If you or a loved one has recently been injured, you may be able to receive compensation for your injuries. Here is some important information about the possible bike accident compensation you could be eligible for.
Possible Bike Accident Compensation | No-Fault Insurance
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.
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Possible Bike Accident Compensation | “Serious” Injuries
Generally speaking, an injury is deemed “serious” under New York State law if it results in death, fracture, disfigurement, or permanent loss of a body part. In these cases, the injured cyclist can pursue a claim for economic and non-economic damages in court. Economic damages include all past and future medical expenses related to the accident, lost wages, property damage, and any other expense or loss that the cyclist has incurred due to the accident. Non-economic damages include compensation for pain and suffering, permanent scarring and disfigurement, and loss of society or a spouse.
Possible Bike Accident Compensation | Partial Fault
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.
If you are seeking compensation for a bicycle accident, please contact our experienced Buffalo bike accident lawyers today to schedule a free consultation.