Bicycle accidents are serious. Even with a helmet and other safety gear, a bicyclist is much more vulnerable to major injuries due to the lack of the protective steel frame that comes with automobiles. The steps that the victim takes next will affect their health and legal rights.
Were you or a loved one struck while riding a bicycle in Nassau County or Queens? If so, you could be facing significant medical bills and other losses. Explore your legal options with Bornstein & Emanuel, P.C.
Step 1: Get to a Safe Place and Call 911
Wherever you were struck, on a road, sidewalk, or elsewhere, get yourself away from foot or vehicle traffic (if you can) and call 911. Report the incident to law enforcement and ask them to come to the scene. Police will generate an accident report which will be useful later.
Step 2: See a Doctor
You may require Nassau County or Queens emergency medical assistance or you can take yourself to the emergency room or to see your doctor. Regardless, do not forego medical attention. You should see a doctor even if you do not think you were hurt.
For one, your health depends on doing so because many injuries do not manifest themselves until hours or days later. But your legal rights may also be in jeopardy if you delay treatment. Don’t risk your well-being or give the at-fault party something to use against you: see a doctor.
Step 3: Collect Evidence
It’s important that you document what you can about the accident, especially if the driver flees the scene. Start gathering the following evidence:
- Photos and videos: Take pictures and record video of the accident scene, including your bike, the at-fault vehicle, and street signs and other location markers.
- Eyewitness statements: If there were eyewitnesses to the crash, get their names and contact information. Ask them what they saw and if anyone took pictures or recorded video (e.g. with a dashcam).
- Personal notes: As soon as you can, and while the details are still fresh in your mind, write down everything you can remember about the accident. Note the time of day, weather conditions, traffic congestion, and other relevant information.
- Accident report: Ask the Nassau County or Queens law enforcement officer who responded to the scene how to get a copy of the accident report. This is a vital piece of evidence for your accident claim.
Step 4: Get the Driver’s Information
Get the name, address, phone number, and insurance information of the driver and the owner of the vehicle (if they are not one and the same). Also make a note of the vehicle’s details, such as the license plate tags, make, model, and year. Write down anything unusual about the vehicle like damage.
The vehicle details are critical because the driver could leave the scene before law enforcement arrives, due to either having no insurance or not having enough insurance. If the driver stays at the scene, you may need police assistance if the person becomes confrontational.
Step 5: Follow Your Doctor’s Advice
You should follow the recommendations your doctor gives you, for the same reasons that you should see a doctor in the first place. This includes:
- Getting enough rest
- Taking your medications
- Seeing any specialists to whom you are referred
- Returning for follow-up appointments
Step 6: Limit What You Say
Whether you are talking to law enforcement, the at-fault party, or anyone else, it’s important that you do not speculate as to:
- Who or what caused the accident
- The nature of your injuries
- Any role you may have played in causing the accident (e.g. not riding in a bike lane)
You may not know the full story about your injuries, the accident, or who was at fault. But if you make any statements, even apologizing for the accident, they could be construed as an admission of liability or that you are not seriously hurt. Stick to the objective facts only, such as the identity of the driver who hit you.
Step 7: Call an Experienced Attorney
As soon as you are able, retain an attorney who represents bicycle accident victims in Nassau County or Queens. Refer all communications from any insurance companies to your lawyer, and let your lawyer assist with your accident claim. Your attorney will inform you of your legal rights and options for claiming compensation.
What Is the New York Helmet Law?
Children under the age of 14 are required to wear a helmet in New York. Bicyclists over the age of 14 are not required to. However, local ordinances in Nassau County or Queens may impose other rules.
Although not wearing a helmet may not be illegal, it could affect the amount of your compensation due to comparative negligence rules. When someone is found partially to blame for their injuries, they are assigned a percentage of liability. Their damages are then reduced by that percentage.
What Are My Options if the At-Fault Driver is Uninsured/Underinsured?
If the driver who hit you was uninsured or underinsured, your own insurance may provide coverage for your medical bills and other losses.
Underinsured: This means the bicycle accident victim’s medical bills and other losses exceed the insurance coverage that the at-fault party has on their vehicle.
Uninsured: If the driver flees the scene, or has no insurance at all on their vehicle, then it is considered an uninsured case.
SUM coverage is underinsured or uninsured coverage that an insurance company offers to bicyclists. While uninsured coverage is mandatory in New York, underinsured is optional. Regardless, our attorneys will fight for all available compensation options to pay for the losses you experience.
Connect With Us to Start Your Accident Claim
If you or a family member were hit while riding a bicycle in Nassau County or Queens, it’s time to speak with a knowledgeable accident attorney. Bornstein & Emanuel, P.C. is ready to help you. Contact us today to learn more.
