New York City Bicycle Accident Lawyers | Keith D. Silverstein & Associates

New York City Birth Injury Attorneys

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New York City is one of the deadliest places in America for bicyclists. According to the Department of Transportation (DOT), more than 5,500 bicyclists were injured and another 26 died due to accidents occurring across the city’s five boroughs in 2020 alone.

At Keith D. Silverstein & Associates, we proudly represent victims of serious bike accidents resulting from the negligent actions of others. Our New York City bicycle accident attorneys have extensive experience handling complex claims, as well as backgrounds in insurance defense. We know how the other side operates, and we know what it takes to win the justice our clients deserve.

If you or someone you love was involved in a bicycle-vehicle crash, call (646) 813-3922 or contact us online to request a free initial consultation. Hablamos español.

What to Do After a Bicycle Accident

In the immediate aftermath of a bicycle accident, it can be difficult to know what to do. However, the steps you take right now are extremely important, as they can dictate everything from your recovery process to your ability to secure financial compensation after the crash.

If possible, you should try to do the following after a bike crash:

Seek immediate medical attention, even if you believe you are not injured or that your injuries are minor and will heal on their own. This not only ensures that you get the care you need but having a report of your injuries and documented evidence that you sought treatment is important for your future personal injury claim.
File a police report with local law enforcement. If you or anyone else called 911, and an officer came out to the scene of the crash, they will have created and filed this report on your behalf. You must also report any accident resulting in injury, death, or property damage in excess of $1,000 to the DMV within 10 days.
Document any evidence from the accident. You can do this by taking pictures of the crash scene, your injuries, and your damaged bike. If possible, you should refrain from having your bike repaired until you can take pictures. You should also talk to any witnesses and try to get the name and contact information of the other parties involved.
Contact an attorney with experience handling bicycle accident claims, like the team at Keith D. Silverstein & Associates. You should talk to an attorney before accepting a settlement or signing anything that the insurance company provides to you. If possible, refrain from speaking to the insurance company at all until you have talked to a lawyer.
Avoid posting on social media. You should not post about the accident, and you should even avoid posting about your everyday activities after the crash. Such posts could be used as evidence by the insurance company that you are not as injured as you claim to be, or that you were partly at fault for the accident.

Filing a Personal Injury Claim After a Bike Crash

If you were injured in a bicycle accident, and someone else was at fault, you have the right to take legal action. One of the most important elements of your case is the issue of liability.

“Liability” refers to a party’s legal responsibility for the losses suffered by another. In most bicycle accident cases, the liable party is the one that caused the accident, whether intentionally or not. This is because people who share the road—including the drivers of all types of motor vehicles, bicyclists, and even pedestrians—have a duty of care.

This duty of care includes a duty to follow applicable traffic laws and take certain measures to prevent injuries to others. When someone violates the law or fails to take reasonable measures to prevent harm, they have breached the duty of care they owe to others. If this conduct leads to bodily injury, the individual who breached the duty of care is liable, or legally responsible, for the injured party’s damages.

To file a personal injury claim after a bicycle accident, you must prove that:

The defendant owed you a duty of care
The defendant breached this duty of care
You were injured
Your injuries led to measurable damages
The defendant’s conduct was the cause of your injuries and damages

Even if you were partly at fault, you could still have a case. Under New York’s pure comparative negligence rule, you can file a personal injury claim when you share some of the responsibility for causing the incident that led to your injuries. However, you won’t be able to recover the full amount you are seeking in damages. Instead, your recovery will be reduced by whatever percentage of fault you are found to have.

How the Bike Accident Lawyers at Keith D. Silverstein & Associates Can Help

It can be difficult to get back on your feet after a bicycle accident. At Keith D. Silverstein & Associates, we help victims and their families not only fight for fair compensation but also work to recover the justice they deserve. Our New York City bicycle accident lawyers fight to hold negligent, careless, and reckless parties accountable for the immense harm they cause; our goal is to make our neighborhoods safer places for cyclists.

We can assist you with all aspects of your claim, from gathering evidence and communicating with the insurance company to preparing your case for litigation and trial. Whenever necessary, we are fully prepared to aggressively advocate for our clients in court.

With decades of experience in both plaintiffs’ personal injury representation and insurance defense, founding attorney, Keith Silverstein, has the legal knowledge and skill to effectively represent your case. Reach out to our firm today to learn more during a free, no-obligation consultation.

Call (646) 813-3922 or contact us online today to get started.

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Compensation for Injured Cyclists

New York is a no-fault state, meaning all motorists are required to carry minimum amounts of personal injury protection (PIP) coverage. After an accident, motorists can turn to their PIP coverage to receive compensation for certain accident-related damages, such as medical expenses and lost wages.

PIP insurance doesn’t just cover the occupants of cars, trucks, and other motor vehicles; it also covers bicyclists who are injured in collisions with these motor vehicles. In other words, if you have insurance, and you are injured in a bicycle accident with a negligent or reckless driver, you are likely covered by PIP.

However, PIP does not provide full compensation for all accident-related damages. Specifically, it does not cover non-economic damages, like pain and suffering or emotional distress. What’s more, not everyone has insurance, and not all bike crashes involve motor vehicles. This means that, in some cases, it becomes necessary to file a third-party personal injury claim against a liable party.

You can go outside the no-fault system if:

The state defines “serious injuries” as bone fractures and any injury resulting in at least one of the following:

If you are eligible to go outside the no-fault system, you can file a personal injury lawsuit against the liable party and seek compensation for all of your accident-related damages. This includes all of your medical expenses and future care costs, lost income or wages, pain and suffering, rehabilitation costs, emotional distress, disfigurement, and more.