Brooklyn Bicycle Delivery Accident Lawyers
Bicycle delivery has become an increasingly popular method for transporting goods in Brooklyn, especially with e-commerce and the rise of food delivery services. However, the growing number of bicycle delivery workers on the streets has also increased accidents involving these cyclists.
When a bicycle delivery accident occurs, the consequences can be severe, ranging from serious injuries and fatalities to complicated legal disputes. If you are involved in a bicycle delivery accident, knowing your rights and the potential legal implications is important.
What Should I Do Immediately After a Bicycle Delivery Accident?
Immediately after the accident, it is essential to move to a safe location, if possible, and contact emergency services. Receiving medical attention should be your top priority, even if you believe your injuries are minor. Some injuries may not be immediately apparent, and a medical evaluation can document the extent of your injuries, which can be important for your legal claim.
Additionally, you should gather as much information as possible from the accident scene. This includes taking photographs of the scene, your bicycle, and any vehicles involved. It is also important to obtain contact information from witnesses, as their testimony may be valuable if the case goes to court. If the police are called to the scene, obtain a copy of their report for your records.
Who Is Liable for a Bicycle Delivery Accident?
Liability in a bicycle delivery accident can be complicated, as it may involve multiple parties. The vehicle driver in the accident may be held responsible if they were negligent or violated traffic laws. However, the delivery company may also be liable, particularly if unsafe working conditions caused the accident or if the cyclist was forced to meet unrealistic delivery deadlines.
In some cases, the city or municipality may be held liable if poorly maintained roads or hazardous conditions caused the accident. Establishing liability often requires a thorough investigation of the accident, including reviewing traffic camera footage, police reports, and witness statements.
What Types of Compensation Are Available in a Bicycle Delivery Accident Case?
Survivors of bicycle delivery accidents may be entitled to several types of compensation, depending on the circumstances. Compensation can cover medical expenses, including hospital bills, physical therapy, and any future medical treatment that may be necessary. In addition to medical costs, lost wages are often a significant component of a claim, especially if the injuries sustained prevent the cyclist from returning to work for an extended period.
Pain and suffering, which includes physical pain, emotional distress, and a diminished quality of life, may also be compensated. In cases where the accident was particularly severe or involved reckless behavior by the responsible party, punitive damages may be awarded as well. These damages are intended to punish the wrongdoer and deter similar behavior in the future. Calculating the full extent of compensation requires careful consideration of the accident’s current and future impacts.
How Does New York’s No-Fault Insurance Law Affect Bicycle Delivery Accidents?
New York’s no-fault insurance law requires that a driver’s insurance company cover the medical expenses and lost wages of individuals injured in a motor vehicle accident, regardless of who was at fault. However, this law can be complicated when applied to bicycle delivery accidents, as cyclists are not considered motor vehicle operators.
In many cases, the cyclist may be covered under the driver’s no-fault insurance, but there are limitations on the types of damages that can be claimed. If the injuries sustained are deemed serious, such as disfigurement, fractures, or permanent loss of a body part, the cyclist may be able to step outside the no-fault system and pursue a personal injury lawsuit against the responsible party.
What if the Bicycle Delivery Worker Was Partially at Fault for the Accident?
New York follows a comparative negligence rule, which means that if the bicycle delivery worker is found to be partially at fault for the accident, their compensation may be reduced by their percentage of fault. For example, if a court determines that the cyclist was 20% responsible for the accident and the total damages amount to $100,000, the cyclist’s compensation would be reduced to $80,000.
You may still be entitled to compensation even if you are found partially at fault. An attorney can help build a case that minimizes your percentage of fault and maximizes your potential recovery.
How Long Do I Have to File a Bicycle Delivery Accident Lawsuit?
In New York, the statute of limitations for filing a personal injury lawsuit, including those involving bicycle delivery accidents, is generally three years from the date of the accident. This time limit is strict, and failing to file within this period can result in losing your right to pursue compensation.
It is advisable to consult with an attorney as soon as possible after the accident to file your case within the appropriate time limits. Prompt legal action also allows for a more thorough investigation while evidence is still fresh and witnesses’ memories are clear.
Why Should I Hire a Lawyer After a Bicycle Delivery Accident?
Hiring a lawyer after a bicycle delivery accident can significantly impact the outcome of your case. A lawyer can provide the necessary legal skills to navigate the often complicated process of filing a claim, negotiating with insurance companies, and, if required, pursuing litigation. Without legal representation, you may face challenges in securing fair compensation, especially if multiple parties are involved or if liability is disputed.
A lawyer can also handle the paperwork and legal procedures involved in a personal injury claim, allowing you to focus on your recovery. They can provide advice on the best course of action, whether that involves settling the case out of court or proceeding to trial. In addition, a lawyer can advocate on your behalf so that your rights are protected throughout the process.
The Experienced Brooklyn Bicycle Delivery Accident Lawyers at Rubenstein & Rynecki Offer Free Consultations
The skilled Brooklyn bicycle delivery accident lawyers at Rubenstein & Rynecki have extensive experience and can help you. Do not wait to take action! Submit our online form or call 718-522-1020 to schedule a free consultation. Located in Brooklyn, we serve clients throughout New York City, including The Bronx, Manhattan, Queens, and Staten Island.
