New York Personal Injury Lawyers / Brooklyn Bicycle Accident Attorney

Brooklyn Bicycle Accident Attorney

In such a busy city as Brooklyn, accidents can unfortunately occur. The many lanes of traffic and people rushing to and from work can mean that vulnerable road users, such as cyclists, face daily dangers. Because bicycles don’t offer the same level of protection as motor vehicles, the parties that tend to suffer most significantly in these crashes are cyclists.

If an accident caused by a careless or reckless driver or by some other dangerous, preventable circumstance injured you or a loved one, you may have substantial legal rights to seek compensation in New York civil court. The experienced Brooklyn bicycle accident attorneys at Jacoby & Meyers, LLP, are here to help you get the compensation you deserve. With decades of experience assisting people throughout the most complex of cases in New York, you can rest easy that you’re in the right legal hands.

The Brooklyn Bicycle Accident Lawyers at Jacoby & Meyers, LLP Get Results in Cases Like Yours

The skilled Brooklyn bicycle accident attorneys at Jacoby & Meyers, LLP have represented New York/New Jersey/Connecticut-area accident victims for more than forty years, including many who suffered injuries in Brooklyn bicycle accidents. The firm’s continued commitment to client advocacy and dedication to professional excellence has led to the recovery of millions of dollars in jury awards and settlements for our clients.

In a recent Brooklyn bicycle accident matter we handled, our client was riding in the dedicated bike lane on Shore Road. As he approached the intersection at 79th Street, a deep depression in the road caused his front wheel to stop and threw him off his bike. After our client contacted us, we immediately investigated the accident and took photos of the road hazard.

Our efforts revealed that New York City officials were aware of the dangerous road condition and, instead of fixing it, had simply painted over it. We collected 411 complaints and found several other people had complained of the same dangerous depression in the road surface. On the strength of this evidence, we secured a $425,000 settlement for our client, which had left him with a broken dominant hand and wrist, requiring surgery.

This is just one example of our experience handling Brooklyn bicycle accident matters. It does not guarantee a specific financial recovery for your bicycle accident claim. Each case has unique facts that can add to or detract from the value of a claim. The experienced attorneys at Jacoby & Meyers, LLP have the resources and the knowledge to investigate your accident, uncover the facts of your case, and build the best case possible against the party responsible for your injuries.

Bicycle Accidents Can Cause Severe and Fatal Injuries

Cycling constitutes a relatively safe way to get around Brooklyn, but cyclists do face risks. About 2,000 bicycle crashes occur each year in Brooklyn, causing several hundred injuries and a handful of fatalities.

The vast majority of these bike accidents are preventable and stem from the actions of careless or reckless motorists who do not safely share the road with bicycle riders. Sometimes, poor road conditions also cause bicycle accidents.

With no protection between their bodies and the road, cyclists involved in traffic accidents often suffer severe and catastrophic injuries.

Common Bicycle Accident Injuries

Our Brooklyn bicycle accident attorneys have represented cases involving all manner of injuries. Some of the most common injuries that we see in bicycle crashes include the following:

Road Rash

Road rash occurs when your skin scrapes against a hard surface with a substantial amount of force. It’s a friction burn that acts like a thermal one, removing the top layer of skin and, in more serious cases, also impacting underlying tissues. You can experience raw and painful skin, bleeding, swelling, and the potential of developing infections.

Soft Tissue Injuries

Soft tissue injuries impact tendons, muscles, and ligaments. In a bicycle accident, you could suffer sprains and strains, leaving you with serious pain and stiffness in the affected area.

Most people consider soft tissue injuries to be minor injuries, but they can require ongoing medical care and even surgery. In the most serious cases, you could end up dealing with chronic pain issues.

Fractures

Being hit directly by a motor vehicle or falling and striking the pavement can cause broken bones. Stress fractures are the mildest of these injuries, but even they could result in serious pain and stiffness. More significant breaks will require immobilizing the affected bone and could even result in needing surgery.

Compound fractures are particularly problematic because they involve the bone breaking through the skin. This puts you at risk of getting debris and bacteria in the wound, leading to infections.

Facial Injuries

Landing against the pavement in a bicycle accident could cause you to strike your face. You can shatter your cheekbones, break your nose, or impact other delicate bones in the process.

It’s possible to suffer eye injuries, too, which could result in vision problems. Facial injuries can disfigure you, requiring reconstructive surgical procedures.

Internal Bleeding

A severe injury that you can sustain in a bicycle accident is internal bleeding. This occurs when you break a blood vessel, and blood begins to collect in the area. If it’s not addressed quickly enough, you could develop shock, which is a life-threatening complication.

One of the most challenging aspects of internal bleeding is that it’s not easy to notice at first. Often, it doesn’t manifest itself as anything more than a bruise in the affected area. Having a healthcare provider assess you after the accident is vital for spotting these injuries.

Spinal Cord Injuries

Your spinal cord is part of your central nervous system. If anything impacts it, you can lose motor function and sensation. In the most severe cases, it’s possible to suffer paralyzing injuries. These are catastrophic injuries that can affect your entire life.

Traumatic Brain Injuries

Traumatic brain injuries (TBIs) occur when your brain shifts or twists, or when something penetrates the skull and damages brain matter. Perhaps the most frequent of these injuries is a concussion. Although these are considered mild TBIs, they can still leave you with cognitive function issues for days or weeks.

More severe TBIs, like diffuse axonal injuries, can mean lasting and widespread brain damage.

Psychological Injuries

Some injuries are not visible. Going through a traumatic incident like a bicycle accident can leave you with emotional scars that affect your quality of life.

Additionally, it’s possible to experience depression and anxiety, as well as post-traumatic stress disorder. Some people develop phobias regarding vehicles, and they may struggle to ride their bicycles without experiencing fear.

Causes of Bicycle Accidents in Brooklyn

Many situations can indirectly or directly cause a bicycle accident that leads to severe, sometimes fatal, injuries. Some of the most common causes of Brooklyn bicycle accidents include:

Distracted Driving

Driving while distracted is one of the leading causes of bicycle accidents in Brooklyn and throughout New York City. Cell phone use causes distractions for drivers, especially texting and driving. Texting takes a driver’s mind off of driving, hands away from the wheel, and eyes off the road.

Yet, cell phones are only one of many distractions that can lead to a bicycle accident. Other common distractions include adjusting climate controls, adjusting seats, drinking, eating, personal grooming, and concentrating on something outside of the vehicle other than the road ahead.

Drunk/Intoxicated Driving

Driving under the influence of controlled substances impairs a driver’s ability to react to others on the road, which can lead to dangerous bicycle accidents. Impaired drivers struggle to control their vehicles, cannot quickly process information, and have difficulty judging distance and time. A drunk or drugged driver might see a cyclist and even try to stop, but still hit the cyclist because of impaired reflexes.

Reckless Driving

Some motor vehicle drivers intentionally drive recklessly and have little regard for others with whom they share the road. They dart in and out of traffic, travel too fast for the weather, road, or traffic conditions, and do not care about traffic laws. Careless drivers rarely follow the speed limit, often tailgate, and refuse to yield the right of way to bicycles, putting cyclists at risk for accidents and injury.

Poorly Maintained Roads

The New York City government has an obligation to maintain Brooklyn’s streets in a safe, rideable condition. This means paying timely attention to road hazards caused by weather, erosion, and accidents. When City road crews neglect their duties, cyclists can encounter a variety of road hazards that can lead to a serious or fatal bike accident.

Some examples of poor road maintenance include:

• Poor drainage or poor drainage design, causing roads to flood, crack, or buckle
• Cuts in the road because of construction
• Potholes and missing manhole covers
• Uneven road surfaces
• Excessive spills on the road, especially oil
• Missing or broken guardrails
• Poorly marked or unmarked roads
• Wrong or missing signs
• Malfunctioning traffic signals
• Poor lighting because of broken streetlights
• Tree branches and other foliage that block views of traffic devices
• Fallen trees
• Debris

These accidents are particularly complex because they often require filing a claim against government entities. Such claims tend to have shorter timelines, so acting quickly is essential.

New York PIP Insurance & Brooklyn Bicycle Accidents

New York is one of about a dozen states in the United States that have a no-fault insurance system. New York residents who register a motor vehicle must carry a minimum of $50,000 in personal injury protection (PIP) insurance coverage. When a traffic accident occurs, and a motor vehicle driver or passenger suffers injuries, they file a claim under the driver’s own PIP policy, regardless of who was at fault in the crash.

In New York, PIP coverage extends to those on bicycles, but bicyclists do not file a claim under their own PIP policy (assuming they carry one as registered owners of a motor vehicle). Instead, Brooklyn cyclists who suffer injuries in a collision with a motor vehicle file a claim under the motor vehicle driver’s PIP policy.

The driver’s PIP insurance pays for necessary medical treatment and up to $2,000 per month for lost wages, up to the limit of the motorist’s policy (which must be a minimum of $50,000). Oftentimes, the severe injuries resulting from Brooklyn bike crashes result in massive medical bills and weeks or months away from a job, quickly exhausting a driver’s policy limit. If that occurs, then you may be able to begin a personal injury claim with help from one of our personal injury lawyers.

New York’s no-fault insurance system makes pursuing compensation for bicycle accident injuries somewhat complicated. The team at Jacoby & Meyers, LLP has years of experience working within New York’s complex no-fault insurance laws to get cyclists the compensation they need and deserve from a driver’s PIP insurance policy.

Recouping Additional Loss After PIP Runs Out

PIP insurance does not compensate bicycle accident victims for so-called non-economic losses. That is, it does not pay for the cyclist’s pain and suffering, mental anguish, loss of consortium, or diminished quality of life.

In some cases, a serious injury may exhaust a driver’s PIP insurance coverage (and, when applicable, the driver’s separate bodily injury liability [BIL] coverage). In such circumstances, New York law often permits the cyclist to file a personal injury lawsuit against the motorist or anyone else whose dangerous decisions or actions caused the bicycle collision and its resulting injuries.

How Much Is My Claim Worth?

There is no way to predict how much your insurance claim or bicycle accident lawsuit is worth, even as the case goes on. If an attorney tries to promise you a certain settlement, this is a good indication that you should find someone new. However, there are certain factors that practically every case will take into consideration.

The following variables will greatly affect your final settlement:

Medical Costs

Medical bills are expensive, and while your PIP coverage may cover some of your costs, it typically is not enough to cover all of them. A personal injury claim can help you recover the cost of medical bills above and beyond your PIP limits. Included costs may differ depending on individual insurance providers, but typically include office visits (including doctor visits, dentist visits, chiropractic appointments, physical therapy, and massage), surgeries, medication, mental health counseling, and rehabilitative services

Lost Wages

Your PIP insurance will cover 80% of lost wages. A personal injury suit can help you recover the other 20% and any other time loss benefits beyond your PIP coverage. You should start counting the first day you miss work and end when you return to work.

If you cannot return to work, you may receive future lost wages, payable in a lump sum payment with your final settlement

Residential Modifications

Serious injuries, like traumatic brain injuries, spinal cord injuries, and broken bones, can make it difficult to move around your house. When this happens, you may need to make modifications to your home. This may include wheelchair ramps, handrails, stair lifts, and other adaptive devices

Pain and Suffering

Bicycle accidents can cause serious physical and emotional distress. When you file a personal injury suit, the suit is a legal action to request damages (i.e., compensation). There are two types of damages: economic and non-economic damages.

Pain and suffering is non-economic damage, as there is no pre-set value for physical or mental pain. The amount you ultimately recover will depend on how much pain you are in and how it affects your overall quality of life

Wrongful Death

Bicycle accidents are serious. Unfortunately, some victims do not survive the collision. A wrongful death suit can help a victim’s family recover funeral and burial costs, as well as outstanding medical bills, lost wages, and pain and suffering

If you have lost a child or a loved one in a severe bicycle accident, New York law allows for the filing of a wrongful death lawsuit to compensate you and your family for certain losses resulting from that tragedy. The experienced, compassionate attorneys at Jacoby & Meyers, LLP have years of experience guiding Brooklyn families through the legal aspects of the loss of a loved one.

How the Law Firm of Jacoby & Meyers, LLP Can Help You File a Brooklyn Bicycle Accident Lawsuit

If you were hit by a vehicle while riding a bicycle, our Brooklyn car bicycle accident lawyers can guide you through the process of fighting for compensation. Take a closer look at how we can help.

Free Initial Consultation

During a free initial consultation, we get to know you and understand your claim. You have the chance to ask questions about what you can expect from the claim and how our team works.

If we take on your case, you don’t have to worry about any upfront fees because we work on contingency. We only get paid if you do.

Accident Investigation

Our Brooklyn car bicycle accident lawyers will then begin investigating the accident to understand liability. We’ll start gathering evidence, which can include traffic camera footage, the police report from the accident, your medical records, and witness statements.

Often, we will also rely on expert witnesses. They can offer technical insight and even reconstruct how the collision occurred.

Establishment of Liability

It’s not always simple to establish who may be responsible for the accident. We’ll look at the unique circumstances of the collision to understand which parties we can pursue a claim against. There may be more than one party who could be responsible for your losses.

Calculation of Damages

You may be able to receive significant damages as part of a personal injury claim. Economic damages are relatively straightforward to calculate, since you will have tangible bills, including medical expenses. Non-economic damages, however, are much more complex to address.

Our legal team will look at how the injuries you sustained impact your daily life. If you experienced significant pain and suffering, for example, that can be addressed through non-economic damages.

All too often, people who have suffered serious injuries end up undervaluing their claim. You could end up not receiving the full coverage you need if you try to file a claim on your own.

Negotiations

Insurance companies are looking out for their bottom line. They may do everything possible to minimize your claim.

You will need assistance to demonstrate that the other party was responsible for the collision and that you deserve compensation. Our Brooklyn bicycle accident lawyers can aggressively negotiate for the compensation you need.

We know all of the tactics that insurance companies use and can prepare the right strategies to counter them. This can improve your chances of getting the damages you deserve.

Litigation

Although most of these cases are resolved during negotiations with insurance companies, it’s sometimes necessary to take the claim to court. This requires a significant amount of experience, so you should never begin the process on your own.

There will be a discovery phase, where both parties exchange information, which can include depositions. Our team makes all of these steps easier. We have decades of litigation experience, so you can rest assured that you’ll receive the full support you need.

Brooklyn Bike Accident Claim FAQ

---

Know Your Rights When a Bike Accident Happens

After an accident, take immediate action to protect your rights. While the law generally allows you three years to file a suit, the sooner you talk to an attorney, the sooner he or she can begin to work on your case and help you get the financial assistance you need. Money won’t take away your pain, but it can help you pay your bills and alleviate some of your day-to-day stress.

Unfortunately, most insurance companies only care about one thing: profits. This means you’ll have to fight to secure compensation for the full cost of your injuries.

In most cases, your initial offer (and even subsequent offers) will be far lower than the actual value of your case. When someone else’s negligence leads to your physical injuries, you shouldn’t have to carry the burden alone. A good Brooklyn bicycle accident lawyer will support you when you have questions and will help you connect with care providers and other support services.

New York City Bicycle Traffic Laws

The New York City Department of Transportation (NYC DOT) reminds cyclists that they must follow the same rules of the road as anyone else, and must also follow rules specific to bicycles. This includes obeying traffic control devices and taking care when sharing the road with others. The main rules that cyclists must follow in Brooklyn include:

• Do Not Ride on Sidewalks: Cyclists in Brooklyn must ride in the street unless they are under 13 years old, and their bikes have wheels that are less than 26 inches in diameter
• Do Not Ride Against Traffic: Cyclists in Brooklyn must ride with the flow of motor vehicle traffic, so they can follow the rules of the road
• Obey Traffic Control Devices: Cyclists must stop at all lights and signs and follow directions on pavement markings. You also have a duty to avoid collisions with pedestrians, vehicles, and others on bicycles
• Use Dedicated Bike Lanes and Paths When Available: Cyclists may have to leave bike lanes when making a turn; however, they can ride in traffic when paths and bike lanes become unsafe for riding. Cyclists have the right to operate in the center of a lane when roads are too narrow to ride next to cars
• Equip Your Bike With the Right Equipment: New York City requires cyclists to use a white headlight, red taillight, and reflectors. Bikes must also have a horn or bell to alert pedestrians and other vehicles when necessary

Knowing these laws can help you share the road safely with others. Of course, you cannot control how others on the road act toward you, so if a Brooklyn bike wreck leaves you injured, contact Jacoby & Meyers, LLP, to learn about your rights to compensation.

Contact Our Experienced Brooklyn Bicycle Accident Lawyers Today

If a severe bicycle accident has caused harm to you, your child, or another loved one, the award-winning legal team at Jacoby & Meyers, LLP wants to hear from you. Our team has the experience and resources to get injured Brooklyn cyclists and their families the compensation they deserve.

You should not have to navigate this complicated process on your own. Contact us today for a free, confidential, no-obligation case evaluation.

Client Testimonials

Review: 5/5
★ ★ ★ ★ ★
“The team and Jocoby & Meyers are excellent. They make sure the client is well taken care of. They are great with communication and they take their time to make sure the client is satisfied. Will definitely recommend.”
Review by: Danielle H.

Check out some of our other reviews.