Bicycle Accident Lawyer Rockland County, NY
A Rockland County, NY bicycle accident lawyer knows that your last thought when you have been the victim in a bicycle accident should be concern over whether or not you have to pay for the damage that just occurred. If you were riding your bike and a car hit you, it will be important to know who is responsible for the accident when you are going to bring a case forward for a personal injury claim. Insurance can become complicated when it comes to bicycle accidents because a bicyclist may not have insurance like a car driver does. When you are suffering from injuries and are unsure of what steps to take, reach out to Kantrowitz, Goldhamer & Graifman, P.C.
Is the driver of the car always responsible for bicycle accidents?
Since the car is bigger and was likely going faster, you may think that an injury claim will automatically rule in your favor. However, this will not always be the case and will entirely depend on the details and circumstances. Though your bike is much smaller, there is a chance that you could share fault for the accident occurring and this could impact compensation with your claim.
As a bicyclist, a Rockland County bicycle accident lawyer knows that just like cars, you need to be aware of the laws and rules regarding traffic. New York considers bikes to be vehicles which means when you are on the road with other cars, you abide by those same rules.
How does New York treat partial fault?
Every state has its own rules regarding fault. New York, among others, is a pure comparative fault state. This means that even if a bicyclist was partially to blame for an accident, they could still receive a certain amount of compensation. For example, if you were in an accident with a car and the car was speeding and the driver was texting, a court may find them 100% at fault. However, in the same scenario, if you were riding your bike and did not use appropriate signals to show you were turning or changing lanes, a court may say you were 10% at fault for the accident and the driver was 90% at fault. In this scenario, the compensation you are owed at the end will be reduced by 10%. It benefits you–if you were partially to blame for the accident–to be in a state that still gives compensation to a victim who may have contributed to the accident.
What do I need for my claim?
Your lawyer will help you to gather evidence for your bicycle claim and show how the driver was responsible for the accident occurring. They may pull evidence from police reports, eyewitnesses, security footage, and medical records. Your lawyer will be one of your greatest assets when it comes to your case so it is in your best interest to ensure you are working with someone you trust.
When you need help with your bicycle accident claim, turn to Kantrowitz, Goldhamer & Graifman, P.C. Our Rockland County bicycle accident lawyer is here to help when you need it.