As a cyclist, you have rights on the road, yet drivers often fail to see you, and their insurance companies may try to unfairly blame you. A White Plains bicycle accident lawyer protects your rights and builds a case to show what really happened.
Attorneys know how to counter the driver's narrative and fight for the compensation you need to recover. You have a path forward, and it starts with having a strong advocate on your side. Contact the Law Offices of Jason B. Kessler at (914) 220-1088 for a free conversation about your rights.
Table of Contents
- Why Choose the Law Offices of Jason B. Kessler for Your Bicycle Accident Claim
- How a Bicycle Accident Attorney in White Plains Helps You
- Common Causes of White Plains Bicycle Accidents
- Available Compensation in a White Plains Bicycle Accident Claim
- FAQ for White Plains Bicycle Accident Lawyer
- Take Back the Road
Why Choose the Law Offices of Jason B. Kessler for Your Bicycle Accident Claim
At the Law Offices of Jason B. Kessler, we provide focused and determined representation for injured cyclists. We believe that negligent drivers must be held accountable when they cause harm.
We’re Part of the White Plains Community
We don't just work in White Plains; we’re part of this community. We understand the specific dangers cyclists face, whether you were commuting on Mamaroneck Avenue, riding near the shops at The Galleria, or enjoying a trip along the Bronx River Pathway.
Our knowledge of these local roads and conditions is a direct benefit when we reconstruct the events of your crash. A bike crash attorney from our firm brings this local insight to your case from day one.
We Stand Up for Injured Cyclists
Many people, including insurance adjusters, have an unfair bias against cyclists. They might suggest you came out of nowhere or weren't following the rules. We know this isn't true, and we work diligently to fight this prejudice on your behalf.
Our firm is committed to championing the rights of bicycle riders. We know the vehicle and traffic laws that protect you.
We Fight for Full and Fair Compensation
The effects of a bicycle crash go far beyond the initial injuries. We work to build a claim that reflects all your losses. A quick offer from an insurer almost never covers the true cost of a serious bicycle accident.
A dedicated White Plains bicycle accident lawyer from our team will develop a comprehensive demand for the full value of your claim. We prepare every case thoroughly, signaling to the opposition that we’re ready to fight for a just outcome.
Let us be your advocates. Call the Law Offices of Jason B. Kessler at (914) 220-1088 for a free consultation.
How a Bicycle Accident Attorney in White Plains Helps You
A bicycle accident lawyer takes on the legal and administrative burdens for you. They manage every part of your claim so you can heal without the added stress of battling an insurance company. A lawyer provides constant support. They’re your voice and guide through the entire legal journey.
Proving the Driver's Negligence
The core of your claim is proving that the driver was at fault. Your lawyer investigates to establish exactly how the driver's carelessness led to your injuries. They gather the police report, talk to witnesses, and search for video footage from traffic cameras or nearby businesses.
Your White Plains bike accident lawyer looks for specific evidence of negligence, including the driver's cell phone records, to check for distracted driving. They may also work with accident reconstruction professionals to demonstrate how the collision occurred and who was responsible.
Managing Insurance Company Communications
Soon after the accident, the driver's insurance adjuster will likely contact you. They may sound friendly, but their goal is to get you to say something they can use to deny or devalue your claim. They want to protect their company's bottom line: profits.
Once you hire the Law Offices of Jason B. Kessler, all communication goes through us. You won't have to talk to the adjuster again. Your lawyer will handle every conversation, negotiation, and piece of paperwork, protecting you from common insurance company tactics.
Recovering Property Damage
The driver's negligence may have destroyed your bike, helmet, and other expensive gear, so your attorney makes a separate claim for these property damages. We compile receipts and estimates to document the replacement value of your bike and any other personal items destroyed in the crash.
We work to recover these costs for you in addition to the compensation for your personal injuries.
Identifying All Liable Parties
In some bicycle crashes, the driver isn’t the only one at fault. A skilled bike crash lawyer in White Plains will investigate every potential source of liability to maximize your recovery. Their investigation uncovers any and all contributing factors.
Potentially liable parties may include:
- The Driver’s Employer: If the driver was working at the time of the accident, such as making a delivery or driving for a rideshare company, their employer might also be held liable.
- A Government Entity: If a poorly maintained road, a malfunctioning traffic signal, or an unsafe street design contributed to the crash, a government municipality might be responsible.
- A Vehicle Manufacturer: In rare cases, a defect in the car that struck you, such as faulty brakes, could mean the car's manufacturer shares some of the blame.
Common Causes of White Plains Bicycle Accidents
Most bicycle accidents are preventable. They happen when a driver of a car or truck fails to share the road safely. A White Plains bicycle accident lawyer meticulously investigates the circumstances of your crash.
Driver Inattention and Distraction
A driver's most important job is paying attention to the road. Unfortunately, distractions are everywhere, and cyclists frequently pay the price. A driver looking at a text message, adjusting the radio, or talking to a passenger can fail to see a cyclist right in front of them.
Even a few seconds of inattention behind the wheel of a two-ton vehicle can change a cyclist's life forever.
Failure To Yield
Cyclists have the same rights to the road as motorists, but drivers often act as if they don't. Many accidents occur at intersections when a driver makes a left turn directly into the path of an oncoming cyclist. Others happen when a driver pulls out from a side street or driveway without looking.
In these situations, drivers often claim, "I never saw them." Your lawyer works to prove that they failed to properly look and yield the right-of-way as required by law. They reconstruct the accident scene to show your visibility and that the driver had a clear opportunity to avoid the collision.
Unsafe Lane Changes and Passing
Drivers often misjudge the speed and space needed to pass a cyclist safely. New York law requires drivers to give cyclists ample room when overtaking them. An unsafe lane change or passing too closely can cause a sideswipe accident or force a rider off the road.
Your bicycle crash attorney in White Plains will analyze the physical evidence and witness accounts to demonstrate that the driver acted recklessly. They show that a safe and prudent driver would have waited for a better opportunity to pass.
Dooring Accidents
A dooring accident happens when a person in a parked car suddenly opens their door into the path of an approaching cyclist. These accidents are particularly common on busy streets, like Hamilton Avenue and Main Street, with on-street parking.
They’re almost always the fault of the person opening the car door, as they have a responsibility to check for traffic, including bicycles, before doing so.
Available Compensation in a White Plains Bicycle Accident Claim
If a negligent driver injured you, you have the right to seek compensation for your various losses. This compensation, called damages, is meant to help you recover financially and acknowledge the personal harm you have suffered.
Your White Plains bicycle accident lawyer pursues all available damages on your behalf. We fight to secure a recovery that addresses your financial burdens and the significant impact the crash has had on you.
Economic Damages
These damages are for the direct and verifiable financial costs of your accident. They represent the actual monetary losses you've incurred. Your attorney uses medical bills, pay records, and receipts to prove the value of these damages.
A full claim includes past and future losses and contains:
- Medical Treatment Costs: This includes all accident-related medical care, from the initial emergency services to hospitalization, surgery, medication, and rehabilitation.
- Lost Wages and Income: This is compensation for the pay you missed while unable to work, including any lost overtime, bonuses, or benefits.
- Future Lost Earnings: If your injuries are permanent and prevent you from returning to your job or limit your ability to earn an income, you may seek compensation for this future loss.
Non-Economic Damages
These damages compensate you for the personal ways the accident has affected your life. These losses are just as real as medical bills, even though they don't have a clear price tag. An experienced attorney knows how to present a robust case for the full value of this personal harm.
A claim for non-economic damages addresses your:
- Pain and Suffering: This is compensation for the physical pain, discomfort, and emotional distress you have endured because of the accident.
- Loss of Enjoyment of Life: You may seek payment if you can no longer engage in the hobbies, sports, and daily activities that once brought you joy and fulfillment.
- Permanent Disfigurement: This compensation is for permanent scars or other physical changes to your body that resulted from your injuries.
FAQ for White Plains Bicycle Accident Lawyer
Who Pays for My Medical Bills After a Bike Accident in New York?
In New York, the driver's no-fault insurance is the primary source of payment for your medical bills, up to the policy limits. This is true even though you were on a bicycle. You must file a no-fault application within 30 days of the accident.
Your lawyer helps you with this process to make sure your medical providers are paid promptly while your personal injury claim against the at-fault driver proceeds.
How Do You Prove the Driver Was at Fault?
Proving fault requires a thorough investigation to gather evidence showing the driver was negligent. This includes obtaining the police report, interviewing witnesses, looking for traffic or dashcam video, and analyzing the physical evidence from the scene.
Your attorney might also use cell phone records to check for distracted driving or hire an accident reconstructionist to show how the crash happened and that the driver was responsible.
Can I Still Have a Claim if I Wasn't Wearing a Helmet?
Yes, you can still have a claim. New York State law only requires helmets for cyclists under 14. While insurance companies might argue that not wearing a helmet contributed to a head injury, it doesn’t prevent you from filing a claim for your other injuries.
An experienced lawyer knows how to counter these arguments and show that the driver's negligence caused the accident.
Why Do I Need a White Plains Bicycle Accident Lawyer?
You need a White Plains bicycle accident lawyer because the driver's insurance company isn’t on your side. Their goal is to protect their profits by paying you as little as possible, and they’ll likely try to blame you for the accident.
A bike crash lawyer is your advocate and fights against unfair accusations. They investigate the crash to prove the driver’s fault, handle all communication with aggressive insurance adjusters, and calculate the full value of your claim.
Your lawyer can negotiate for a fair settlement or take your case to court if the insurer is unreasonable.
What Should I Do About My Damaged Bicycle?
Don’t throw your damaged bicycle away; it’s important evidence. Take clear photos of the damage from all angles. Get an estimate from a reputable bike shop for the cost of repairs or a statement about the bike’s replacement value if it’s a total loss.
Your lawyer will include the full value of your bike and any other damaged gear as part of your overall compensation claim.
Take Back the Road
A careless driver may have knocked you down, but they don't get the final say in your future. You have the right to seek justice, and a strong legal advocate can help you get there. Let us stand up to the insurance companies for you.
Call the Law Offices of Jason B. Kessler at (914) 220-1088 for a free, no-obligation consultation to discuss your case.