Bicycle Accident Attorney in Schenectady, NY

Bicycle accidents can result in severe injuries, including head injuries, spinal cord damage, and broken bones, all of which can impact a cyclist’s health long-term. If you were in a bike accident in New York, knowing your rights and options for recovering compensation is crucial.

Contact the Schenectady bicycle accident lawyers of Dalmata, Maloy, & Burke, LLP, for a free no-obligation consultation about your case. Our legal team will help you understand your options for seeking the compensation you need and will walk you through the insurance claims process so you know what to expect.

Let us help you demand the accountability and compensation you deserve. You pay nothing upfront for us to begin working on your bicycle accident case, and there are no fees unless we successfully resolve your matter.

How a Schenectady, NY, Attorney Can Help with Your Bicycle Accident Claim

A Schenectady bicycle accident attorney from DMB Legal can handle your claim while you focus on recovering from your injuries. This involves investigating the incident to identify the at-fault parties, gathering evidence, calculating your claim’s value, and negotiating with the insurance companies.

Some of the evidence our lawyers may use to support your bicycle accident lawsuit includes eyewitness statements, accident scene photographs, traffic camera footage, medical records, and expert witness testimony. The more evidence we can collect, the stronger your case will be.

Our lawyers also have extensive experience dealing with insurance companies and their tactics for denying or devaluing claims. We’re determined to maximize your compensation and will let you know if we think the insurance company’s offered settlement is too low.

Moreover, we at DMB Legal emphasize personalized representation and close client relationships. This has led to our firm’s reputation for treating clients well and fighting for their rights, which results in clients coming back to us any time they need legal support in the future.

Reach out to DMB Legal today to schedule your free, confidential case review and discover the difference we can make for your bicycle accident claim.

Who Can Be Held Liable for a Bicycle Accident?

Many bicycle accidents result from motorists failing to see cyclists or driving aggressively around cyclists. In either case, the driver could be held liable for the injuries their actions caused.

However, not every bicycle accident is caused by or even involves a driver. Some accidents result from poor road conditions, such as large potholes or cracks that can throw a cyclist from their bike onto the pavement. If your helmet fails to adequately protect your head, leading to a worse injury, the manufacturer could also be liable.

It’s essential for you to work with a bicycle accident lawyer in Schenectady. At DMB Legal, we can launch a full investigation to identify all the potentially liable parties so you can seek compensation from each of them.

What Types of Compensation Could Be Available in a Bicycle Accident Lawsuit?

If your bicycle accident resulted from a collision with a motor vehicle, your first option for recovering compensation will be through a no-fault insurance claim. You can file a claim with your personal injury protection (PIP) insurance policy regardless of who was at fault for the collision. PIP insurance covers your medical bills, lost wages, and certain other out-of-pocket expenses. If you have no auto insurance, your injuries will be covered by the at-fault driver’s PIP coverage.

If you exhaust the limits of your PIP coverage, you can file a claim against the at-fault party’s insurance for medical expenses and lost wages. However, if you want to seek additional compensation, including for property damage, pain and suffering, emotional distress, and permanent disability, your injuries must meet New York’s definition of a “serious injury.” If you qualify, you can file a claim or lawsuit for those losses, as well.

For cases involving other parties, such as helmet or bicycle manufacturers or the government entity responsible for maintaining the roads, you can file a personal injury lawsuit to seek bicycle accident compensation. This compensation can cover everything from medical expenses to pain and suffering to property damage.

How Long Do I Have to File a Bicycle Accident Lawsuit in New York?

New York gives bicycle accident victims three years to file a lawsuit against the parties responsible for their injuries. You must file your lawsuit by this deadline to protect your right to seek compensation, as failure to do so will result in the courts blocking your case from proceeding.

A reputable bicycle accident law firm like DMB Legal can file your lawsuit(s) within the time limit outlined in the statute of limitations and build a strong case to maximize your compensation. Get in touch with us today to learn more about what we can do.

What Are New York’s Bicycle Laws?

According to the New York State Department of Transportation (NYSDOT), cyclists must follow all of the same road rules as motorists. This means they must stop at stop signs and red lights, yield the right of way to pedestrians crossing at crosswalks, follow posted speed limits, and signal their intent to turn.

However, this also means that cyclists are afforded the same rights as motorists, including the right to the full use of their lane. If a driver causes an accident by attempting to pass a cyclist in their lane, the driver may be liable for the cyclist’s injuries.

New York also has a bicycle helmet law, which only requires that children under 14 wear a safety-certified helmet while riding a bike. However, it’s always recommended that bicyclist of every age wear one every time they ride a bike. Helmets can prevent some serious and fatal head injuries, and wearing one can also protect you against claims made by the insurance company that you were partly at fault for your injuries.

What to Do After a Bike Accident

If you sustain injuries in a bike accident in Schenectady, NY, it’s essential that you take the following steps to strengthen your case against the at-fault party:

• Follow Up with Medical Treatment – Do not stop seeking treatment for your injuries until you fully recover or your doctor discharges you. Insurance companies may take quitting your treatment early as a sign that your injuries are not as severe as you claim them to be.
• Memorialize the Accident in Writing – Write down everything you remember about the accident. This includes the time and date it occurred, where it occurred, and details about the vehicle involved or any other cause of the accident.
• Avoid Admitting Fault – If an insurance company employee contacts you for a statement, politely decline to talk to them until your lawyer is present. Insurance adjusters will try to trick you into admitting fault for the accident so they can deny your claim.
• Consult a Bicycle Accident Lawyer – An experienced bicycle injury attorney can protect your rights and represent you in settlement negotiations. Their job is to maximize your compensation by using their knowledge, experience, and resources.

What Are the Main Causes of Bicycle Accidents?

Bicycle accidents can occur in various ways in New York. The following are the most common causes:

• Right-Hook Accidents – These incidents occur when a motorist passes a cyclist on the left and then makes a right turn in front of them, causing the cyclist to collide with the side of their vehicle.
• Dooring Incidents – This happens when a vehicle driver or passenger opens their door into the path of a cyclist, causing the cyclist to slam into the door and be thrown from their bike.
• Aggressive and Reckless Driving – Speeding, merging into lanes occupied by cyclists, attempting to pass cyclists within their lane, and tailgating cyclists can all lead to collisions.
• Distracted Driving – When drivers look at their phones, eat, or are otherwise distracted behind the wheel, they increase their odds of causing an accident with a cyclist.
• Poor Road Conditions – Large potholes and other road damage can cause cyclists to lose control, leading to crashes.

What Are Common Injuries Someone Can Sustain in a Bicycle Accident?

Cyclists can sustain several serious injuries when they get into accidents. These injuries may be due to impacts with vehicles, fixed objects, or the road surface:

• Traumatic Brain Injuries – TBIs can range from mild concussions to life-changing brain damage that causes permanent cognitive and physical disability. Individuals who sustain severe TBIs may require lifelong medical treatment and care.
• Spinal Cord Injuries – Bike accidents have the potential to cause serious spinal injuries, including herniated discs and severed spinal cords. Depending on where the spinal cord is severed, it can cause paraplegia or tetraplegia.
• Broken Bones – Broken arms, legs, ribs, and other bones are common in cycling accidents, where victims often suffer multiple impact injuries.
• Road Rash – Commonly seen in motorcycle accidents, cyclists are also at risk of sustaining road rash, an abrasion injury caused by sliding across the road surface after an accident.
• Soft Tissue Injuries – Bicycle accidents may cause sprained and torn muscles, ligaments, and tendons, with wrist and ankle sprains being among the most common.
• Internal Organ Damage – The impact of being struck by a vehicle or striking the ground can cause severe internal bleeding and organ damage that requires immediate medical attention.