Queens Bicycle Accident Attorney
Motorists injure and kill thousands of cyclists every year in preventable traffic accidents. It was reported that an average of 5,903 bicycle accidents occurred annually in New York from 2007-2014. Most of these accidents occurred due to human factors, such as failure to yield the right-of-way and driver inattention or distraction. New York has safety programs in place to decrease the number of bicycle accidents in New York City’s five boroughs, but negligent drivers disregard these rules just as they disregard safe driving laws. The Queens bike accident attorneys at Omrani & Taub have years of experience in helping injured cyclists fight for the compensation they deserve after these accidents. These accidents can be life altering and can sometimes end in wrongful death – it’s best to let a legal professional handle your case while you focus on healing from your accident.
Negligent Drivers Causing Bicycle Accidents
One death is too many. When something as preventable as negligent driving results in pedestrian injury or death, the victim(s) or families can seek justice in the courtroom. Driver negligence and distraction has become a growing problem as mobile use increases across the globe. Drivers have a world of entertainment at their fingertips, and some find it hard to resist distraction when stuck in NYC’s stop-and-go traffic. Unfortunately, this can easily result in vehicles cruising through intersections and crosswalks without paying attention.
Aside from human error, the two other main contributing factors to bicycle accidents were vehicular and environmental. Defective brakes, headlights, tires, or other vehicular problems caused 206 bicycle accidents in 2014. These issues can result from improper vehicle owner maintenance or parts defects. If an accident was due to driver error, the injured bicyclist can file a claim against the individual responsible. If a negligent manufacturer produced a defective part, the manufacturer may be the defendant.
Proving liability in a bicycle accident case comes down to showing the jury that the other party was negligent in his or her duties and that this negligence directly resulted in the collision and resulting damages. This requires gathering evidence such as witness statements, photos of the accident, police reports, key witness testimony, traffic violations of the driver, and recreating the accident scene if necessary.
If a driver was speeding, driving recklessly, texting and driving, or ignoring roadway rules at the time of your bike accident, your Queens injury attorney will gather evidence of this negligence to present in court. If your bicycle accident comes down to a products liability case instead of a negligence case, you only have to prove that the defective part caused your injury – not that someone acted negligently.
New York’s Vehicle Accident Laws
In Queens, we abide by New York’s comparative fault rules, meaning a judge can find you, the bicyclist, comparatively at fault for a collision with a motorist. This may occur if you were also distracted, crossing when you didn’t have a signal, or otherwise partially at fault for an accident. In New York, you can obtain recovery no matter what percentage you’re at fault, but it will change how much you receive in compensation.
If your injuries do not qualify as an exception to the no-fault rule in our state, you are limited to only obtaining a settlement from your insurance company. However, you should still enlist the help of a lawyer for negotiations. New York’s comparative fault rules can come into play in and out of the courtroom, and such incidents require the expert attention of an attorney to secure just settlement damages.
Contact our Queens Bicycle Accident Lawyer
Bicycle accidents can lead to serious, life-threatening injuries and sometimes wrongful death. If you or someone you know has been involved in a bicycle accident in Queens, you can trust the personal injury lawyers at Omrani & Taub, to stand by your side during settlement negotiations with an insurance company or in court.
Our attorneys know everything there is to know about New York’s car accident laws, bicyclist rules and personal injury law. We have what it takes to obtain full recovery for your injuries, pain and suffering, and property damages. Call (718) 714-1515 for a free and immediate case consultation today.