queens bike accident lawyer

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Queens Bike Accident Lawyer

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Bike accidents in New York can lead to severe injuries that disrupt lives and burden victims with significant medical expenses, lost wages, and long recovery periods. New York’s traffic laws dictate the rights and responsibilities of cyclists. In addition, these laws are designed to protect bicyclists and ensure they receive fair compensation when accidents happen.

If you’ve been injured cycling in Queens, partnering with a knowledgeable Queens bike accident lawyer from K L Sanchez Law Office, P.C. can make a significant difference in the outcome of your claim. Our team of experienced Queens personal injury lawyers has extensive experience in dealing with local traffic laws and insurance practices, which is essential when working toward recovering the maximum compensation possible for your injuries and losses. We work diligently to protect our clients’ interests, both in settlement negotiations and, if necessary, in court.

Having a competent attorney by your side can help alleviate the stress of legal proceedings while you focus on your recovery.

If you or a loved one has been affected by a bike accident, contact K L Sanchez Law Office, P.C. today at (646) 701-7990 to discuss how they can assist you in securing the compensation you deserve and protecting your rights throughout the legal process.

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I had a really good experience working with my lawyer Keetick Sanchez. She greatly helped me through a stressful time in my life and made the whole process go very smooth. Ms. Sanchez’s paralegal Sonia Espinoza was always available and took the time to answer all of my questions. Neither of them ever rushed me through anything, rather they provided me with thoughtful support and advice.

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Bike Accident Laws in New York

Bicyclists in New York are subject to specific laws that govern their rights and responsibilities on the road. Understanding these regulations is essential for both compliance and protection in the event of an accident.

In New York State, bicycles are defined separately from motor vehicles under the Vehicle and Traffic Law (VTL). According to VTL § 102, a bicycle is defined as a “two- or three-wheeled device propelled by human power through a belt, chain or gears.” This definition distinguishes bicycles from motor vehicles, which are defined in VTL § 125 as “every vehicle operated or driven upon a public highway which is propelled by any power other than muscular power,” thereby excluding bicycles from the category of motor vehicles.

However, it’s important to note that while bicycles are not classified as motor vehicles, cyclists are granted the same rights and are subject to the same duties as drivers of motor vehicles when operating on roadways, as stipulated in VTL § 1231. This means that cyclists must adhere to the same traffic laws and regulations applicable to motor vehicle operators. Additionally, bicycles must be equipped with a white front light visible from at least 500 feet and a red rear reflector or taillight visible from up to 300 feet when ridden at night.

Classification of Electric Bicycles (E-Bikes)

Additionally, the introduction of electric bicycles (e-bikes) has led to specific classifications within New York law. E-bikes are categorized into three classes based on their speed and operational capabilities, and they are subject to certain restrictions and requirements distinct from traditional bicycles. For instance, Class 1 and Class 2 e-bikes are limited to a maximum speed of 20 miles per hour, while Class 3 e-bikes can reach up to 25 miles per hour. These classifications help determine where and how e-bikes can be legally operated within the state.

In New York State, all bicyclists under the age of 14 are required to wear safety-certified bicycle helmets. While there is no statewide helmet mandate for adults, wearing a helmet is strongly recommended for safety. Not wearing a helmet does not bar an injured cyclist from recovering damages; however, it may influence the assessment of damages, particularly if head injuries are involved.

Understanding the legal distinctions between bicycles and motor vehicles in New York is crucial for cyclists, especially when involved in accidents. At K L Sanchez Law Office, P.C., our experienced Queens bike accident attorneys are dedicated to protecting the rights of injured bicyclists. Contact us today for a free consultation to discuss your situation and explore your legal options.

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I would like to thank the KL Sánchez group and the lawyer Sanchez, for helping my mother and myself to fight the lawsuit in a car accident which turned out to be favorable to us due to the experience and the good work done. Likewise for Sonita Espinoza, who is the paralegal who assisted me in this almost 2-year process. I highly recommend this defense group for car accident cases, criminal defense, construction falls. Thank you very much and God bless you for your good work. Edwin Morazan.

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Why You Need an Experienced Bike Accident Lawyer in Queens

The aftermath of a bicycle accident in Queens can be challenging; aside from your injuries, you will also have to contend with the legal processes involved with filing a claim along with insurance adjusters who may try to minimize any claims for compensation. Queens has witnessed a notable number of bicycle accidents in recent years. In 2020, the borough reported 1,238 incidents involving bicycles, e-bikes, and e-scooters, resulting in 1,067 injuries.

Additionally, data from the New York State Department of Transportation indicates that in 2020, there were 2,134 bicycle injuries reported in Queens, marking a 4% increase from the previous year. These statistics underscore the importance of legal representation for cyclists in the area.

At K L Sanchez Law Office, P.C., our attorneys have handled numerous Queens bike accident cases. Our team is well-versed in local traffic laws and familiar with the area’s specific accident patterns. We are dedicated to providing comprehensive support to bicycle accident victims, aiming to secure compensation for medical expenses, lost wages, and other related damages. We work diligently to allow you to focus on your recovery while we protect your rights and interests.

Types of Bike Accidents in Queens

Bike accidents in Queens can occur under various circumstances, each presenting unique challenges and legal considerations. 

Type of Bike AccidentDetails
Intersection CollisionsOccur due to high traffic density and failure to yield or notice cyclists. Legal outcomes rely on traffic signals, right-of-way laws, and witness accounts.
Dooring AccidentsHappen when a car door is opened into a cyclist’s path. Responsibility usually falls on the person opening the door under New York law.
Accidents Caused by Poor Road ConditionsCaused by potholes, uneven surfaces, or unmarked construction. Claims may be made against municipal entities if negligence in road maintenance is proven.
Hit-and-Run AccidentsInvolve motorists fleeing the scene. Victims can seek compensation through uninsured motorist coverage or the MVAIC if the driver remains unidentified.

Intersections are common hotspots for bicycle accidents, often due to the complex interaction of multiple road users with conflicting movements. In Queens, where traffic density is high, bicyclists are particularly vulnerable to collisions caused by drivers who may fail to yield the right of way or overlook a cyclist while turning. Legal outcomes in these cases can depend heavily on traffic signals, right-of-way laws, and witness statements.

Dooring accidents occur when a car door is opened into the path of an oncoming bicyclist, leading to potential injury. These accidents are prevalent in urban settings like Queens, where parked cars are abundant along busy streets. Under New York law, the responsibility typically falls on the person opening the vehicle door to ensure it is safe to do so without endangering passing bicyclists.

Poor road conditions, including potholes, uneven road surfaces, and unmarked construction sites, can cause serious bike accidents. Bicyclists affected by such conditions in Queens may have claims against municipal entities responsible for road maintenance. These cases require demonstrating that the entity knew or should have known about the dangerous condition and failed to correct it.

Hit-and-run accidents pose significant challenges, especially when the motorist who fled the scene remains unidentified. Victims of hit-and-run bike accidents in Queens can seek compensation through uninsured motorist coverage or the Motor Vehicle Accident Indemnification Corporation (MVAIC) if applicable. Legal representation is crucial in the procedures and documentation required to secure compensation under these circumstances.

In light of the diverse and often challenging types of bike accidents that can occur in Queens, the guidance of a proficient lawyer is essential. Our bike accident attorneys at K L Sanchez Law Office, P.C. are well-versed in the nuances of New York’s traffic and insurance laws. Our team brings a wealth of experience in representing bicyclists who have suffered injuries. K L Sanchez Law Office, P.C. stands ready to assist injured bicyclists in exploring their legal options and achieving the best possible outcome in their case.

Contact us today at (646) 701-7990 for a free consultation.

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The legal office of Lawyer K L Sánchez, provided us with an excellent service with very qualified personnel, Lawyer Sánchez is a very professional, very qualified and very responsible person, in the same way Ms. Yenny is a very professional and qualified person, they They show interest and concern for your case and do not rest until it is 100% resolved, which I certainly recommend. For my part you have my gratitude and thanks.

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Common Injuries from Bike Accidents

Bicycle accidents can result in a range of injuries, from minor abrasions to severe trauma. Understanding these injuries is crucial for appropriate medical treatment and legal considerations.

Head injuries, including traumatic brain injuries (TBIs) and concussions, are among the most serious outcomes of bicycle accidents. Even with helmet use, cyclists can sustain significant head trauma, leading to cognitive impairments, memory loss, and emotional changes. These injuries often require extensive medical evaluation and ongoing care.

Collisions frequently result in fractures, particularly to the arms, legs, and collarbone. The impact can cause bones to break, necessitating immobilization, surgery, and rehabilitation. Recovery times vary based on the severity and location of the fracture.

Soft tissue injuries, such as sprains, strains, and deep cuts, are common in bicycle accidents. These injuries can lead to significant pain, swelling, and limited mobility, often requiring medical treatment and physical therapy.

Severe injuries may necessitate prolonged rehabilitation to restore function and quality of life. This process can include physical therapy, occupational therapy, and psychological support, depending on the nature and extent of the injuries. Understanding the potential for long-term rehabilitation is essential for planning and securing appropriate resources.

How Insurance Works in a Bicycle Accident Case

In New York, the no-fault insurance system is designed to provide prompt compensation for medical expenses and lost wages to individuals injured in motor vehicle accidents, regardless of who is at fault. This system extends to bicyclists who are injured as a result of a collision with a motor vehicle. Under New York’s no-fault law, if a cyclist is struck by a car, truck, or bus, the vehicle’s no-fault coverage is responsible for paying all reasonable and necessary medical expenses related to the collision, as well as lost wages. 

However, it’s important to note that no-fault benefits are not applicable in situations where the bicycle accident does not involve a motor vehicle. For instance, if a cyclist is injured due to poor road conditions, a collision with another cyclist, or a self-inflicted accident, no-fault insurance would not apply. In such cases, the injured cyclist would need to seek compensation through other avenues, such as health insurance or a personal injury lawsuit against the responsible party.

To qualify for no-fault benefits as a cyclist in New York, the following conditions must be met:

  • The accident occurred in New York.
  • The crash involved a motor vehicle that is registered and insured in New York.
  • The motor vehicle is not a motorcycle.

It’s also crucial to file a no-fault application within 30 days of the accident with the insurance company of the vehicle that struck you. Failing to do so may result in the denial of your claim. 

Because bicyclists are not required to have the same insurance as drivers, the process for filing claims after a bike accident can differ from the process after a car accident. It’s important to understand your rights and options under New York law when it comes to recovering damages from a bicycle accident.

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Dealing with the aftermath of a car accident was tough, but having this Keetick by my side made all the difference. Her skill in the courtroom and compassion during my recovery period were more than I could have asked for. Truly the best in Queens.

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Filing a Bike Accident Claim

Pursuing a claim after a bicycle accident in New York involves several critical steps, each essential for securing appropriate compensation.

Establishing fault is fundamental in a bike accident claim. New York operates under a pure comparative negligence system, allowing injured parties to recover damages even if they are partially at fault. The compensation awarded is reduced by the percentage of the plaintiff’s fault. For instance, if a cyclist is found to be 30% responsible for an accident, their compensation would be reduced by 30%. This underscores the importance of accurately determining each party’s level of negligence.

Filing a bicycle accident claim in New York involves several key steps:

  1. Seek Immediate Medical Attention: Prioritize your health by obtaining prompt medical care, even if injuries seem minor. This ensures proper treatment and creates a medical record linking injuries to the accident.
  2. Gather Evidence at the Scene: If possible, collect information such as photographs of the accident scene, contact details of witnesses, and the other party’s insurance information. This evidence supports your claim.
  3. Report the Accident to Authorities: File a police report to document the incident officially, which can be crucial for insurance and legal proceedings.
  4. Notify Your Insurance Company: Inform your insurer about the accident promptly to initiate the claims process. Provide all necessary details and documentation.
  5. Consult with a Legal Professional: Seek legal advice to understand your rights and obligations fully. An attorney can guide you through the process and help negotiate with insurance companies.
  6. File the Claim: Submit all required forms and documentation to the appropriate insurance company. Ensure accuracy and completeness to avoid delays.
  7. Negotiate a Settlement: Engage in discussions with the insurance company to reach a fair settlement. Be prepared to provide additional information or clarification as needed.
  8. Consider Legal Action if Necessary: If a satisfactory settlement cannot be reached, you may need to file a lawsuit within the statute of limitations, which is generally three years from the date of the accident in New York.

Adhering to these steps can facilitate a smoother claims process and help secure appropriate compensation

The legal process may involve:

  • Investigation: Both parties gather evidence to support their claims.
  • Discovery: Exchange of information between parties through depositions, interrogatories, and document requests.
  • Mediation: An attempt to resolve the dispute through a neutral third party.
  • Trial: If mediation fails, the case proceeds to court, where a judge or jury determines the outcome.

Understanding these phases can help you prepare for the progression of your claim.

When pursuing a bicycle accident claim in Queens, the assistance of a knowledgeable attorney from K L Sanchez Law Office, P.C. can be invaluable in protecting your rights and securing the compensation you deserve. We provide comprehensive support through every step of the claims process—from gathering and analyzing evidence, filing the necessary documentation, to negotiating with insurance companies. If negotiations do not result in a favorable outcome, they are prepared to advocate zealously on your behalf in court. By partnering with K L Sanchez Law Office, P.C., injured bicyclists can trust that their case will be handled with the diligence and dedication required to achieve a just resolution.

To learn more about how we can assist you, contact us today at (646) 701-7990 for a free consultation.

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I just recently had an awesome experience with the team at K L Sanchez law office. The lawyer, Kettick Sanchez, was very professional and knowledgeable throughout the whole process, her assistant Kelly was also great at communicating and helping me with any concerns I had. Would definitely recommend their services due to their high quality of work and passion!

mary o

Compensation for Bike Accident Victims

After a bicycle accident in New York, victims may be entitled to various forms of compensation to address their injuries and associated losses.

Victims can seek compensation for:

  • Medical Expenses: Costs for hospital stays, surgeries, medications, rehabilitation, and future medical care.
  • Lost Wages: Income lost due to the inability to work during recovery, including potential future earnings if the injury affects long-term employment.
  • Pain and Suffering: Compensation for physical pain, emotional distress, and diminished quality of life resulting from the accident.
  • Property Damage: Costs to repair or replace the bicycle and any other personal property damaged in the accident.
  • Loss of Consortium: Compensation for the negative impact on relationships with family members due to the injuries sustained.

Determining appropriate compensation involves:

  • Assessing Economic Damages: Calculating tangible costs such as medical bills and lost income.
  • Evaluating Non-Economic Damages: Assigning a monetary value to subjective experiences like pain and suffering, often using multipliers based on the severity of the injury.
  • Considering Comparative Fault: In New York’s pure comparative negligence system, compensation is reduced by the victim’s percentage of fault. For example, if a cyclist is found 20% at fault, their compensation is reduced by 20%.

When deciding between a settlement and going to trial for a bike accident case, several factors must be considered to determine the best course of action. Settlements offer a quicker resolution, typically involve less stress for the injured party, and provide a certain outcome that avoids the unpredictability of a jury decision. They allow for negotiation directly with the insurer or defendant to arrive at a mutually agreeable compensation amount, often making them a preferred choice for many who wish to avoid prolonged legal proceedings.

On the other hand, opting for a trial might be advisable if the settlement offered does not adequately cover the damages suffered, or if liability is contested and needs to be resolved by a judge or jury. Trials can potentially result in higher compensation than initially offered settlements, but they also come with risks such as higher costs, longer duration, and no guaranteed outcome. The decision ultimately depends on the specifics of the case, including the strength of the evidence, the extent of the injuries, and personal circumstances of the plaintiff.

Whether settling out of court or proceeding to trial, the guidance of a seasoned lawyer from K L Sanchez Law Office, P.C. is crucial. Our bike accident attorneys are well-versed in both the strategic negotiation of settlements and the rigorous demands of trial advocacy. With a comprehensive understanding and dedication to our clients’ best interests, we can manage the negotiation process to secure a fair settlement or, if necessary, assertively represent your case in court to aim for the best possible verdict. 

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Secure Effective Legal Assistance: Contact Our Skilled Queens Bike Accident Lawyers Today

Understanding the intricacies of New York’s bike accident laws and the claims process is essential for securing your rights and compensation after an accident. With the support of a skilled Queens bike accident attorney from K L Sanchez Law Office, P.C., you can confidently approach your case, knowing that you have experienced legal representation ready to vigorously defend your interests and pursue the maximum compensation on your behalf.

The process following a bike accident can be overwhelming, but you don’t have to face it alone. Working with K L Sanchez Law Office, P.C. gives you a partner who will stand by you at every step, from dealing with insurance adjusters to representing you in court if needed.

Contact us today at (646) 701-7990 to learn how we can help you move forward from your accident.

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I would HIGHLY RECOMMEND! I will give more than 5 stars if I could! They are really so helpful and knowledgable. The team always made sure our case was up to date, especially YENNY. She’s one of a kind! She’s always there when I need her! So polite and so kind. We are so grateful to Attorney Sanchez and her team for winning our case!!! Thank you so much K L Sanchez Law Office!

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