Jeffrey Weiskopf, P.C. provides effective representation to victims of a bicycle accident who have sustained injuries or to families who have lost their loved ones.
We understand how such accidents can change lives—whether it be the physical injuries one bears, the financial burdens accruing from loss of income, or the painful grief of losing a loved one.
Let us help you in seeking justice, holding accountable those liable for the accident and compensation at hand. We always offer free consultation and case evaluation to our potential clients so that you can take the first step toward legal action without any financial burden.
Bicycle accidents can happen in so many ways, and the potential for many different types of injuries exists from a number of accident types. These include impacts with motor vehicles, “dooring” from parked cars, hit-and-run accidents, and accidents due to poorly maintained roadways. In each of these cases, the impact on the cyclist could be devastating.
Injuries from bicycle accidents range from broken bones and concussions to more severe cases such as traumatic brain injury, spinal cord damage, and internal injuries. Their seriousness can further result in long-term medical care, rehabilitation, and permanent disability in some cases. Many times, these accidents are fatal, and for the loved one left behind, the death is extremely difficult to get over.
Cyclists in New York enjoy road rights, and drivers are legally obliged to show respect. Laws on bicycle accidents in New York are pretty clear regarding what motorists and cyclists are expected to do regarding their actions to prevent a dangerous situation from occurring. Motorists are to keep adequate space from riders, obey the rules of the road, and be careful with cyclists in traffic. They may be liable for damages and injuries if they don’t do so and they cause an accident.
Cyclists, too, must abide by the rules of the road, which generally means riding in a designated bike lane when available, signaling turns, and yielding when appropriate. However, because cyclists have very little protection, the consequences of being hit by a motor vehicle are almost always catastrophic. Understanding these laws is important in building a strong case.
New York has specific laws regarding bicycle accidents and wrongful death claims. Such laws are in place to ensure the compensation due to the victim of negligence and also to set a legal basis for proof of fault. Bicycle accident law falls under the broad heading of personal injury law and, therefore, requires the same threshold for the burden of proof: the injured party must be able to prove that the other party was negligent in actions or inactions that caused the accident to occur.
Wrongful death laws in New York allow close family members of the deceased to file a claim on his or her behalf. New York statutes define who can file, such as spouses, children, and parents. Wrongful death acts in New York also identify what kinds of compensatory damages are recoverable, such as funeral expenses, lost earnings, and loss of companionship.
There are specific time frames under New York law for filing bicycle accident and wrongful death claims. For most personal injury cases related to a bicycle accident, the statute of limitation is three years from the date of the accident. When it comes to wrongful death, however, this shrinks to two years from the date of death.
Be aware of the deadlines, as missing them may prevent you from seeking compensation. Exceptions under the statute of limitations do apply in the case of an injured minor or incapacitated person. Thus, the deadline may be extended in such cases. We can help clarify the time limits that apply to your particular case and ensure that your claim is filed in a timely manner.
In making a bicycle accident claim, the onus rests with the person who has been injured or representatives of the estate of a loved one who may have been killed. For us to successfully pursue a claim on your behalf, we must be able to prove these four elements: duty of care, breach of duty, causation, and damages. First, we need to show that the driver had a duty to use their vehicle in a responsible manner, in a way that protects cyclists.
The next thing that has to be shown is that the driver breached this duty by failing to act as a reasonable person would under similar circumstances. It can involve reckless driving, failing to yield, distracted driving, and other such omissions. Causation refers to the relationship between the breach of duty and the accident. Prove that what he did directly caused the accident and subsequent injuries. Finally, we will have to itemize the damages: medical expenses, lost wages, pain and suffering, or funeral bills.
Expert testimony can often be critical to proving these elements in complex, contested liability cases. We will work with accident reconstruction experts, medical experts, and other experts necessary to build a strong case and clearly establish how the accident happened and the full extent of the impact one suffers in one’s life.
If you or a loved one has been involved in a bicycle accident, the process of filing a lawsuit begins with an investigation into the incident. When you come in for your free consultation, we will sit down and go through your case with you, looking at the facts and determining what to do next. In this meeting, we will explain your valuable legal rights and guide you on how to make a claim.
Evidence is gathered after an initial consultation, which may involve obtaining a police report, securing witness statements, examining medical records, and consulting with experts. Once we’ve built a case for you, we will file a lawsuit in New York State or Federal Court on your behalf. Following that, the legal process involves a number of pre-trial procedures, from discovery and deposition to potential settlement negotiations.
If one of your loved ones dies from a bicycle accident, then it may be hard to know where to turn. Under New York State law, some family members can file on behalf of the deceased in wrongful death cases, including surviving spouses, children, parents, or other next of kin. Minor children’s legal guardians or parents generally have the authority to pursue compensation through a lawsuit if the child is lost.
In the case of a wrongful death claim, negligence by the driver needs to be proven, and that such negligence is causally related to death. At this most trying time, we will work with the families in gathering the evidence so as to build a case that will not only be in memory of your loved one but also help in the seeking of justice on their behalf.
You want to talk with an attorney as soon as possible following a bicycle accident to be sure that your rights are fully represented. Insurance companies and the legal process will make matters worse if you are trying to go it alone and risk missing out on a lot of your claim, adding further weight on top of dealing with any injuries or loss of loved ones. In our firm’s case, you will have our team working tirelessly toward justice on your behalf and making sure that all those responsible are held accountable.
With our experience working on bicycle accident cases in New York, we know full well how disastrous the effect of such an accident can be. Indeed, proving liability and calculating damages is very complicated, not to mention the hassles of negotiating with insurance companies for a reasonable settlement. That’s why our firm wants to walk you through the legal process and provide support and representation during this trying time in your life.
In the case of a successful bicycle accident claim, there are a variety of different compensation types to which you could be entitled. On one hand, the economic damages include direct medical bills, lost wages, rehabilitation, and, in cases of wrongful death, funeral expenses. These types of damages are more or less easily calculated since they are based on actually incurred expenses and documented income loss.
On the other hand, non-economic damages account for the emotional toll and the psychic toll due to the accident. These damages may include damage for pain and suffering, loss of enjoyment of life, or emotional distress. Though these damages are harder to quantify, they are no less important. In some cases, we may also pursue punitive damages intended to punish the at-fault party for the recklessness or intentionality of their actions.
At Jeffrey Weiskopf, P.C., bicycle accident attorneys are proud of their years of practice in handling such cases. Jeffrey Weiskopf has recovered millions of dollars for clients through trial, mediation, and alternative dispute resolution. We are proud to work closely with each client, keeping them completely informed and comfortable throughout the process of litigation.
Our firm is dedicated to maintaining a client-centered focus, putting your needs and concerns first in the pursuit of your case. We understand that no two bicycle accident cases are alike, so we are here to work out personalized legal strategies for you. We encourage you to call us today at 914-350-5175 for your free consultation so that we may discuss your case and outline your legal options.
If you or your family member has been involved in a New York bicycle accident, do not hesitate to contact Jeffrey Weiskopf, P.C., for legal representation. Our firm will help simplify this very complex legal process for you and work hard to make sure that you or your loved one are appropriately compensated. Contact us at 914-350-5175 to receive a free consultation, or visit us in our office, located at 30 State St, Suite 2B, Ossining, NY 10562. Let us help you take that first step toward justice and healing.
Yes, New York is a no-fault state for bicycle accidents as the New York No-Fault Law applies to cyclists and pedestrians injured by motor vehicles.
This law provides for the payment of medical expenses and lost wages for those injured in a bicycle accident, regardless of who is at fault.
In the event of a bike accident, call the police and seek medical attention right away. Take photos of any injuries and keep any damaged clothing and bike parts for evidence.
Follow up with a doctor’s evaluation, and document your symptoms over a few days.
If you are involved in a bicycle accident, it’s recommended to consult a lawyer immediately to protect your rights and interests.
Having a lawyer on your side can help you navigate the legal process and ensure you receive the compensation you deserve. They can also help you understand the laws and regulations that apply to your case and advise on how to proceed.
Hiring a New York bicycle accident lawyer offers the benefit of an experienced specialist to help navigate complex legal processes, ultimately enabling you to get the compensation you deserve.
Having a lawyer on your side can make a massive difference in the outcome of your case. They can help you understand the legal system, advise on how to proceed, and represent you in court if necessary. With their expertise, you can be successful.
Jeffrey Weiskopf, P.C.
