Bicycling is a way of life for many residents of New York City. Bikes offer convenient and affordable transportation and are an excellent means of exercise and recreation for thousands. New York City has the highest rate of bicycle commuters of any city in the nation, according to the 2000 U.S. Census. In June 2009, New York City finished adding 200 miles of bike lanes and other safety improvements to accommodate a 45 percent increase in cycling in the past three years. The large volume of bicyclists, however, makes accidents with pedestrians and motor vehicles more common than most people realize.
As New York's population and cyclist community continue to grow, the number of bicycle accidents has increased as well. Despite a 6 percent reduction in overall traffic fatalities, the National Highway Traffic Safety Administration reported a 21 percent increase in serious injuries to cyclists. In New York City, a sevehtmln-year study between 1996 and 2005 found that 225 bicyclists were killed; 92 percent of fatalities were the result of a crash with a motor vehicle. The primary causes of these accidents were driver inattention, disregard of traffic devices, and failure to yield the right of way. As a result, cyclists who have suffered a serious injury or died due to an accident with a motor vehicle may have grounds for a lawsuit if the driver acted negligently.
At Queller, Fisher, Washor, Fuchs & Kool, L.L.P., you will find New York bicycle accident attorneys, personal injury and wrongful death lawyers with the medical and legal knowledge to assist in the wake of a serious New York City bicycle accident. For a free consultation with our New York personal injury attorneys, please call 212.406.1700 or contact us online.Do You Have Grounds for an Injury Lawsuit?
In order for an injured bicyclist to have grounds for a lawsuit, they must be able to prove that the driver of the vehicle acted negligently. A driver's actions are negligent if they violated a duty of care. A duty of care is a legal obligation that individuals have to take certain precautions when performing an action that could potentially cause harm. Drivers have a duty of care to operate their vehicles in a responsible manner and uphold all the rules of the road.
While proving a driver's negligence is essential, it does not in and of itself constitute grounds for a lawsuit. Injured individuals must also be able to prove that the driver's negligence was directly responsible for their injury. For instance, a driver can act negligently and hit a bicyclist, but they may not be found liable if their negligence did not contribute to the accident. Furthermore, the victim must prove that they suffered either economic or non-economic damages in order to have a valid case.
Bicyclists may have grounds for a lawsuit if their injury occurred due to any of the following:
- The driver was speeding
- The driver was under the influence of alcohol or drugs
- Failure to signal
- Reckless driving
- Failure to yield
- Defects in the road
- Double parking across the bicycle lane
- The driver was texting
Individuals who have suffered a serious injury in a bicycle accident may face considerable financial strain. Depending on the severity of the injury, individuals may be forced to miss considerable time at work, causing them to lose essential wages. Injured cyclists may also face expensive medical bills which can cause significant harm if they lack insurance or the cost exceeds their coverage. In cases where the injured cyclist's injuries prove fatal, their surviving family members may face serious financial hardships due to a permanently lost income. As a result, it is in the best interests of injured cyclists and their families to seek an experienced personal injury attorney in New York.
At Queller, Fisher, Washor, Fuchs & Kool, we understand the financial burden that a bicycle accident can cause riders and their families. Our cyclist lawyers are committed to getting our clients lives back on track. We look to recoup compensation for all of our clients' damages, including lost wages, costly medical bills, pain and suffering, and wrongful death when it is applicable. We use our experience and considerable resources to pursue maximum compensation for all of our clients.
Our attorneys are recognized as leaders in New York personal injury trial law. Six of our attorneys have achieved AV Preeminent status with Martindale-Hubbell representing the highest ranking for ethical standards and legal ability. Five of our attorneys have been included in Super Lawyers in the New York Metropolitan Area as published in the Magazine Section of the New York Times. Our firm is listed among the Best Lawyers in the State of New York and is listed among the Best Law Firms in the New York Metro area by US News & World Report.
If you or someone you love has suffered a serious or fatal injury in a bicycle accident, you may be entitled to compensation. For a free review of your legal options call 212.406.1700 or contact us online. The attorneys at Queller, Fisher, Washor, Fuchs & Kool take all cases on a contingency-fee basis, meaning there is no charge unless we secure a monetary recovery.