Call the Police

Call the police immediately after the bicycle accident. They will arrive at the scene and take a report. While a police accident report is usually not admissible as evidence in court, it can provide crucial details about the crash for negotiating a settlement with the insurance company.            

Get the Medical Attention You Need

Obtaining the medical attention you need is the most important thing you can do following a bicycle accident. Not only is this essential for your health, but it’s also critical when building any personal injury claim you might file. Medical documentation is the foundation of every bicycle accident lawsuit. It establishes your damages, the extent of your injuries, and the limitations you suffer because of them.              

Take Photos or Video of the Accident Scene and Your Injuries

If possible, take photos or video of the accident scene and the injuries you sustained with your smartphone. You should also try to obtain photos of the vehicle that struck you and any damage to your bicycle. This can be key evidence to demonstrate liability in a personal injury lawsuit.                          

Get Witnesses’ Contact Information 

Get the names and contact information of any witnesses who observed the bicycle accident as it happened. Your attorney can use witness statements to build a strong claim. A witness may be able to provide information that can help to strengthen your personal injury case — and offer testimony that establishes the other party’s liability.           

Be Careful What You Say to the Other Side

One of the most important things you can do to protect your right to compensation after a bicycle accident is to be careful what you say to the at-fault party or an insurance adjuster. You should never admit fault or make any statements about the collision — or your injuries. You also shouldn’t accept any settlement offers without first consulting with an attorney. And remember, once you are represented by counsel, the defendant’s insurance company can no longer communicate with you directly.                 

Consult with a Personal Injury Attorney

The facts and circumstances of every bicycle accident are different. A personal injury attorney can best advise you regarding your rights and options in your specific case. They can also help you avoid any pitfalls that could harm your case and negotiate a favorable settlement on your behalf. In the event the insurance company refuses to settle for a fair amount, your attorney will know how to advocate for your right to compensation in the courtroom.                

Contact an Experienced New York Personal Injury Attorney 

If you were injured in a bicycle accident caused by someone else’s carelessness, you may be entitled to recover compensation for your economic and non-economic damages. A skillful personal injury attorney can fight to hold the negligent party accountable and obtain the compensation you deserve. The Dearie Law Firm, P.C. has represented victims of bicycle accidents for over three decades and provides adept advocacy to secure the best possible outcome in each unique case. Contact us today for a consultation.

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Whether you were struck by a car door or were forced to veer into traffic due to a driver opening their car door, you may have sustained serious injuries. If you were hurt in one of these types of accidents, you may be able to pursue a personal injury lawsuit and obtain compensation for your damages.       

Dooring Accident Injuries

When a cyclist is “doored,” they can sustain severe, life-changing injuries. Depending on how fast they were moving, a cyclist may flip over the top of the vehicle door after striking it. The impact may also cause them to be flung from the bicycle and roll underneath a moving vehicle. 

Not only can these types of accidents cause a victim to undergo extensive medical treatment, but they may also suffer permanent disability. Dooring accident injuries can include the following:

• Broken bones
• Fractures
• Lacerations
• Soft tissue injuries
• Nerve damage
• Traumatic brain injury
• Paralysis
• Fatality

It’s not uncommon for cyclists to suffer multiple injuries in an accident involving a car door. Some injuries may not even develop until weeks later, which is why it is crucial to seek medical attention immediately following a collision. A doctor can examine a victim for internal bleeding and other injuries that might not be readily apparent. Following this type of accident, a victim may be required to undergo a course of treatment that includes physical therapy, chiropractic care, and, in some cases, even surgical intervention.

Liability for Dooring Accidents

In order for a cyclist to hold another party accountable for the damages they suffered in a dooring accident, negligence must be established. While a driver could be held liable for opening their door without turning to see if it was safe to do so, they might also be responsible for allowing a passenger to open their door without first warning them. 

Based upon the facts and circumstances of the accident, more than one party might be named in the lawsuit. For instance, if the accident involved a second vehicle because the cyclist had no option but to swerve into traffic, that driver could also be partly responsible for the injuries.   

Dooring accidents are so common in New York that laws have been implemented in an effort to prevent them. Under the New York Vehicle and Traffic Law, it is illegal to open a vehicle door on the side of traffic until it is reasonably safe to do so. In addition, a door may not be left open for a longer amount of time than necessary to load and unload passengers. 

If a driver fails to obey this law, they may be held liable under the theory of negligence per se. This means that no additional evidence is necessary to prove negligence other than establishing a violation of the statute.

Comparative negligence can also come into play in a bicycle accident involving a car door. A defendant in a personal injury action may argue that the cyclist was inattentive to their surroundings or did not adhere to the rules of the road. 

However, even if a cyclist is partly to blame for their injuries, they can still recover compensation as long as they were 99% or less at fault for the accident. Any compensation they are awarded is reduced by their percentage of fault.

If a cyclist can prove negligence and demonstrate that they suffered damages, they may be entitled to recover compensation for the economic losses they suffered in a personal injury action. These can include lost wages, unreimbursed medical expenses, and out-of-pocket costs in connection with their medical treatment. A victim may also be able to recover non-economic damages for the pain and suffering they experienced due to their injuries.

Contact an Experienced New York Personal Injury Attorney

If you were injured on your bicycle due to a driver negligently opening their car door, you might be entitled to pursue compensation. However, it’s important to have the representation of an experienced personal injury attorney who can ensure you obtain the monetary recovery you deserve. The Dearie Law Firm, P.C. has been helping bicycle accident victims secure compensation for more than 30 years.

The Dearie Law Firm, P.C. has convenient office locations in Manhattan, Brooklyn, and the Bronx, as well as mobile locations serving Brooklyn, Queens, Manhattan, the Bronx, Staten Island, Westchester County, Rockland County, Nassau County, and Suffolk County.��Contact us��today for a consultation.

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Unfortunately, when a delivery cyclist or courier is in an accident, they can suffer catastrophic injuries, or even fatality. Unlike car crash victims, cyclists are not protected by the steel frame of a large vehicle. As a result, these types of accidents often cause lifelong debilitation and disability. 

If you are a delivery worker who has been hurt on the job, you have options. You may be entitled to file a personal injury lawsuit for your economic and non-economic damages.       

Causes of 91���� Bike Accidents

There are a wide variety of reasons biking accidents can occur. No matter how safely a courier travels, they cannot control the conditions of the road or the driving behaviors of others. Some of the common causes of 91���� delivery cyclist accidents include:

• Speeding — Delivery cyclists are at risk of being struck by drivers who are speeding in and out of city traffic.
• Failure to observe — If a driver or pedestrian fails to notice a delivery cyclist on the street or at an intersection, an accident can happen.
• Dooring — Dooring occurs when a motorist opens a vehicle door in front of an oncoming cyclist.
• Driver distraction — When a driver is distracted by their cell phone, passengers, eating, or adjusting the radio, the chance of a collision with a delivery worker increases.
• Failure to yield — Motorists often fail to see cyclists turning or changing lanes, increasing the chances of a collision.
• Potholes and road defects —Cracks, debris, potholes, and uneven pavement are a few examples of dangerous road conditions that can lead to delivery cyclist accidents.
• Weather conditions — Ice, rain, and snow can be hazardous for couriers as they make their deliveries.

If another driver’s negligence caused the accident, a delivery cyclist may be entitled to compensation by pursuing a personal injury action. Depending on the circumstances, there can be several parties who may be liable for a delivery worker’s injuries. 

For instance, if the accident arose due to dangerous road conditions, the municipality may be responsible if they knew about the hazard but failed to repair it. In addition, a manufacturer might be held accountable under a theory of product liability if a defect in the bicycle caused the accident.   

Compensation for Delivery Cyclist Injuries

Obtaining compensation for a biking accident can be complex. Generally, delivery cyclists and couriers are not eligible for Workers’ Compensation benefits because they are usually classified as independent contractors rather than employees. Some delivery workers may be offered occupational accident insurance coverage through the app or platform under which they obtain their assignments. Regardless, this may not provide enough monetary recovery in the event of a severe injury.

If a delivery cyclist is injured in an accident, they may be able to obtain compensation for their economic damages, including medical bills, lost wages, and out-of-pocket expenses by filing a personal injury lawsuit. They might also be eligible to secure monetary compensation for the pain and suffering they experienced in connection with the accident.    

Contact a New York Personal Injury Attorney

There are strict statutes of limitation that apply when bringing a personal injury action for a delivery cyclist accident. If a municipality is a party in the lawsuit, that timeframe is even shorter. It’s best to contact a personal injury attorney as soon as possible to discuss your legal rights and options. 

The Dearie Law Firm, P.C. has provided reliable legal services and representation to accident victims in New York for more than three decades. We are here to review the specific facts of your case and talk to you about the most beneficial course of action.

The Dearie Law Firm, P.C. has convenient office locations in Manhattan, Brooklyn, and the Bronx, as well as mobile locations serving Brooklyn, Queens, Manhattan, the Bronx, Staten Island, Westchester County, Rockland County, Nassau County, and Suffolk County. Contact us today for a consultation.

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New York City is a dangerous place for motorists, pedestrians, cyclists and motorcyclists. If you or a loved one has been injured in a��car accident in the New York City area,��you’re not alone. Traffic is heavy, drivers are distracted, truck drivers are in a hurry,��and poor road conditions can lead to a loss of control.��As car accident lawyers,��The Dearie Law Firm helps car accident victims and their families protect their rights and seek fair compensation for their injuries.��

In just July��of 2018 there were��19,384��motor vehicle collisions with 3,823��of them��causing injuries or deaths, according to the��. They caused 5,330��injuries and 16��deaths. That comes to about 172��injuries��each day and��a about fatality every other day.��

There can be many reasons for a car accident in the New York City area, including,��

• Driver distraction or inattentiveness:��This can be caused by smart phone use, fatigue, conversations with others in the vehicle,��or��drivers��simply not paying attention to what’s ahead of them. About 10% of fatal crashes and 15% of crashes causing injuries in 2015 were caused by distracted drivers, according to the��.��
• Fatigue:��About��60% of adult drivers,��which comes to��about 168 million people,��say they have driven a vehicle while feeling��drowsy,��and more than��a��third (37% or 103 million people)��admit to��sleeping behind the��wheel, according to a����survey��in��2005.��
• Driving under the influence of drugs:��In 2016 11.8��million people aged 16 or older drove under the influence of��illegal drugs, reports the��.��Effects on drivers vary depending on the individual and the drug used��and��can include drowsiness, dizziness, slowed reaction times or aggressiveness.��
• Speeding:��According to the City of New York, of the vehicle accidents in July��2018,��333��of them involved speeding as a factor. Speeding can greatly decrease reaction time, especially on crowded city streets.����
• Tailgating:��Following too closely was a factor in 2,353��accidents in the city in July��2018, impacting more than 12% of all accidents. These accidents can cause soft tissue injuries of the neck and shoulder. More serious accidents could cause concussions and traumatic brain injuries.��
• Wrong way driving:��A driver going the wrong way could be intoxicated,��drowsy, not paying attention,��or simply confused in dark conditions and by poor signage. A high percentage of these accidents result in severe injuries and deaths.����

If a driver engages in these acts he or she is breaking the law��and��should be given a ticket,��if not arrested. Violating the law is normally strong evidence of fault by the driver. In��the case where two vehicles are involved and��both drivers broke��the law,��the fact finder would need to decide who’s more to blame.��

Accident investigations help sort out the facts��

Who gets the blame��may ultimately be decided in court. After an officer comes to the scene and investigates the crash,��a report will be issued. That report is often��used��by the��insurance��company��and��the injured party’s attorney.��

All the parties involved��normally��file an insurance claim for the damages to their vehicles��and/or��for their injuries.��Car accident attorneys and insurance companies conduct��further��investigations to determine who caused the accident, how,��the conditions that might have led to the accident,��and who��should be held liable. Evidence could include,��

• The police report,����
• Interviews with witnesses and the drivers��involved,����
• Physical damage to the vehicles, guardrails, power poles or buildings,��
• Photos taken of the accident scene,��
• Video shot inside the vehicle or outside by bystanders or nearby security cameras,��and,��
• The extent of injuries and��the location of��the injured parties,��both inside and outside��the vehicle.��

Engineers who can reconstruct an accident given the evidence could be used to��provide��a professional opinion on the cause of the accident and who made what mistake��to decide who was at fault and by what degree.��

Blame May Be Placed By a Jury��After��a Trial��

If you’re considered seriously��injured��under New York law, want to claim damages for pain and suffering,��and��have economic losses��greater than $50,000,��you may be able to file a in state court.��It would be up to the fact finder (a judge or jury) to decide who’s at fault if the parties can’t reach a settlement agreement.����

Under negligence law,��the plaintiff (the party filing the lawsuit) needs to show that it’s��the defendant (the party being sued)��who, more likely than not,��acted negligently and is responsible for paying damages as a result. The plaintiff would need to establish,��

• The defendant owed him a legal duty (to operate the vehicle reasonably and safely),��
• The defendant breached that duty (he drove too fast, ran a stop sign or drove while intoxicated),��
• That breach was the factual and legal (or proximate) cause of the plaintiff’s injuries, and,��
• The plaintiff suffered damages (a way to measure harm by using money) which, under New York law, the defendant is obligated to compensate the plaintiff.��

The fact finder would need to consider the evidence submitted at trial��(including photos, videos, eyewitness testimony,��and experts’ opinions) and decide,��

• Is��the defendant at fault?��
• If so, is the��plaintiff��also��at fault?��
• If��fault��is shared, how much��is��each side to blame?����

Then the plaintiff’s damages��award��would be��reduced by his or her portion of the blame.��

Get in Touch, Don’t Waste More Time��– why��The Dearie Law Firm?��

If you or a loved one has been injured in a car accident in the New York City area and you��would like��to discuss your situation, the law,��and how to protect your legal rights to compensation for your injuries, you can��speak to an attorney at The Dearie Law Firm, P.C., by��calling our office at (212) 970-6500. Our��firm has more than��30��years of experience with car accident claims and litigation.��

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In addition to privately owned bicycles, New York’s Citi Bike service allows out-of-town visitors and tourists to rent bikes—per their website, it’s “faster than walking, cheaper than a taxi, and more fun than the subway.”

There are a lot of reasons to ride a bike in New York, and the accident attorneys at The Dearie Law Firm, P.C. are well-versed in bicycle laws. If you’ve been injured riding a bike in New York City during your work or leisure, you need an 91���� bike accident lawyer with the experience and skill to protect your rights.

New York leaders want people to ride bikes. It behooves the city to have fewer cars on the road and fewer people crammed into rush-hour subway trains, and it’s generally better for the environment and the city’s carbon footprint than other modes of transportation. There’s also a lot to be said for taking in the city on a bike; the historic architecture and ample street-level landmarks can be uniquely appreciated by grabbing a Citi Bike and hitting a tour route.

However, there’s inherent risk involved in riding a bike in 91����. Even putting aside the dense traffic, opening and closing taxicab doors, and the crush of pedestrian bodies, the streets are full of potholes, and bike lanes are treated as shortcuts for vehicles more often than not.

The negligence of drivers and others on the roads constitutes a huge threat to the safety of cyclists. Here, we’ll examine some statistics relating to Citi Bike and bicycle accidents in New York and discuss steps you should take after you’ve been injured in a cycling accident.

91���� Bicycle Accident Statistics

Even though bicycling in New York is risky, it’s safer now than ever before. Thanks to citywide efforts geared toward increasing bicycle safety, awareness, and public usage, the number of people killed or severely injured in bike-related accidents has been reduced from 83.4 per ten million trips in the year 2000 to 23.5 per ten million trips in 2014.

While this represents a 72 percent decrease in risk of serious injury to New York cyclists, that doesn’t mean that taking to the streets on a Citi Bike is necessarily safe.

According to the 91���� Department of Transportation, in 2015 there was a total of 4,433 bicyclists injured citywide in accidents involving motor vehicles, with the bulk of these taking place in the bike-heavy boroughs of Manhattan and Brooklyn.2

In addition to injuries, there were fourteen bicyclists killed in motor vehicle accidents citywide; Brooklyn and Queens, with four and five fatalities, respectively, are the most dangerous boroughs of New York for bicycle fatalities.

With so many residents, visitors, and tourists taking advantage of Citi Bike stations and private bicycles throughout New York, it’s important to know your rights and be cognizant of what to do in case of an accident.

Whether you’re involved in an accident with a motor vehicle, another bicyclist, or a pedestrian, or simply experience a Citi Bike malfunction leading to personal injury, accident attorneys agree that there are a few steps that should be taken in order to aid your case and help guarantee the best possible outcome should you require representation.

While some crashes are unavoidable, bicyclists who follow the letter of the law and keep their wits about them stand a much better chance of avoiding motor vehicle-bicycle accidents which may result in injury or death. New York City laws pertaining to bicycle riders are designed to protect the safety of bicyclists, and, below, we’ll share some basic tips for staying safe and avoiding danger.

Always wear a helmet. Whether you’re using a Citi Bike or riding your own personal bicycle, helmets are designed to prevent injury and fatality in the incident of a bicycle crash.
Use bike lanes where available and stay off the sidewalks. Unless you’re a young child, sidewalks in New York are for pedestrian traffic only; bicyclists are expected to share the road and ignoring this rule can lead to bicycle-pedestrian collisions.
Be watchful and stay visible. Make sure that you wear reflective material as part of your clothing, backpack, or helmet, and make sure that your bike has the appropriate reflectors in place; this is particularly important for nighttime riding.
Look out for taxis. If you see a taxicab or any other vehicle stop on the side of the road, it’s safe to assume that one or more of the doors will be opened. Avoid a collision with the door by staying aware of your surroundings and steering clear of opening doors.

Since Citi Bikes are a service provided to the public for a fee, there are certain guarantees and protections in place to protect riders from malfunctioning bikes and equipment. If you’re renting a Citi Bike and are involved in a crash or other accident, it’s absolutely crucial that you:

Call the police. Even if you don’t think you’re seriously injured, you should call 911 and wait for the police to arrive so that you can file a report. Some injuries, particularly those of the spine, neck, and internal organs may not present themselves right away; it is in your best interest that you to have a police report on file for reference if you end up fighting for compensation later.
Call Citi Bike. Citi Bikes are subscription-based, but fees apply for any ride lasting longer than 45 minutes. Even if you’re involved in an accident, you remain responsible for the bike until it’s been docked at a Citi Bike station or handed over to a representative. If you don’t return the bike or contact Citi Bike within 24 hours, you could be on the hook for thousands of dollars of fees, which will be automatically charged to your credit card.
If you’re able, collect as much crash data as possible while still on site. Use your smartphone to take photos of your bike, the involved vehicles, and any conditions in the road that may have contributed to your accident. You should also attempt to obtain vehicle information, such as license plates, insurance, and the names of all drivers and passengers involved.
Seek medical attention. If you are involved in a crash with a motor vehicle in New York State, no-fault insurance provides up to $50,000 to cover medical expenses or lost wages. Do not be fearful of medical bills, as an examination by a doctor following the accident may end up being very beneficial for later arguments in court.
If you sustain serious bodily injury due to a motor vehicle-bicycle crash, New York state law allows for compensation over and above the no-fault benefits; for this reason, it’s important to contact a seasoned 91���� bike accident lawyer with experience fighting for the rights of bicyclists.
Having the right accident attorneys on your team can make all the difference when it comes to pursuing a claim, particularly against Citi Bike and New York itself.

Whether you’re involved in an accident with a private vehicle, injured due to roadway conditions such as bike lanes in disrepair, or in a crash with an MTA or another public service vehicle, a bicycle attorney will be your ally in the process of claiming your due compensation.

If you’ve been injured in a bicycle accident, you may be asking yourself “what kind of lawyer do I need?” Whether you’re a lifelong New Yorker or were injured on a visit, The Dearie Law Firm, P.C. is here to protect your rights and fight for the best settlement possible. Your representation at The Dearie Law Firm, P.C. will be the best bicycle accident lawyer 91���� has to offer and will work with you on the specifics of your claim to guarantee the best possible outcome.

We’ve been serving New York and protecting the rights of bicyclists since 1986. In the last thirty years, we’ve represented thousands of injured clients and helped them win hundreds of millions of dollars in compensation for injuries resulting in the negligence of others. Contact The Dearie Law Firm, P.C. today at (212) 970-6500 and get your bicycle claim underway.

Sources

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