Bicycle Accident Lawyer in Uniondale

Were you injured as a bicyclist due to someone else’s negligence? Bike-related accidents can happen in an instant, and they are often caused by distracted drivers, unsafe road conditions, or the failure to yield. Unfortunately, cyclists are especially vulnerable in collisions. 

As a result, the consequences that you faced at the hands of someone else’s decisions are likely severe. The aftermath of a bicycle accident can be stressful and disorienting, but you don’t have to face it alone—instead, reach out to a Uniondale personal injury lawyer for help. 

At Levine And Wiss, our attorneys aren’t afraid to litigate on your behalf and represent you as your bicycle accident lawyer in Uniondale. We have over 100 years of combined experience, and in that time, we’ve helped thousands of people in situations just like yours.   

Common Causes of Bicycle Accidents in Uniondale

Bicycle-related collisions often occur in high-traffic areas and in places where bicycle lanes are either poorly maintained or nonexistent. For example, these are common causes of bike crashes in the area:

• Failing to pay attention to the road
• Engaging in distracting behavior, such as texting or using a GPS device
• Refusing to yield at intersections or while making turns
• Opening a door into a cyclist’s path
• Making unsafe lane changes or overtaking maneuvers by motorists
• Driving while impaired, including drunk or drugged driving
• Speeding, which reduces the driver’s ability to react in time

Weather conditions, poor lighting, and defective road infrastructure can also contribute to accidents. Your bicycle accident attorney in Uniondale can look more closely into the details of your case in search of an answer to what caused the crash. 

Legal Duties of Drivers Toward Cyclists in New York

Motorists in New York have a legal duty to exercise reasonable care to avoid harming others on the road, including bicyclists. Specific sections of the New York Vehicle and Traffic Law (VTL) outline the exact responsibilities:

• VTL § 1146: This requires drivers to use due care to avoid colliding with any bicyclist or pedestrian and to give audible warnings when necessary.
• VTL § 1122-a: This mandates that drivers overtaking bicycles must pass at a safe distance.
• VTL § 1214: This prohibits drivers from opening a car door on the traffic side unless it is reasonably safe to do so and will not interfere with traffic, a statute relevant in dooring cases.

When drivers fail to uphold these duties and cause an accident as a result, they can be held legally liable for the injuries they cause.

No-Fault Insurance and Bicyclists in New York

New York is a no-fault insurance state, which means that individuals injured in a motor vehicle accident—including bicyclists hit by a car—may be eligible for Personal Injury Protection (PIP) benefits. 

Under Article 51 of the New York Insurance Law, cyclists injured in an accident involving a motor vehicle can generally file a no-fault claim with the insurer of the vehicle that struck them.

Here’s what these benefits typically cover:

• Up to $50,000 in medical expenses related to the accident
• 80% of your income up to a maximum of $2,000 per month for up to three years 
• Reasonable and necessary out-of-pocket expenses 

No-fault benefits are available regardless of who was at fault for the accident. However, if a cyclist’s injuries are deemed “serious” under New York’s no-fault threshold, they may also pursue a personal injury lawsuit for additional damages. Let’s take a look at what this means. 

What Qualifies as a Serious Injury Under New York Law

Under New York Insurance Law § 5102(d), a person may sue for non-economic damages, such as pain and suffering, only if they have suffered a “serious injury.” This includes the following: 

• Death
• Dismemberment
• Significant disfigurement
• Fracture
• Loss of a fetus
• Permanent loss or significant limitation of a body function or system

It can also refer to a medically determined injury or impairment that prevents the injured person from performing substantially all of their usual daily activities for at least 90 of the first 180 days following the accident.

Many bicycle accidents result in injuries that meet this threshold, particularly fractures, traumatic brain injuries, or long-term disability. All in all, your bicycle accident lawyers in Uniondale can help you understand if a serious injury is part of your case. 

Statute of Limitations for Bicycle Accident Claims in New York

Under CPLR § 214, the general statute of limitations for personal injury claims in New York is three years from the date of the incident. This applies to both cyclists injured by motor vehicles and people hurt by other hazards, like defective road conditions or pedestrian crashes. 

If a government entity is involved—for example, if the accident was caused by a defective roadway maintained by the city or county—a Notice of Claim must be filed within 90 days under the General Municipal Law. Additionally, a lawsuit must be filed within one year and 90 days. 

Failing to meet these deadlines can result in losing the right to recover compensation entirely. The sooner you reach out to Uniondale bicycle accident lawyers, the sooner your attorney can start advocating for your rights and pursuing justice on your behalf. 

Contact Our Uniondale Bicycle Accident Law Firm for Help Today

If you or someone you love was hurt in a bike-related crash, you don’t have to deal with the aftermath of the collision all on your own. From painful physical injuries and haunting emotional distress to mounting medical bills and more, your experience is likely overwhelming. 

However, we want to remind you that you’re not alone in this. Instead, reach out to Levine And Wiss as soon as possible to meet with our Uniondale bicycle accident attorneys. We’re here to advocate for your rights and help you pursue the compensation you deserve. You can trust us.