the law office of dennis p. ryan

bicycle accident Lawyer in New York: understanding bike ACCIDENTS

Bicycling is a fun recreational activity for many people, and for others, it's a convenient way to travel from one place to another in an urban area. As its popularity grows, so too do accommodations. Bicycling paths are a common part of community, city, and state-wide planning. Now, bicyclists can be found on and off the road just about everywhere. 

The increase in bicycles, however, has been followed by an increase in bicycle accidents. When a cyclist is in an accident, whether with another cyclist, pedestrian, or motor vehicle, serious injuries can result. You may be able to recover compensation when another party is at fault. Compensation can include bodily injury, property damage, lost wages, and more.

At Law Office of Dennis P. Ryan, our bicycle accident lawyer in New York can help you develop a personal injury claim that addresses all the damages you or your loved one suffered. Contact us today at (212) 441-4352 to get started on your recovery and your claim.

Common Causes of Bicycle Accidents in New York

Bicycle accidents can happen anywhere, at any time, for any number of reasons. There are, however, certain situations that tend to lead to more bicycle accidents. 

  • Getting struck by a car, which is the most common cause of bicycle accidents (as well as the most deadly), according to the National Highway Traffic Safety Association (NHTSA)

  • Hitting something in the road, which is also very common and can be the result of poor road conditions, poor road maintenance, or things like debris

  • Swerving to avoid a person or an animal, the animal of which may be a domestic or wild animal 

  • Low visibility because bicycles are small and are difficult to see, especially at certain times of the day (dusk and dawn)

Determining the cause of a bicycle accident is a critical part to recovering fair and just compensation for your injuries. When the accident was caused by another person or entity, they are liable for the damages you suffered if they owed you a duty of care. 

For example, a car driver owes bicyclists a duty of care on the road, which typically means following the rules of the road. Pedestrians owe a duty of care to be mindful of other people in and around the roads and bike paths. When pedestrians bring their animals on walks, they must control their animals and avoid interfering with the safety of others, like cyclists. 

Common Injuries in Cyclist Accidents in New York

Injuries from bike accidents range from scratches to death. Like any accident, the severity is dependent on the circumstances. Common injuries include:

  • Facial or dental injuries

  • Road rash

  • Dislocated or broken bones or fractures

  • Severe knee injuries, including tears of the ACL or MCL, from the impact with the car

  • Severe hand and wrist injuries from the impact with the ground

  • Traumatic brain injuries (TBIs)

  • Spinal injuries

Something unique to bicyclists are injuries caused by “dooring.” Dooring occurs when someone in a parked car opens the door without looking first. A cyclist fails to see the door open in time and collides with the door. Injuries associated with this type of accident include the above but often also include:

  • Concussions 

  • Whiplash 

  • Internal bleeding

  • Internal organ damage

Wearing a helmet and other protective gear helps prevent serious injuries, but they are not enough to protect against automobiles. In worse case scenarios, wrongful death may occur.

Personal Injury Claims in New York from Bicycle Accidents

A bicycle accident often leaves the cyclist with severe injuries and property damage, both of which can be expensive. Insurance companies typically make a settlement offer that they claim will cover the victim's losses. However, insurance adjusters often rush to offer a settlement without a full evaluation of the injuries (and the potential ongoing care that may be required). Without a full and fair understanding of all losses, any settlement offer will be too little. 

An alternative to auto insurance settlement is filing a personal injury lawsuit. This process allows you the time needed to fully understand your current and future economic losses. It also allows you to compensate for one big hurdle in bicycle injury cases: the misconception of cyclists.

Cyclists are often believed to be reckless. Insurance companies assume cyclists do not follow the rules of the road like their driver counterparts. They will use these misconceptions to help build their case against you, and sometimes it can work because often it is your word against the other person's word. Bicyclists can, therefore, be intimidated and manipulated into accepting reduced settlement payouts.

That's why you need a bicycle injury attorney helping you through the process so that you can focus on recovering while they focus on your claim to obtain full and fair compensation.

Contact a Bicycle Accident Attorney in New York Today

Bicycle accidents can produce serious injuries. If you suffered losses, it is critical to speak with a bicycle accident lawyer in New York today. At Law Office of Dennis P. Ryan, we will explain your rights and what your options are if you decide to move forward with a personal injury claim. Contact us today at (212) 441-4352 to get more information and schedule a Free Consultation.

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What Causes New York Pedestrian Accidents?

Every accident is unique, and there are as many potential causes of pedestrian accidents as there are drivers on the road. Some of the most common reasons are provided below.

Distracted Driver and Pedestrians

Both drivers and pedestrians have a lot of distractions that can cause them to take their eyes off the road. Common distractions are the same for both: cell phones or other electronics, child, eating  

Impaired Drivers and Pedestrians

Impaired driving is much more common than impaired pedestrians, but just the same, being impaired by chemical substances, like alcohol and drugs, can affect safe driving and walking. A driver may sway into another lane or come to a stop too late. A pedestrian may cross the road when they shouldn't. Any kind of impairment can create conditions for an accident.

Recklessness

Both drivers and pedestrians should refrain from recklessness. A driver who speeds, fails to follow traffic rules, or disregards the presence of potential pedestrians can cause a serious accident. Pedestrians, likewise, should not, for example, cross streets without using walkwalks or when the light is not green for them to cross.

Impatience

Drivers who are impatient may speed or try to whip around pedestrians who are crossing the street. Pedestrians can be impatient, too, and like already mentioned above, may try to cross the street where and when they are not permitted to do so.

Dark Clothes at Night

When pedestrians wear dark clothes at night and are on or near the road, drivers may not be able to see them until it is too late. Even where the road is illuminated by street lamps or traffic lights, seeing a pedestrian at night remains difficult if in dark clothes.  

Road Construction

Road construction is a real hazard. Drivers are typically alerted to pay special attention. Pedestrians are often forced to walk around the construction area, and this may mean walking into or close to roadways.

Road Conditions

How a road is engineered, designed, or otherwise constructed can make life difficult for both drivers and pedestrians. A pedestrian may not be viewable by a driver around certain bends in the road or on hilly roads. Wet road conditions, rundown roads, and the like can also make it dangerous for both drivers and pedestrians.

Bad Weather

Rain, snow, sleet, wind, and more bad weather conditions can make it treacherous to drive and walk on or near roads. Visibility may be affected. Road conditions can get messy and dangerous. Drivers and pedestrians seeking to get out of bad weather may become impatient or reckless in their efforts. 

Contact a Pedestrian Accident Attorney in New York Today

Hiring a pedestrian accident attorney from Law Office of Dennis P. Ryan gives you someone in your corner who has the necessary experience to be able to accurately assess the value of your case and then fight on your behalf for fair compensation. To schedule a Free Consultation about your accident, contact us online or by calling (212) 441-4352.

recent results

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recent results |

  • The Law Office of Dennis P. Ryan was able to win an important motion to allow a Department of Sanitation Supervisor to bring a Personal Injury Claim against the City of New York. Anyone who plans to sue a municipality in the State of New York, must file a Notice of Claim within 90 days of the date of the accident. A New York City Sanitation Supervisor recently contacted our law firm 5 months after the accident, and more than 2 months after the Notice of Deadline had passed. Our office was successfully able to convince the Court that our client's claim fell under an exception and should be allowed to proceed. Our client is now likely going to be able to receive money for his pain pain and suffering and lost wages.

  • Our client was a Sanitation Worker who was hit by a car while he was servicing his route. He suffered an ankle injury that required him to go for Physical Therapy for 1-2 months. Even though he did not need any injections or surgery, we were able to convince the insurance company to offer the full amount of its $25,000 to settle the case. We were able to achieve this settlement before our client needed to appear for a deposition.

  • Our client was a Sanitation Worker who was hit by a car while he was servicing his route. He had to have a shoulder surgery and missed several months of work, losing Chart Money, Truck Money and Overtime Money. We filed a lawsuit on his behalf in Kings County (Brooklyn). Our office was able to settle case for the full amount of the driver's Insurance Policy. We were able to achieve this settlement before our client needed to appear for a deposition.

  • Our office was able to settle a case for the full amount of Insurance Policy for Pedestrian who tripped and fell on sidewalk in Nassau County. This was a tough case in a tough venue for Plaintiff's attorneys. Our client had contacted 2 previous law firms who declined her case because they thought it would be too difficult to obtain a settlement. Our office was not only able to settle the case but we were able to persuade the insurance company to offer the full amount of its insurance policy to settle the case.

  • Our office was able to obtain a settlement for $95,000 (out of a total of $100,000) for a Sanitation Supervisor who hurt his ankle in a car crash. The insurance company for the other driver made several motions to the court asking the Judge to dismiss the case. We were able to defeat each of these motions and eventually settle the case for $95,000. This was more than 3 times the initial settlement offer that the insurance company made.

  • Our client fell on a broken sidewalk in the Bronx in front of a 1 family house. We brought a lawsuit against the City of New York and the insurance company for the homeowner. Our client aggravated injuries to his ankle that he had suffered years ago while playing sports. The Insurance Company made a Motion to the Court asking to dismiss our case. We were able to defeat this Motion and we were eventually able to settle this case against the City of New York and the Insurance Company for a total of $75,000.

  • Our office was able to obtain a settlement of $97,500 out of a possible $100,000 in available insurance coverage for a Car Crash that happened in New Jersey. Our client was involved in a 2 car crash. She had a stop sign and the other driver did not have a stop sign. For that reason, the insurance company claimed that the crash was completely the fault of our client. Our firm hired investigators who canvassed the scene for witnesses, photos and videos of the crash. We were able to prove that the other driver was driving too fast for the intersection and was also at fault for the crash.

  • Our office was able to obtain a settlement of $170,000 for a woman who slipped and fell on ice on the stairs of the house that she rented an apartment at. Her landlord's insurance company argued that the landlord had done everything it could to prevent our client's fall. We were able to prove that the landlord had not properly shoveled and salted the steps before our client's fall.

  • Our Office settled a case for a Sanitation Worker who tripped and fell on uneven pavement inside his Sanitation Garage and hurt his ankle. The Worker had several prior Line of Duty Injuries (LODIs) where he had also hurt his ankle. Our office was able to prove that this LODI aggravated the old injuries and made the injuries worse.