While the immediate aftermath of a bike crash may feel chaotic, following a few essential steps can help you recover faster and pursue compensation.
Although the two main steps to take are to ensure you're safe and to see a medical professional, legal representation from a New York bicycle accident lawyer is also highly advised.
Here’s what to do after a bicycle accident in NYC
1. Ensure safety
First and foremost, check yourself for any injuries. If you are injured, seek medical attention immediately. If possible, move yourself and your bike out of harm's way to prevent further accidents or injuries. If you are unable to move, call 911 and wait for emergency services to arrive.
Not only does seeking help ensure your health and safety, but contacting 911 also serves as important documentation of the accident and the injuries sustained.
If you are injured in a NYC bike accident, we can help
At Ajlouny Injury Law, we understand the complexities and challenges following a bike accident in NYC. Our experienced team is dedicated to protecting your rights and ensuring you receive the compensation you deserve for your injuries, medical bills, and any loss of income.
From gathering evidence to negotiating with insurance companies, we are here to guide you through every step of the legal process. Get in touch with a bicycle accident attorney in NYC today!
2. Call the police
No matter how minor the accident may seem, it’s essential to call the police and file an official report. This accident report will document the details of the accident, including any injuries sustained and damages incurred. It can also serve as evidence in any legal proceedings that may ensue.
Be sure to provide the police with accurate and detailed information about the accident, including any witnesses or parties involved. If possible, take photos of the scene and gather contact information from witnesses for future reference.
3. Exchange information with the driver
Collect their name, contact information, insurance details, and license plate number. Be sure to also note the make and model of the vehicle involved in the accident.
At this point, it’s essential to remain calm and avoid getting into any arguments or confrontations with the other party. Simply exchange information and let your insurance companies handle the rest.
4. Look for witnesses
Try to find witnesses who saw the accident and get their contact information. Their statements can be valuable when filing a report or claim. If possible, ask them to provide a written statement of what they saw and any photos or videos they may have taken.
For example, a witness may have seen the driver texting or running a red light, which can help establish liability in your case. Witness testimonies and evidence can strengthen your case and increase your chances of receiving fair compensation for your damages.
5. Follow up on medical care and document all of your injuries
Even if you don’t feel injured immediately after the accident, our advice is to still seek medical attention. Some injuries may not manifest until later, and delaying treatment can worsen your condition and hurt your case.
Be sure to document all of your injuries and keep track of any medical expenses incurred. This documentation will be necessary when filing a claim or seeking compensation for damages.
6. File an insurance claim
Notify your insurance company about the accident as soon as possible. While there's no exact timeframe for doing this after a bicycle crash, according to New York law, you should check your insurance policy.
Be sure to provide them with all necessary documentation, including the police report and medical records. Also keep a record of all communication with your insurance company for future reference.
NYC is a no-fault state, meaning you will first have to file a claim with your own insurance company for compensation. However, if the accident was caused by someone else's negligence, you may be able to seek additional compensation from their insurance as well.
For expert legal assistance on how insurance coverage relates to your claim, we are here to assist you.
7. Consult with a lawyer
We have a personal injury lawyer who specializes in bicycle accidents to ensure your rights are protected and to get assistance with any potential claims or legal proceedings.
A bicycle accident attorney in NYC can also help negotiate with insurance companies and ensure you receive fair compensation for your injuries and damages. With our expertise and experience, we can take on the legal burden on your behalf and handle all necessary paperwork and negotiations.
Involved in a bike-on-bike accident?
In the event of a bike-on-bike accident, the steps you should follow are largely similar to those outlined for other types of bicycle accidents, with some specific nuances to consider:
- Exchange information with the other cyclist involved, including contact details and insurance information if applicable. If the other cyclist is at fault, their insurance may cover your damages.
- Note any witnesses or bystanders who may have observed the accident, and gather their contact information. If necessary, ask them to assist with gathering evidence or providing statements.
- Document the accident scene and the injuries sustained. Take photos and videos of the scene, your bicycle, and any visible injuries.
- Seek medical attention immediately, even if you do not feel injured at first. Some injuries may surface later on.
- Keep track of all medical records and expenses related to your injuries for future reference. The more documentation you have, the stronger your case will be.
In a bike-on-bike accident, both parties may share fault to some degree. This means that both cyclists may be able to seek compensation from the other's insurance, depending on the circumstances of the accident.
What about in a car and bike accident?
In the event of a car-bike accident, many of the steps outlined above remain applicable, but there are distinctions to ensure your safety and legal standing.
- Contact Emergency Services: Immediately call the police and seek medical assistance, even if injuries seem minor. Their report will be vital for legal proceedings.
- Gather Evidence: Take photos of the accident scene, vehicle damages, and road conditions. Document everything to provide a comprehensive view of the accident context.
- Exchange Information: Collect the driver’s details, including their insurance information, and stay calm during this interaction. Keep discussions focused on facts to avoid escalating tensions.
- Witnesses Matter: If there are bystanders, ask for their contact information and any accounts they may have of the incident. Their testimonies can bolster your case significantly.
- Legal Consultation: Speak with an experienced personal injury attorney to navigate claims and ensure proper advocacy for your rights. This step can prove invaluable in seeking just compensation for your injuries and damages.
The legal process after your accident
Below is a simplified step-by-step explanation of what to expect in terms of the legal process, accompanied by timelines to help set realistic expectations.
- Filing a Claim: Once medical attention is sought, file your insurance claim within a few days of the accident. This initiates the process and allows you to begin gathering necessary documentation. Typically, insurance companies aim to respond within 30 days.
- Investigation Period: After filing, the insurance company will conduct an investigation, reviewing police reports, medical records, and witness statements. This may take anywhere from several weeks to a few months, depending on the complexity of the case.
- Settlement Negotiation: Following the investigation, the insurer may make a settlement offer. Assess whether this adequately covers your medical expenses and damages. Negotiation can take 1-3 months, as back-and-forth discussions with your insurance representative often occur.
- Pursuing Litigation: If a fair settlement cannot be reached, you can opt to file a lawsuit. This process typically starts with your attorney drafting a complaint and can take several months to a year before reaching trial, depending on court schedules and case complexities.
- Trial or Settlement: If the case proceeds to trial, expect it to last from a few days to several weeks. Alternatively, many cases settle before reaching this stage, allowing for a quicker resolution. Trial proceedings can take up to a year or more if the case is complex.
As for the average settlement for a bicycle accident, there is no definitive answer, as each case's outcome depends on various factors. Nevertheless, having a personal injury attorney by your side can significantly increase the chances of receiving proper compensation for your injuries and damages.
Contact us today to help recover on property damage, loss of income, pain and suffering, and more!
Typical bicycle injuries we see as experienced NYC lawyers
- Soft Tissue Injuries: These include bruises, sprains, and strains, often resulting from falls or collisions. They can lead to significant pain and may require extensive rehabilitation.
- Fractures: Broken bones, particularly in the arms, legs, and collarbone, are common in bicycle accidents due to the impact force. Recovery time varies depending on the severity of the fracture.
- Head Injuries: Concussions and traumatic brain injuries (TBIs) can occur even with helmet use. These severe injuries may have long-lasting effects and necessitate immediate medical attention.
- Road Rash: This painful skin abrasion is caused by contact with the pavement during a fall, often requiring clean-up and treatment to avoid infections.
- Back Injuries: Spinal injuries can manifest from impacts or sudden movements, leading to chronic pain or mobility issues that may require long-term care.
- Emotional Distress: Bicycle accidents can be traumatic experiences, leading to anxiety, depression, and post-traumatic stress disorder (PTSD). Seeking therapy or counseling may help alleviate these symptoms.
How we’ve helped victims after accidents
At Ajlouny Injury Law, we pride ourselves on providing exemplary service and unwavering support to our clients throughout their recovery journey. Our commitment to each case is evident in the testimonials we receive from those we’ve assisted.
"Ajlouny Injury Law was hands down the best place I have been to. After a horrible car accident, I visited several places before finding them. The staff was excellent, always checking in on me and clearly explaining what they needed. The attorneys and paralegals worked tirelessly until my case was settled, securing the amount I deserved".
Gilberto H.
"Paul is highly knowledgeable with a great personality. I would recommend him to anyone looking for a good lawyer." Meanwhile, Valois R. highlighted the professionalism of our staff, stating, "I couldn’t be happier with the courtesy and commitment I received! They made the process so much easier".
Masruf R.
NYC bike car crash data
According to the New York City Department of Transportation, in 2023 alone, there were 52,950 recorded injuries and 244 fatalities resulting from bike-car crashes. These numbers represent a notable increase from previous years, highlighting the urgent need for enhanced safety measures for cyclists on the road.
Furthermore, the report also shows that most bicycle accidents occur in Manhattan and the Bronx, followed by Brooklyn, Queens, and Staten Island. Reckless driving, failure to yield, and driver distraction are among the leading causes of these accidents.
New York State bike laws
- Helmet Requirement: In New York State, all cyclists under the age of 14 are required to wear a helmet. Failing to do so can result in fines.
- Right of Way: Cyclists are entitled to the same rights and responsibilities as motorists. This means yielding to pedestrians and following traffic signals.
- Bike Lanes: Riders must use designated bike lanes where available, adhering to any posted signs. Violating bike lane regulations can hinder safety measures put in place for cyclists and result in penalties.
- Lighting Equipment: Cyclists must use front and rear lights during low visibility conditions, including night riding. This is not only mandatory but also significantly increases visibility to other road users, enhancing overall safety.
How we can help you!
If you or a loved one has been involved in a bicycle accident, don’t face the aftermath alone. At Ajlouny Injury Law, our experienced team is ready to guide you through the legal process and advocate for your rights.
We understand the challenges you may be experiencing, from medical bills to emotional distress, and we are here to support you every step of the way.
Contact us today for a free consultation, and let us help you secure the compensation you deserve. Together, we can work towards your recovery and a safer future on the roads!
Final Thoughts
Bicycle accidents can be physically and emotionally devastating, but with the right legal representation, you don't have to face it alone. At Ajlouny Injury Law, we are dedicated to fighting for the rights of accident victims and ensuring they receive fair compensation for their injuries.
Remember, understanding your options and having a knowledgeable lawyer by your side can make all the difference in achieving justice and a brighter future. Stay safe on the road, and always prioritize safety measures while riding.
Additional reading: average settlement for a bicycle accident
