Motor Vehicle Bicycle Accident Attorney

motor vehicle related bicycle accidents
are the most common form of injury producing bicycle accident in New York City When an accident arises from contact
with a motor vehicle and the bicyclists sustains injury the bicyclists is covered for necessary
medical expenses and a portion of loss earnings through the insurance coverage for the
motor vehicle involved regardless of fault. This is commonly known as no-fault law. This portion of coverage is separate and apart from the liability
portion of the claim which seeks to obtain compensation for
pain and suffering loss of enjoyment of life and other non covered
economic losses which is discussed in detail in our video
video valuing a personal injury claim A claim for no-fault benefits must be timely filed with the insurance company for the
vehicle involved within thirty days of the accident. Medical bills from treatment for
injuries sustained must be submitted for payment to the carrier within forty five days of
giving treatment. Obtaining proper insurance information from motor vehicle involved is extremely important in timely filing no-fault claim. If the motor vehicle involved is uninsured or fled the scene and remains unidentified
unidentified please see our separate video on the
topic of the hit-and-run uninsured accidents. The minimum coverage for personal injury protection under New York State law is fifty thousand per occurrence. The liability claim is conditioned upon proving fault
proving fall which can either be a violation of the
statutory requirement that was the cause of the accident or negligence. Which is a requirement of a motorist to
use the decree of care that are reasonably prudent person would under a similar circumstance. New York state recognizes pure
comparative fault comparative fault, where the plaintiff as well as the defendant can be found at fault to a matter of degree all of which must add up to one hundred percent.
percent Whatever percentage of fall that is allocated to the bicyclists
plaintiff would serve to reduce the damage awarded by the same percentage. In addition to having to prove fault on the part of the defendant the plaintiff in a bicyclist motor
vehicle accident in New York State must prove a serious injury as defined by the No-Fault Law. In short what the no-fault law provides
in the way of basic coverage for medical expenses and lost earnings it takes away in the right to maintain a
case in the court system for bodily injury unless the plaintiff can prove a serious injury as defined by the No-Fault Law. If any one injury meets one or more of the serious injury
categories then all the injuries are compensable. whether they are serious or not this is commonly known is the threshold
requirement. The recognize categories of the serious
injury requirement is as follows any type of fractured bone whether displaced or not a permanent impairment of the use of the
bodily organ member function or system a significant limitation of the use of a
bodily organ member function or system a significant disfigurement translated into a scar that is deemed unattractive
by one of reasonable sensitivity another category five at least ninety of the first hundred eighty days following the accident unable to carry out the any usual
occupation subject to what a reasonable person
would do under similar circumstances some other obvious categories are death, dismemberment, pregnant loss of a fetus. Once again the law requires that only one injury
must meet anyone of the mentioned categories if so all the injuries are subject
compensation some categories of injury such as the
permanent impairment category insignificant limitation category can be subject to a factual question to
be determined by a jury but is also subject to a significant
line of case law interpretation which unfortunately is well beyond the
scope of this video in the determination of fall there were two general categories of law the first is known as common law
negligence in which both the bicyclists in the
operator of the motor vehicle must exercise the degree of care that in ordinarily prudent person would under similar circumstance A deviation from ordinary care that is a cause of the accident can provide the basis for liability The second category of law is that of a violation of the statute which is a legislative mandate governing
the course of conduct the statutory violation is even stronger foundation for funding
of liability as long as it is considered a cause of
the accident There is an instruction given by the trial judge to the jury that if a violation of the statute is
found that is a cause of the accident then the jury must find negligence There are numerous potentially applicable
statutory violations for a list of statutes please take a look at our page of
relevant statutes Each set of facts can be different and accordingly it is the judge that makes a final determination of the
applicable statutes that may be given to the jury for
consideration once there has been a finding of
negligence and serious injury requirement has been
met then the jury is directed to determine
damages the determination of damages in a
personal injury action is a difficult task due to the extensive nature of this
topic we do have a separate video speaking to how much of cases worth needless to say our firm next every
effort to secure the best recovery we can for our clients if you or someone you know has been
injured in the bicycle accident as a result of the negligence of another please contact us for a free consultation with no obligation