When vehicle drivers and bicyclists share the streets, bicyclists are at a much higher risk of sustaining injuries in an accident. If a negligent driver caused an accident that injured you or a loved one, you may be entitled to compensation for your medical bills and other losses. Contact an Albany bicycle accident lawyer from William Mattar P.C. to discuss your case.
Our Albany bicycle accident lawyers know New York's traffic laws regarding vehicle-bicycle accidents. We can advocate to help ensure that bicycle accident victims receive maximum compensation.
Contact our offices as soon as possible to discuss your case 24 hours a day, seven days a week. Contact us at 844-noswap444-4444 today or through our free initial consultation form.
Why Choose William Mattar Law Offices for Your Albany Bicycle Accident Claim
When you choose William Mattar Law Offices for your bicycle accident claim, you can expect a team of experienced attorneys who are dedicated to fighting for the rights of injured cyclists. With a deep understanding of New York State's traffic laws and a proven track record of success in handling bicycle accident cases, our legal team possess the knowledge and resources necessary to build a strong case on your behalf. They will thoroughly investigate the circumstances surrounding your accident, gather evidence, and work tirelessly to ensure that you receive the compensation you deserve for your injuries, medical expenses, lost wages, and pain and suffering.
At William Mattar Law Offices, client satisfaction is a top priority. We understand that being involved in a bicycle accident can be a traumatic and overwhelming experience, which is why we provide personalized attention and support throughout the legal process. Your assigned attorney will keep you informed about the progress of your case, answer any questions you may have, and provide the guidance you need to make informed decisions. With a commitment to open communication and a compassionate approach, we aim to alleviate the stress and uncertainty that often accompanies personal injury claims, allowing you to focus on your recovery while they handle the legal aspects of your case.
When you choose William Mattar Law Offices for your Albany bicycle accident claim, you can trust that your claim is in capable hands. Whether through skillful negotiation with insurance companies or aggressive representation in court, our personal injury lawyers will strive to obtain the maximum compensation you are entitled to under the law, ensuring you can move forward from this challenging experience with the support and financial security you need.
Should I Accept the First Offer From the Insurance Company?
No, it is generally not advisable to accept the first offer from an insurance company following a bicycle accident. Insurance companies often make initial settlement offers that are significantly lower than what you may be entitled to, in hopes that you will accept the offer quickly without seeking legal representation. These lowball offers may not adequately cover your current and future medical expenses, lost wages, pain and suffering, and other damages resulting from the accident.
Before accepting any settlement offer, it is crucial to consult with an experienced bike accident attorney. Your attorney can evaluate the full extent of your damages, including both economic and non-economic losses, and determine the fair value of your claim. They can then negotiate with the insurance company on your behalf to secure a settlement that adequately compensates you for your injuries and losses.
Keep in mind that once you accept a settlement offer, you typically waive your right to pursue further compensation, even if you later discover that your injuries are more severe than initially thought or require additional medical treatment. By working with a skilled bicycle accident attorney, you can ensure that your rights are protected and that you receive the maximum compensation available for your bicycle accident claim.
Do I Have a Bicycle Accident Case?
Negligence is a central concept in personal injury law, and it plays a crucial role in determining liability in bicycle accident cases. In legal terms, negligence refers to a person's failure to exercise the level of care that a reasonably prudent person would use under similar circumstances, resulting in harm or injury to another party. When a person's negligent actions or inactions cause a bicycle accident, the injured cyclist may be entitled to seek compensation for their damages through a personal injury claim.
To have a successful bicycle accident case based on negligence, four key elements must be established:
- Duty of Care: The first element is to demonstrate that the defendant (the person or entity responsible for the accident) owed a duty of care to the plaintiff (the injured cyclist). This means that the defendant had a legal obligation to act in a manner that would not cause harm to others. In the context of bicycle accidents, all road users, including drivers, pedestrians, and cyclists, have a duty to follow traffic laws and exercise reasonable care to prevent accidents.
- Breach of Duty: The second element involves showing that the defendant breached their duty of care by acting or failing to act in a way that a reasonably prudent person would have under similar circumstances. Examples of breaching the duty of care in a bicycle accident case may include a driver speeding, running a red light, or failing to yield the right-of-way to a cyclist.
- Causation: The third element requires establishing a causal link between the defendant's breach of duty and the plaintiff's injuries. In other words, the plaintiff must prove that the defendant's negligent actions or inactions were the direct and proximate cause of the bicycle accident and the resulting injuries. This element can be challenging to prove, especially in cases where multiple factors may have contributed to the accident.
- Damages: The fourth and final element involves demonstrating that the plaintiff suffered actual damages or losses as a result of the defendant's negligence. Damages in a bicycle accident case may include medical expenses, lost wages, pain and suffering, property damage, and other quantifiable losses. The plaintiff must provide evidence of these damages to recover compensation in a personal injury claim.
Establishing these four elements of negligence is essential to building a strong bicycle accident case. An experienced Albany bicycle accident lawyer can help you gather evidence, prove negligence, and negotiate with insurance companies to ensure you receive the compensation you deserve for your injuries and losses.
What Compensation is Available to Bicycle Accident Victims?
In a New York State bicycle accident claim, several types of compensation may be available to the injured cyclist, depending on the specific circumstances of the case. These include:
- Medical Expenses: Compensation for medical bills covers the cost of all necessary medical treatment related to the injuries sustained in the bicycle accident. This may include hospitalization, surgery, doctor's visits, prescription medications, physical therapy, and any future medical care required as a result of the accident.
- Lost Wages or Income: If the injured cyclist is unable to work due to their injuries, they may be entitled to compensation for lost wages. This includes not only the income lost immediately following the accident but also future lost earning capacity if the injuries result in a long-term disability or impairment.
- Pain and Suffering: If the accident results in serious injury, the accident victim may be entitled to pain and suffering damages. These damages compensate the injured cyclist for the physical pain, emotional distress, and mental anguish experienced as a result of the accident. These non-economic damages can be significant, especially in cases involving severe or life-altering injuries.
- Property Damage: If the cyclist's bicycle or other personal property was damaged in the accident, they may be entitled to compensation for the cost of repairs or replacement.
- Loss of Consortium: In some cases, the spouse of the injured cyclist may be able to claim loss of consortium damages, which compensate for the loss of companionship, support, and intimacy resulting from the accident.
- Wrongful Death: If the bicycle accident results in the cyclist's death, their surviving family members may be able to pursue a wrongful death claim. This type of claim seeks compensation for funeral and burial expenses, lost income and benefits, and the loss of the deceased's love, guidance, and support.
Bike accidents can be complex. An experienced personal injury lawyer can help you navigate the complex legal process and fight to ensure that you receive the maximum compensation available for your specific case.
Common Causes of Vehicle vs. Bicycle Accidents
While bicyclists must follow certain rules, it is sometimes the fault of a car or truck driver that strikes and knocks a bicyclist violently off the bike. Some common causes of vehicle-bicycle accidents include but are not limited to:
- Drivers failing to yield the right-of-way;
- Reckless driving;
- Speeding;
- Distracted driving (i.e., texting or making phone calls while driving); and
- Drivers under the influence of drugs or alcohol.
Bicycle accidents can leave victims with traumatic brain injuries, dental/facial injuries, broken bones, bone fractures, lacerations, and more. If you're looking for a bicycle accident lawyer who can help you pursue compensation for your injuries after an Albany accident, call William Mattar P.C. We can begin an investigation of your case right away.
Laws Governing Bicyclists in New York State
In New York, there are various traffic laws and rules pertaining to bicyclists on public roadways.
These rules stipulate that bicyclists are permitted to share public streets and roads but, generally, cannot ride on expressways or interstates. It is also unlawful to operate a bicycle while wearing more than one earphone, while carrying more people than the bike is designed to carry, and more. To learn more about bicycle laws in New York, see the state’s Vehicle and Traffic Law.
Contact an Albany Bicycle Accident Lawyer from William Mattar Law Offices Today
Although most bicyclists obey laws while biking, they cannot control drivers' bad driving habits. If you or a loved one have been the victim of a negligent driver while bicycling in Albany, please call 844-noswap444-4444 today to schedule a free consultation appointment with one of our experienced accident injury lawyers.