Car accidents involving pedestrians or cyclists are almost always devastating. Whether you’re riding a bike or traveling by foot, you have little to no protection from the force of impact. Even a slow-speed crash is likely to result in serious injuries.
The latest report from the League of American Bicyclists indicates pedestrian and cyclist deaths are on the rise and account for a disproportionately high percentage of traffic fatalities. In 2007, for example, pedestrians and cyclists accounted for 12.9 percent of all traffic deaths. This increased to 18.2 percent in 2016.
Navigating the claims process poses certain challenges, especially if you have incurred significant damages. The best way to determine how to proceed with your case is to speak with a personal injury lawyer. In the meantime, read on to learn the answers to three FAQs about pedestrian and cyclist accident claims in New York:
- Do I Have Grounds for a Bodily Injury Claim?
If you want to pursue compensation beyond the standard no-fault benefits following a pedestrian or bicycle accident, you must prove that the injuries you sustained meet the state’s “serious injury” threshold. New York considers an injury to be serious if it results in:
- Scarring, disfigurement, or dismemberment;
- One or more fractures;
- The loss of a fetus;
- The permanent loss of use of an organ, function, or system;
- The permanent or significant limitation of an organ, function, or system;
- At least 90 days of disability during the 180 days following the accident; or
- Death.
- How Can I Prove I Meet the “Serious Injury” Threshold?
Evidence that may contribute to the strength of your bodily injury claim includes:
- Diagnostic images;
- Medical records;
- Statements from various specialists regarding your prognosis;
- Pharmacy records;
- Photographs of any visible injuries;
- Income statements noting any missed work; and
- Journal entries detailing the recovery process.
- How Long Do I Have to File a Lawsuit?
In the state of New York, injured pedestrians and cyclists typically have three years from the date of the accident to bring their case to court. If your loved one died in a pedestrian or bicycle accident, your family has just two years to file a wrongful death lawsuit.
If poor road conditions or traffic signage was to blame for the crash, though, and you want to sue a government entity, you have just 90 days to start the proceedings by submitting a Notice of Claim. You then have one year and 90 days from the date of the accident to file the lawsuit.
Call 212-421-0300 to Speak with a Pedestrian Accident Attorney in New York City
If you were struck by a distracted driver while riding your bike or walking, contact The Law Office of Richard M. Kenny. We are dedicated to getting our clients the results they deserve, and we are not afraid to go up against even the largest insurance companies to do so. Call 212-421-0300 or use our Online Contact Form to set up a free case evaluation with a pedestrian accident lawyer in New York City.
