While it might not be famous for biking, Staten Island is a great place to go for a bike ride. Whether you’re riding from Midland Beach towards South Beach or casually riding around the Island, there are plenty of great places to bike here. Unfortunately, while biking is a lot of fun, it also can be risky…particularly when it comes to navigating Staten Island’s busy, often-congested roads.

If you are hurt in a bike accident, you might be able to file a personal injury lawsuit against the driver who struck you. Through a bike accident claim, you can recover financial compensation for your property damages, lost wages, medical bills, pain and suffering, emotional distress, and other losses. Our Staten Island bike accident attorneys will aggressively advocate for your right to maximum compensation for your crash.

Based in Staten Island, O’Connor Injury Law fights for the rights of clients who have been hurt in all types of accidents, including car accidents, truck accidents, and bike accidents. For each case, we work tirelessly to help our clients get top dollar for their injuries, and we never charge a fee unless we recover money for you. Reach out to our law offices today to schedule a free initial consultation with a Staten Island personal injury lawyer.

When Can I File a Lawsuit for a Bike Accident?

Across New York City’s five boroughs, bike accidents are a major problem. Citywide, there were 4,829 bicyclists injured and 22 bicyclists killed in crashes involving motor vehicles in 2023. In Staten Island, 84 bicyclists were injured and 2 were killed in accidents with cars, trucks, buses, and/or SUVs.

There are many potential causes of bike accidents, including things like poor weather and hazardous road conditions. In Staten Island, careless drivers are also a major cause of bike crashes. This may occur when a car strikes a bicyclist when it turns across a bike lane, a driver runs a stop sign, or a driver fails to yield the right of way to a bike rider. Too often, drivers simply fail to pay attention to or respect bicyclists on the roads with them.

If your bike accident was caused by a driver hitting you, you might be able to file a personal injury lawsuit against them. These claims are usually based on a theory of negligence or carelessness. A driver is negligent if they fail to use the level of care that a reasonable person would use in a similar situation.

For example, if a driver speeds through a residential neighborhood and hits a bicyclist, they would almost certainly be considered negligent. They could then be held responsible for any injuries that the bicyclist suffered.

To get maximum compensation for a bike accident case, you will first need to prove that the driver was negligent. This requires introducing evidence of 4 things:

1. The driver owed you a duty to use reasonable care.
2. The driver violated that duty in some way.
3. This violation was the cause of the accident.
4. You were injured as a result.

Our skilled Staten Island bike accident attorneys will get to work right away to gather evidence to prove your claim. This may include everything from seeking out photos and videos of the accident scene, interviewing witnesses, reviewing medical records, and requesting police reports. We will also research New York law to build a strong legal case for compensation.

At the same time, we will explore other avenues for compensation. It may be possible to file a claim against a third party, such as the government agency that failed to properly maintain the road, causing your accident. If there was another factor that contributed to your bike accident, such as a faulty part, we can also pursue a claim against the manufacturer.

In some cases, the at-fault party might argue that you were partially at fault for the accident. For example, if you had a few beers before hopping onto your bike, the driver might claim that you were actually responsible for the crash. 

In New York, the principle of comparative negligence allows you to pursue a personal injury claim against an at-fault party even if you were somewhat responsible. In these cases, your compensation would be reduced by the percentage that you were to blame for the crash. Our law firm is adept at handling these sorts of arguments and pushing back on them to help our clients get the money that they deserve for their injuries.

How to Get Maximum Compensation in a New York Bike Accident Case

In any personal injury claim, an injured victim may be entitled to financial compensation for all of their losses. This may include money for three types of damages: economic, non-economic, and punitive damages. Economic and non-economic damages are available in every case, while punitive damages are only awarded in cases involving intentional or reckless conduct.

Economic damages pay for a bike accident victim’s financial losses. These can be quite substantial in a bike crash, given that bicyclists have very little protection compared to drivers and passengers in a motor vehicle. These damages will pay for things like:

• Property damage
• Medical bills
• Future medical treatment
• Lost wages
• Reduced earning capacity

There may also be other losses covered by economic damages. For example, if you suffered a catastrophic injury and are permanently disabled, then you might seek compensation for modifications to your house or long-term care.

Non-economic damages pay for your intangible losses. These can also be pretty significant in a bike crash case because being hit by a motor vehicle while riding your bike can be incredibly traumatic. In fact, it might make you scared to ever get back on your bike. Non-economic damages include:

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Scarring
• Disfigurement

Unsurprisingly, insurance companies rarely want to pay bike accident victims for their non-economic losses. While they can be harder to prove, they are no less important than economic damages. Our Staten Island bike accident attorneys will work with experts and use our knowledge of similar cases to fight for your right to full compensation for these losses.

Finally, punitive damages may be awarded in more unusual cases where the at-fault driver acted intentionally or recklessly. For example, you might be able to pursue punitive damages if you were hit by a drunk driver or by someone who was drag racing. Punitive damages are meant to punish the wrongdoer and deter others from engaging in similar conduct.

If a bicyclist is killed in an accident, then their loved ones may pursue a wrongful death claim. This legal action is filed by the estate to recover money for surviving family members. Through a wrongful death lawsuit, you can recover money for funeral and burial expenses, medical expenses, loss of companionship, and the loss of financial support. 

Bike accident cases usually involve an insurance company, such as the car insurance company for the at-fault driver. Insurance companies rarely agree to pay a victim the money that they deserve for their losses. Our law firm will fight for your right to full compensation, negotiating a fair settlement or taking your case to trial to get you maximum compensation.

Hurt in a Bike Accident? Give Our Law Firm a Call

A bike accident can be incredibly scary given the simple fact that bicyclists have very little protection other than a helmet and the clothes on their body. Bike accident victims deserve maximum compensation for their injuries. Our Staten Island bike accident attorneys will fight for your rights and will protect your interests throughout the process.

O’Connor Injury Law represents clients who have been hurt in bike accidents and other types of motor vehicle accidents. We offer free initial consultations and handle all cases on a contingency fee basis. To learn more or to set up an appointment with a Staten Island bike accident lawyer, give us a call at 866-927-3809 or fill out our online contact form.