If you've been in a bicycle accident, it is important to preserve evidence from the incident and take steps quickly to protect your rights and your potential claim for recovery. What you do immediately after the accident may have a huge impact on your ability to recover damages from the driver who hit you.
What To Do After a Bicycle Accident
After a bicycle accident, it is important to wait for the police to arrive. This will preserve evidence from the scene and allow you to get your version of how the accident occurred into an official record, in case this is disputed later on. If you can, gather information about the other driver(s), their contact information and license plate numbers, and the names of any witnesses. Take photos of the accident scene, any vehicle or bicycle damage, and your injuries.
Do not talk to the driver's insurance company until you have sought the advice of an experienced bicycle accident attorney like the attorneys at The Law Office of Frederic R. Abramson to ensure you do not make statements or hand over records that may hurt your claim later on.
Who Is Liable in a Bicycle-Car Accident?
As a cyclist, you could be considered responsible for an accident with a vehicle. If you do not follow the rules of the road or did not keep a proper lookout, the accident may be considered your fault. It is important to learn the basic rules of liability—meaning, who is liable for injuries and damages caused in an accident—and rules of the road to make sure your bike as safely as possible and avoid causing costly accidents.
Three-Year Limitation on Bicycle Accident Cases
Under the law, most personal injury cases are subject to a statute of limitations. This is a length of time in which you must file the claim or you lose the right to sue. In New York, the statute of limitations for bicycle accident claims is three years. This runs from the date of the bicycle accident and, if you are focusing on your recovery and caught up with medical bills, medical appointments, treatment, missed time from work, and many other problems the accident has caused in your life, this time can run quicker than you think.
Contacting a bicycle accident attorney early in the recovery process is the best way to ensure your rights to recover from the driver who hit you are preserved and protected and you do not lose your right to sue for damages.
What Damages You Can Recover From a Bicycle Accident
The ultimate goal of safe cycling is to avoid accidents altogether. However, if you are in an accident and you had the right of way, you have the right to recover from the driver who hit you. This includes your medical bills, property damage, lost wages, loss of future income, and more. The most important step you can take after an accident is to contact an experienced bicycle accident attorney to help ensure you take the right steps following the accident to protect your claim and see that you recover everything you are entitled to from the driver responsible for your accident.
Our experienced team at The Law Office of Frederic R. Abramson has been handling bicycle accident claims for years with proven results. If you have been in a bicycle accident and have questions about your rights, do not hesitate to contact us.