Getting hit by a car while riding a bicycle can be a traumatic and overwhelming experience. You may be dealing with physical injuries, emotional distress, and the confusion of figuring out what to do next. If you’ve been a bicycle accident victim in New York, it’s crucial to take specific steps to preserve your legal rights and ensure you get the compensation you deserve. At Greenspan & Greenspan Injury Lawyers, we understand the difficulties you face and are here to help guide you through the process, starting with walking you through what to do if you get hit by a car on a bike.
What to Do If You Get Hit by a Car while riding a Bike: Immediate Steps to Take
If you’ve been hit by a car when riding a bicycle, taking the right actions immediately after can significantly impact your ability to file a successful legal claim. Please know that depending on when the accident occurred, some of these steps may not be relevant for your instance, but this is our recommendation for what to do if you get hit by a car on a bike.
Ensure Safety and Seek Medical Attention
Your safety and health are the top priorities. If possible, move out of the roadway and call 911 to report the accident. Even if you don’t feel immediate pain, it’s essential to seek medical attention. Some injuries, like concussions or internal injuries, might not be immediately apparent. Getting medical documentation will also be crucial for your legal claim.
Call the Police and File a Report
It’s essential to have an official police report, as this will be vital evidence if you pursue a claim. Under New York law, bicyclists have the same rights and responsibilities as motor vehicle drivers, so both parties involved in the accident are obligated to stay at the scene. Make sure the police record your side of the story and obtain the driver’s information. It typically takes a week or two for the police to generate the final report, so be sure to remember to request one when it’s ready. Note that the New York City Police Department will not automatically come to the scene of an accident unless injuries are reported.
Gather Evidence
If you can, gather as much evidence as possible at the scene. Take photos and video of the accident site, your bike, the vehicle involved, and any visible injuries. Speak to any witnesses, make note of what they say happened, and ask for their contact information. Documenting everything you can will strengthen your claim later on.
Do Not Admit or Imply Fault
In the aftermath of an accident, it’s natural to want to explain what happened. However, statements made at the scene can be used against you in legal proceedings. Let the investigation determine the cause of the accident and avoid admitting or implying any liability. The best way to avoid accidentally admitting guilt is to have an attorney speak to insurance companies on your behalf.
Contact an Experienced Attorney
After addressing your immediate medical needs, consulting with an experienced personal injury attorney is crucial. At Greenspan & Greenspan Injury Lawyers, we can help you navigate the complex legal process, negotiate with insurance companies, and fight for the compensation you deserve.
Filing a Claim After Being Hit by a Car
After being hit by a car on a bike, you may be wondering what your legal options are. New York is a no-fault state, meaning that, in most cases, the at-fault vehicle’s insurance company will cover medical bills and lost wages. However, if your injuries are severe, you may be able to file a lawsuit against the at-fault driver for pain and suffering, as well as additional damages.
Under New York’s no-fault insurance laws, the driver’s insurance should cover your basic economic losses, such as crash related medical bills and lost wages. However, if your injuries meet New York’s “serious injury” threshold, you may be eligible to pursue a personal injury lawsuit to recover additional damages.
In New York, the serious injury threshold includes fractures, dismemberment, significant disfigurement, or any medically determined injury that results in a disability lasting more than 90 out of the first 180 days following the crash. If your injury meets this threshold, you may be able to sue the at-fault driver.
How Can an Attorney Help After I Was Hit By a Car While Riding My Bike?
Navigating the legal process of what to do if you get hit by a car on a bike can be overwhelming. Insurance companies may downplay your injuries or offer a low settlement. At Greenspan & Greenspan Injury Lawyers, we have over 30 years of experience helping clients like you recover the compensation they deserve. From filing your claim to negotiating with insurance companies and representing you in court if necessary, we’ll handle every step so you can focus on healing.
Don’t wait to seek legal guidance if you’ve been hit by a car when riding a bicycle. At Greenspan & Greenspan Injury Lawyers, we’re dedicated to advocating for your rights and securing the compensation you deserve. Contact us today for a free consultation, and let us help you navigate the legal complexities while you focus on your recovery.
Frequently Asked Questions (FAQs)
I Got Hit by a Car on My Bike: What Should I Do?
After ensuring your immediate safety, seek medical attention, call the police, and gather as much evidence as possible. Use your cell phone to take pictures and video of the scene. Then, contact an experienced attorney to review your case and discuss your legal options.
I Got Hit by a Car on My Bike: Can I Sue?
Yes, if your injuries meet the “serious injury” threshold in New York, you may be able to file a lawsuit against the driver who hit you. A personal injury attorney can help determine if you have a valid claim and the proper parties to bring your suit against.
I Was Hit by a Car on My Bicycle: How Do I Preserve My Claim?
To preserve your legal claim, document everything from the accident scene, keep track of your medical records, and consult an attorney as soon as possible. New York has a statute of limitations for filing personal injury claims, so acting quickly is crucial.
