the cyclist’s injury, no-fault insurance is not applicable. In these types of cases, the injured cyclist can pursue a court case against the city, township, or municipality who neglected proper road repairs, or the manufacturer or designer of the defective bicycle. In these cases, the cyclist must prove that they sustained injuries as a direct result of the at-fault party’s negligence. Upon such a showing, the injured cyclist may then recover both economic and non-economic damages as discussed above.
Pursuing a case against a city, township, or municipality is not always easy, as an injured cyclist generally has only 90 days from the date of their injuries to initiate their claim against a governmental entity. These claims often necessitate investigative work like obtaining video evidence of the accident if available, investigating the duration the dangerous road condition was permitted to exist, and determining whether or not any other similar such accidents occurred as a result of the hazard presented by the defective roadway. Similarly, pursuing a product liability claim for the defective bicycle requires a great deal of initial leg-work, and the pre-litigation investigation often entails consulting with engineer and design experts who can testify that the bicycle and its components were negligently designed, manufactured, or assembled.
The best thing an injured cyclist can do when they suffer injuries due to a defective roadway or defective bicycle is contact a Buffalo personal injury attorney immediately so they can begin working on the case right a way to ensure the best possible outcome.
Contact Our Buffalo Office Today
If you or a loved one is the victim of a bicycle accident, you need knowledgeable and experienced Buffalo accident attorneys by your side. We have decades of experience in handling injury cases in Buffalo and the greater Western New York area. Let us begin work on your case today. An early and exhaustive investigative effort is important to ensure your best possible outcome. With the passage of time, crucial evidence may disappear and vital witnesses’ memories fade, which is why it is so necessary to allow our office to begin working on your case as soon as possible.
Our Buffalo bicycle accident lawyers will inspect and photograph the accident scene, hunt down any relevant video footage, and thoroughly interview all necessary witnesses to your accident. Additionally, our office will collect all of your medical records and bills, and hire experts such as doctors, economists and life care planners, when necessary, to be sure that all of your past and future losses are accounted for when it comes time to resolve your case. Best of all, it will cost you nothing, as we work on a contingency fee basis. We are full-time accident and injury attorneys dedicated to helping injured cyclists make full financial recoveries. Call us today so that we may begin work on your case right away!