Only cyclists under the age of 14 are required to wear helmets in New York, per the state's Department of Transportation. Some states have county-by-county requirements, while others don't. Underage bicycles in Suffolk County, for instance, are required to wear protective headgear.
The rules dictate if you have the ability to sue after a bike accident in New York, as well as the individual laws for your county. In many cases, you can still seek compensation if you were hurt in a bicycle accident and weren't wearing a helmet. However, even with New York's no-fault insurance system, your settlement or judgment may be less if you were not wearing a helmet. Recovering financial losses is something an attorney can discuss further.
The NY bicycle accident lawyers at Brandon J. Broderick, Attorney at Law, have the knowledge to provide you with the best advice and guidance. It's best to call us today.
What To Do After A Bike Accident Without a Helmet
Your PIP insurance covers more than just car accidents in case you get hurt. Accidents involving bicycles are also included. Your personal injury protection (PIP) insurance company can be contacted after a bicycle accident to file a claim for your losses.
If you want your claim to be successful, you should:
Inform Your Insurance Company
The sooner you notify your insurance carrier of an accident, the better. This will allow the insurance company to begin looking into your claim. Reporting your injuries as soon as possible also reduces the likelihood that your insurance may dispute the cause of your injuries.
Despite the fact that New York has a no-fault system, the insurance company may nevertheless try to pin the blame on you. Because of this, your payout may be less as a result. If you were 20% at fault for the accident, for instance, you would only be able to recover 80% of your damages. This is called shared fault and is utilized in cases where more than one party is to blame.
Evidence from your case can be used to refute claims of wrongdoing. Also, your New York car accident lawyer can assist you. The police report, video of the accident, and statements from witnesses will all help you argue that the other driver was to blame and not you.
You Can Negotiate and Are Entitled To Compensation
Notifying the insurance company could result in a prompt settlement offer. Accepting it, though, may not be in your best interest if you don't know the full extent of your damages. You should decline any unreasonable offers, and work with a skilled accident lawyer to negotiate for you.
A lawyer may seek the help of economists or other specialists to support your case and get you the right compensation.
You Can Sue The Negligent Party's Insurer for Damages
Injuries sustained in bicycle accidents can be severe. In some cases, your PIP insurance may be exceeded, in which case you can seek compensation from the at-fault driver's insurance company. However, when embarking on this path, it's advised that you seek the help of a New York bicycle accident lawyer. They can negotiate and argue on your behalf.
Insurance companies often reach agreements with claimants following bicycle accidents. But if the opposing side isn't willing to settle, you can sue them in court.
When filing a claim for damages after a bicycle accident, you have three years to do so per CVP 214.
What Evidence Do You Need?
Your evidence will determine the outcome of your case and can be more convincing if you can provide ample evidence. Possible pieces of evidence in your case include:
- Video or photos of the accident
- Photos of your injuries
- Medical records
- Witness statements
- Police report
- Mobile phone records
- Expert testimony from accident reconstruction experts
Get Medical Care
A bicycle accident can cause injuries, even if they are not immediately apparent. Seeking medical care is still very important to your case. Soft tissue injuries, spinal cord injuries, and internal hemorrhaging often have delayed symptoms. Going to the doctor is good for your health, and it also helps you with your case.
Your New York Bicycle Accident Case is in Good Hands With Us
You don't have to go through any injury case alone. The legal team at the New York offices of Brandon J. Broderick, Attorney at Law, are prepared to evaluate your case and put together a strategy. Even though you weren't wearing a helmet, you still have the right to sue for damages.
We will represent you in submitting a claim, negotiating a settlement, and seeking damages. We will also defend you against any challenges to your legal standing.
In New York, we provide free evaluations of accident claims involving bicycles. Call us today and let's discuss your case.