Your Dedicated Bicycle Accident Lawyer in Queens, NY
Cycling in Queens offers a unique way to experience the borough, but it also comes with significant risks. With its dense traffic, complex intersections, and a constant mix of cars, trucks, and pedestrians, Queens can be a dangerous place for cyclists. If you have been injured in a bicycle accident, you need a legal team that understands the specific challenges of cycling in Queens and is dedicated to fighting for your rights. At Poltielov Law Firm P.C., our Queens bicycle accident lawyers have a proven track record of success in helping injured cyclists secure the compensation they deserve.
Our award-winning legal team has years of experience handling complex bicycle accident cases throughout New York City. We understand that bicycle accident victims face unique challenges when dealing with insurance companies and recovering from severe injuries. Whether your bike accident occurred in designated bike lanes or on busy streets, our Queens personal injury lawyer is here to help you seek fair compensation.
For a free, no-obligation consultation, call us 24/7 at 718-880-2911. Our experienced team is ready to listen to your story and provide the guidance you need.
Common Causes of Bicycle Accidents in Queens
The majority of bicycle accidents in Queens are preventable and are often caused by the negligence of motorists. Our Queens bike crash attorneys have handled cases involving a wide range of scenarios, including:
- Failure to Yield: Drivers who fail to yield the right-of-way to cyclists at intersections, particularly at busy junctions like Queens Boulevard and Woodhaven Boulevard.
- Dooring Accidents: A common hazard in a borough with so much on-street parking, “dooring” occurs when a driver or passenger opens a car door directly into the path of an oncoming cyclist.
- Unsafe Lane Changes: Aggressive or inattentive drivers who change lanes without checking for cyclists are a major cause of serious accidents.
- Distracted Driving: Motorists who are texting, talking on the phone, or otherwise not paying attention pose a grave danger to cyclists.
- Poorly Maintained Roads: Potholes, uneven pavement, and debris on the road can also lead to serious bicycle accidents, even when there are no negligent motorists. An improper road design or defective parts of a bike or car also contribute to a number of bicycle accidents.
Many bicycle accidents also result from speeding, failure to signal, and running red lights or stop signs. When a negligent driver fails to exercise reasonable care around cyclists, the results can be devastating. Bicycle accidents happen more frequently in areas without designated bike lanes, where cyclists must share the road with motor vehicle traffic.
Why Bike Lanes Are Important for Cyclist Safety
Designated bike lanes provide a safer space for cyclists and help reduce the risk that accidents involving bicycles will occur. However, even with bike lanes, many drivers fail to respect cyclists’ right to the road. Some motorists illegally park in bike lanes, forcing cyclists into traffic where bicycle accidents happen more often.
New York state law requires drivers to exercise reasonable care when sharing the road with cyclists. When bike lanes are available, they offer some protection, but they are not a guarantee of safety. Our bicycle accident attorney has handled cases where accidents occurred both in and outside of bike lanes throughout Queens, Staten Island, and other boroughs.
Understanding Your Rights as a Cyclist in Queens
Under New York law, cyclists have the same rights and responsibilities as motorists. This means that they are entitled to share the road and must also obey all traffic laws. When an accident occurs, New York’s no-fault insurance laws apply. This means that your own auto insurance policy (or the policy of a household member) will be the primary source of coverage for your initial medical expenses and lost wages, regardless of who was at fault.
If you do not have an auto insurance policy, you can file a claim with the insurer of the vehicle that struck you. However, to recover damages for pain and suffering and other non-economic losses, you must prove that you have suffered a “serious injury” as defined by New York law.
Injured cyclists deserve fair compensation for all losses resulting from a bike accident. This includes not only medical bills and lost wages but also compensation for physical pain, emotional suffering, and reduced quality of life. A qualified personal injury attorney understands how to prove the full extent of your damages and fight for maximum recovery.
Important Bicycle Laws in Queens
Under New York State Vehicle and Traffic Law, Section 1231, cyclists are required to observe the same rules of the road as other vehicles. Bicyclists also have the same rights as motorists. As such, when cyclists are involved in a crash, the no-fault auto insurance laws of the state will apply. If the cyclist has their own insurance policy, they can file a claim with their own insurer. In instances when an injured cyclist does not have an insurance policy, they can file a claim with the negligent driver’s insurer.
It is illegal for children under the age of one year old to be transported on a bicycle as a passenger. Children under the age of 14 years are also required to wear a bicycle helmet, but anyone over that age do not have to wear a helmet. Since there is no helmet law for people over the age of 14, riding without one will not affect the amount of damages a cyclist can receive after an accident.
New York bicycle accidents are governed by the same traffic laws that apply to motor vehicles. Cyclists must stop at red lights, yield to pedestrians, and follow all posted signs and signals. However, even when a cyclist makes a mistake, they can still recover compensation under New York’s comparative negligence rules.
Common Injuries Sustained in Queens Bike Accidents
Bicycle accident injuries can range from minor scrapes to life-threatening trauma. Without the protection of a vehicle frame, airbags, or seatbelts, cyclists are extremely vulnerable when an accident involving a car or truck occurs. Common bicycle accident injuries include fractures, road rash, and soft tissue injuries that can take months to heal.
More serious injuries include head injuries, which can result in concussions or traumatic brain injuries with long-lasting effects. Even cyclists who wear a bicycle helmet can suffer head injuries in high-impact collisions. While helmets help prevent head injuries, they cannot eliminate the risk entirely.
Catastrophic Injuries From Bike Accidents
Spinal cord injuries are among the most devastating injuries sustained in bicycle accidents. These injuries can result in partial or complete paralysis, requiring lifelong care and assistance. Severe injuries may also include internal organ damage, amputations, and permanent disability that fundamentally changes a person’s life.
Soft tissue injuries like sprains, strains, and torn ligaments may seem minor but can cause chronic pain and limit mobility. These common injuries often require extensive physical therapy and may prevent accident victims from returning to work or enjoying activities they once loved. Our bicycle accident attorney ensures that all injuries, both obvious and hidden, are properly documented and compensated.
Compensation for Your Bicycle Accident Injuries
A serious bicycle accident can result in devastating injuries with long-term consequences. Our Queens bicycle accident lawyers will fight to ensure you are compensated for the full extent of your damages, which may include:
- Medical Expenses: Including emergency room visits, hospital stays, surgery, rehabilitation, and future medical care.
- Lost Wages: Compensation for the income you have lost and will lose in the future due to your injuries.
- Pain and Suffering: Damages for the physical pain, emotional distress, and loss of enjoyment of life caused by the accident.
- Property Damage: Reimbursement for the damage to your bicycle and any other personal property.
Ongoing medical expenses for long-term treatment and rehabilitation should also be included in your claim. If your bicycle accident injuries prevent you from returning to your previous job, you may be entitled to compensation for reduced earning capacity. Our experienced personal injury attorney calculates the full value of your claim, including both current and future losses.
Non-economic damages compensate you for physical injuries that affect your quality of life in ways that cannot be measured in dollars. This includes compensation for physical pain, emotional trauma, scarring, and the loss of your ability to participate in activities you enjoyed before the bike accident. These damages are just as important as economic losses and deserve full recognition in your claim.
Why Choose Poltielov Law Firm for Your Queens Bicycle Accident Case?
- Local Knowledge: We are a Queens-based law firm with a deep understanding of the local courts, insurance companies, and legal community.
- Proven Results: We have a track record of securing substantial settlements and verdicts for our clients.
- Personalized Attention: You will work directly with an experienced attorney who will be dedicated to your case.
- No Fee Unless We Win: We handle all cases on a contingency fee basis, so you pay nothing unless we win.
Our Queens bicycle accident attorney has successfully represented clients in bicycle accident cases throughout New York, including Manhattan, Brooklyn, Queens, Staten Island, and surrounding areas. We have extensive experience dealing with insurance companies that try to minimize or deny bicycle accident claims. Our personal injury lawyers know the tactics these companies use and how to fight back effectively.
How Our Bike Accident Attorney Can Help Your Case
After a Queens bike accident, working with a qualified personal injury attorney makes a significant difference in the outcome of your case. Our bicycle accident lawyer handles every aspect of your claim while you focus on recovery. This includes gathering evidence from the accident scene, obtaining police reports and accident reports, and documenting your injuries with medical records.
We work with medical experts who can testify about the severity of your bicycle accident injuries and the future medical care you will need. Our bike accident attorney also consults with accident reconstruction specialists who can demonstrate exactly how the accident occurred and who was at fault. This thorough approach to gathering evidence strengthens your case and increases your chances of achieving a favorable outcome.
Fighting Insurance Companies for Fair Compensation
Insurance companies often try to settle bicycle accident claims quickly for far less than they are worth. They may argue that you were partially at fault, that your injuries are not as serious as you claim, or that you do not need all the medical treatment your doctors recommend. Our personal injury attorney knows how to counter these arguments and demand the financial compensation you deserve.
We handle all negotiations with insurance companies and will not accept a settlement that fails to cover your full losses. If the insurance company refuses to offer fair compensation, we are prepared to file a personal injury lawsuit and take your case to trial. Our law office has the resources and experience to pursue justice through the court system when necessary.
Steps to Take After a Bicycle Accident in Queens
Protecting your health and your legal rights after a bike accident requires taking the right steps immediately. First, check yourself for injuries and move to safety if possible. Call 911 to report the accident and request medical attention, even if you think your injuries are minor.
Seeking medical attention right away is important both for your health and for your claim. Some bicycle accident injuries like head injuries and internal injuries may not show symptoms immediately. A doctor can identify these hidden injuries before they worsen, and medical records created at the accident scene provide important documentation for your case.
If you are able, take photos of the accident scene, your bicycle, any motor vehicles involved, and your physical injuries. Get the police report number and contact information from the officer who responds. Also collect names and phone numbers from any witnesses who saw what happened. This information can be valuable when building your bicycle accident claim.
Understanding Personal Injury Law in Bicycle Accident Cases
Personal injury law provides a pathway for bicycle accident victims to hold negligent parties accountable. To succeed in a bicycle accident claim, you must prove that the other party’s negligence caused the accident and your injuries. This typically means showing that the driver violated traffic laws, failed to watch for cyclists, or otherwise acted carelessly.
New York’s no-fault insurance system covers initial medical expenses and a portion of lost wages regardless of fault. However, to seek compensation for pain, suffering, and other non-economic damages, you must meet the state’s serious injury threshold. A bicycle accident attorney can evaluate whether your injuries qualify and advise you on the best legal strategy for your situation.
How Comparative Negligence Affects Bike Accident Claims
Even if you made a mistake that contributed to the bicycle accident, you can still recover compensation under New York law. The comparative negligence rule reduces your recovery by your percentage of fault. For example, if you were 20 percent responsible and your damages total $100,000, you would receive $80,000.
Insurance companies often try to assign excessive fault to cyclists to reduce their payouts. They may claim you were riding too close to traffic, not using bike lanes when available, or violating traffic laws. Our personal injury lawyers gather evidence to show the true cause of the accident and minimize any fault attributed to you.
Frequently Asked Questions (FAQ)
What should I do immediately after a bicycle accident in Queens?
First, ensure your safety and call 911. Seek medical attention, even if you feel fine. Document the scene with photos, get contact information from any witnesses, and report the accident to the police. Getting a police report is important for documenting the accident and establishing fault. The report will include the officer’s observations, statements from involved parties, and any traffic citations issued. Make sure to get a copy of the report number before leaving the accident scene.
Do I need to wear a helmet in Queens?
While New York law only requires helmets for cyclists under the age of 14, it is always advisable to wear one. However, not wearing a helmet will not prevent you from recovering damages in most cases. Helmets significantly reduce the risk of head injuries in bike accidents. Even though failing to wear a helmet generally will not bar your recovery, insurance companies may try to use it against you. An experienced bicycle accident attorney can counter these arguments and protect your right to fair compensation.
What if I was partially at fault for the accident?
New York follows a pure comparative negligence rule, which means you can still recover damages even if you were partially at fault. Your recovery will be reduced by your percentage of fault. Our Queens bicycle accident attorney works to minimize your assigned fault by presenting evidence that shows the other party’s actions were the primary cause. We fight to ensure that insurance companies do not unfairly blame you for an accident involving a negligent driver. Even in cases where you share some responsibility, you deserve compensation for your losses.
How long do I have to file a claim?
The statute of limitations for most personal injury claims in New York is three years. However, it is crucial to act quickly to preserve evidence and protect your rights. Starting the legal process early gives your bicycle accident lawyer more time to investigate and build a strong case. Evidence from the accident scene can disappear, witnesses’ memories fade, and important documents may become harder to obtain as time passes. Contact a Queens bicycle accident attorney as soon as possible after your accident to protect your claim.
How much is my case worth?
The value of your case depends on many factors, including the severity of your injuries and the extent of your financial losses. An experienced attorney can provide a more accurate assessment. Factors that affect the value of bicycle accident cases include the cost of medical treatment, whether you can return to work, and how your injuries affect your daily life. Cases involving permanent disability, ongoing medical expenses, or catastrophic injuries typically have higher values. During a free consultation, our personal injury attorney can evaluate your specific situation and explain what compensation you may be entitled to receive.
What types of compensation can I recover in a bicycle accident claim?
You may recover compensation for medical bills, lost wages, property damage, pain and suffering, and future medical care needs. If your bicycle accident injuries result in permanent disability or disfigurement, you can also seek compensation for reduced quality of life and loss of enjoyment of activities. In cases of extreme negligence, punitive damages may also be available, though these are rare.
Can I still file a claim if the driver left the scene?
Yes, you can still pursue bicycle accident claims even in hit-and-run cases. Your own insurance policy may provide uninsured motorist coverage that applies to hit-and-run accidents. Your bike accident attorney will investigate to try to identify the responsible driver and explore all available sources of compensation, including your own insurance policies and any applicable government programs.
Do I need a lawyer for my Queens bike accident case?
While you are not legally required to hire a lawyer, having a qualified personal injury attorney significantly improves your chances of receiving fair compensation. Bicycle accident claims can be complex, especially when dealing with insurance companies that want to minimize their payouts. Our personal injury lawyers handle all aspects of your case, from gathering evidence to negotiating settlements, allowing you to focus on healing from your injuries.
Contact Our Queens Bicycle Accident Lawyer Today!
Bicycle accidents cause some of the most catastrophic injuries. If you have been injured in a bicycle accident in Queens, don’t wait to get the legal help you need. Contact Poltielov Law Firm P.C. today at 718-880-2911 for a free consultation. Our dedicated Queens bicycle accident lawyers are ready to fight for you.
Our law office serves bicycle accident victims throughout New York City and surrounding areas. We offer a free consultation where you can discuss your case with an experienced Queens bicycle accident attorney who will explain your legal options. There is no risk and no obligation, just honest advice about your rights and what you can expect from the legal process.
Bicyclist accidents require immediate attention from personal injury lawyers who understand the unique challenges cyclists face. Our Queens personal injury lawyer has years of experience in personal injury law and knows how to build strong bicycle accident cases that lead to maximum recovery. Do not let insurance companies take advantage of you after a bike accident in Queens or any other New York borough.
Contact our law office today to schedule your free consultation and learn how we can help you recover compensation for your bicycle accident injuries. We work on a contingency fee basis, meaning you pay nothing unless we win your case. Let our experienced personal injury attorney fight for the financial compensation and justice you deserve.