Getting hit by a car while on your bike leaves you with serious injuries and a system that seems stacked against you. A Queens bicycle accident lawyer stands up for your rights and fights the insurance companies to get you the compensation you need to recover.
The bias against cyclists is real, but it doesn't have to be the final word. The Law Offices of Jason B. Kessler has the experience to challenge false narratives and hold negligent drivers accountable. Call us at (914) 220-1088 for a free, no-pressure consultation about your case.
Table of Contents
- Why Choose Us for Your Bike Crash Case?
- How We Prove Driver Negligence in Bicycle Accidents
- Common Causes of Bike Accidents in Queens
- Available Compensation for Your Losses
- Your Rights as a Cyclist in New York City
- FAQ for Queens Bicycle Accident Lawyer
- We Protect Your Rights
Why Choose Us for Your Bike Crash Case?
After a serious bike crash, the law firm you choose is one of the most significant decisions you'll make for your claim. The Law Offices of Jason B. Kessler provides aggressive and compassionate representation for injured cyclists across Queens.
We Know the Local Dangers
Our team’s deep connection to Queens gives us a home-field advantage. We know the borough’s streets, from the high-speed traffic on Queens Boulevard to the chaotic intersections along Roosevelt Avenue.
We understand the specific dangers cyclists face every day, whether you're commuting over the Queensboro Bridge or navigating the bike lanes on Skillman Avenue in Sunnyside.
A bike accident may happen anywhere, from a busy commercial street like Steinway Street in Astoria to a quiet residential road in Bayside. You might be struck while riding through Forest Park or delivering a package for work in Long Island City.
Our firm's knowledgeable Queens bicycle accident lawyers use this familiarity to investigate your crash, understand the local context, and build a more powerful case on your behalf.
Aggressively Countering the Blame Game
We know the first thing a driver's insurance company will likely do is try to blame you. They use tired excuses like "the cyclist came out of nowhere" or "they weren't in the bike lane" to deny responsibility.
Our firm rejects these unfair tactics and fights back with facts and evidence. Our lawyers build a case that proves the driver's negligence. We use witness statements, traffic camera footage, police reports, and accident reconstruction to tell the true story.
We’re your advocates, dedicated to making sure your voice is heard and that the blame rests where it belongs: with the careless driver.
We Manage All Insurance Issues
One of the biggest sources of stress after a bike accident is figuring out how to get your medical bills paid. New York's no-fault insurance system is confusing for everyone, especially for injured cyclists. We take that entire burden off your shoulders.
Our team handles all the paperwork and communications required to file your claim with the insurance company of the vehicle that hit you. This gives you access to immediate medical benefits so you can get the treatment you need without worrying about the cost.
Contact the Law Offices of Jason B. Kessler at (914) 220-1088 to get the help you need today.
How We Prove Driver Negligence in Bicycle Accidents
The success of your claim hinges on proving that the driver's carelessness caused your injuries. A dedicated bike crash attorney in Queens from our firm launches a comprehensive investigation to gather every piece of evidence available.
We work to build an undeniable case showing that if the driver had operated their vehicle safely, you wouldn’t have been hurt. We anticipate the defense's arguments and build a case designed to defeat them from the start.
Investigating Failures To Yield
One of the most common causes of bicycle accidents is a driver’s failure to yield the right-of-way. This often happens when a driver makes a left turn into the path of an oncoming cyclist or pulls out from a side street without looking. These are clear acts of negligence.
To prove a failure to yield, your attorney gathers evidence such as traffic camera footage, which may show the entire event. We locate and interview witnesses who saw the driver's actions.
We also analyze the positions of the vehicles and the location of the impact to demonstrate how the driver violated your right-of-way.
Uncovering Evidence of Distracted Driving
A driver looking at a cellphone is a lethal threat to every cyclist on the road. Distracted driving is a pervasive problem, but proving it requires a proactive legal strategy. A Queens bicycle accident lawyer from our firm knows how to obtain the evidence to show a driver wasn’t paying attention.
We can subpoena the driver’s cellphone records to look for texts, calls, or data usage at the exact moment of the crash. We also examine the police report for any mention of the driver’s behavior or statements they made at the scene.
Proving Fault in Dangerous Dooring Incidents
Dooring happens when a driver or passenger of a parked car opens their door directly into the path of a cyclist. This can cause the cyclist to crash into the door or swerve into moving traffic. New York law is clear: a person must look to see if it is safe before opening a vehicle door into traffic.
To prove fault in a dooring case, we interview our client to get a detailed account of what happened. Then, we look for any nearby security cameras, such as those from storefronts, that might have captured the incident.
Common Causes of Bike Accidents in Queens
While every bike crash is unique, most fall into predictable patterns of driver carelessness. These aren’t really accidents at all; they’re preventable incidents caused by a driver’s failure to share the road safely.
An experienced Queens bicycle accident lawyer from our team recognizes these patterns and knows how to establish fault in each scenario.
Some of the most frequent causes we see include:
- Unsafe Left Turns: Drivers often misjudge a cyclist's speed or simply fail to see them when making a left turn at an intersection, turning directly into their path.
- Following Too Closely: A driver who tailgates a cyclist doesn’t have enough time to stop safely if the cyclist slows down, leading to a dangerous rear-end collision.
- Failure To Yield Right-of-Way: This happens at stop signs, intersections, and when drivers are pulling out of driveways and fail to look for cyclists with the right-of-way.
- Unsafe Passing: A driver who passes a cyclist too closely may sideswipe them or force them off the road or into a hazard.
- Running Red Lights or Stop Signs: The most blatant form of driver negligence, running a traffic signal, often results in catastrophic T-bone collisions with cyclists legally proceeding through an intersection.
Available Compensation for Your Losses
A serious bicycle accident can impact every part of your life, from your health to your finances to your emotional well-being. The goal of a personal injury claim is to recover compensation that accounts for every one of these losses.
Your Queens bicycle accident lawyer meticulously documents the full extent of your damages to fight for the maximum recovery possible.
This includes payment for the following:
- All Medical Treatment: This category covers every cent of your medical expenses, including emergency services, hospital stays, surgeries, physical therapy, medications, and any future care you may require.
- Lost Income and Job Benefits: We pursue full payment for the wages, salary, and benefits you lost while out of work recovering from your injuries.
- Future Earning Potential: If your injuries are permanent and prevent you from doing your job or force you into a lower-paying role, we seek compensation for this loss of your future earning capacity.
- Property Damage: This covers the cost to repair or, more likely, replace your destroyed bicycle, helmet, and any other personal property damaged in the crash.
- Pain and Suffering: This is significant compensation for the physical pain, emotional trauma, scarring, and the loss of your ability to enjoy your life and hobbies as you did before the crash.
Your Rights as a Cyclist in New York City
In New York, bicyclists have the same rights and are subject to the same duties as drivers of motor vehicles. Unfortunately, many drivers and even some police officers are unaware of or ignore these rights.
A Queens bicycle accident lawyer from our firm works to protect your rights and uses the law to support your case.
Your rights include:
- A Right to the Road: You’re allowed to ride on most roads in New York City, even those without a marked bicycle lane.
- Drivers Must Give You Space: New York law requires drivers to pass cyclists at a safe distance to prevent sideswipes and other accidents.
- You May Leave the Bike Lane: You’re legally permitted to ride outside of a bike lane to avoid hazardous conditions, such as potholes, debris, or a double-parked vehicle.
FAQ for Queens Bicycle Accident Lawyer
Does New York’s No-Fault Law Apply to Me if I Was on a Bike?
Yes, it does. As a cyclist hit by a motor vehicle in New York, you’re entitled to no-fault benefits from the insurance policy of the car that struck you. These benefits cover your medical bills and a portion of your lost wages, regardless of who was at fault.
What if I Were Hit by a Car and the Driver Fled the Scene?
If a hit-and-run driver injured you, you may still recover compensation. You may be able to file a claim through the Uninsured/Underinsured Motorist (UM/UIM) coverage of your own auto insurance policy or a household family member’s policy.
Can I Still Have a Case if I Was Not Wearing a Helmet?
In New York, riders over the age of 14 aren’t legally required to wear a helmet. While wearing a helmet is always recommended for safety, the fact that you were not wearing one doesn’t prevent you from filing a claim.
The defense may try to argue it contributed to your injuries, but your lawyer will fight back and focus on the driver’s negligence as the cause of the accident itself.
The Driver Who Hit Me Got a Traffic Ticket. Does That Help My Case?
Yes, it can be very helpful if the at-fault driver received a ticket. A traffic ticket issued to the driver for an action like failing to yield or running a red light is strong evidence that they were negligent.
While it doesn’t guarantee you’ll win your case, your Queens bicycle accident lawyer will use the ticket to help prove the driver’s fault and strengthen your claim for compensation.
What Should I Do With My Damaged Bicycle After the Crash?
Don’t throw your bicycle away or have it repaired. Your damaged bike is a critical piece of evidence in your case. The location and severity of the damage to the bike can help an accident reconstructionist determine the angle of impact and the speed of the vehicle that hit you.
Store your bike safely until your lawyer tells you it’s okay to do otherwise.
We Protect Your Rights
The cyclist always loses in the fight between a 3,000-pound car and a 20-pound bicycle. But you don't have to be the underdog in the following legal battle. You have the right to demand justice and the compensation you need to heal and move forward.
Let our firm be your advocate. We'll take on the insurance companies and counter the unfair blame so you can put all your energy into your recovery. The first step is a simple conversation.
Contact the Law Offices of Jason B. Kessler for a free, no-obligation consultation about your case. Call us at (914) 220-1088 today.