(We have other offices throughout Upstate, New York)
Riding to and from work, the grocery store, the park, school, and elsewhere is now a commonplace activity, one engaged in both for recreation and to protect the environment. Bicyclists have the same rights on the road as drivers of larger vehicles. Unfortunately, many drivers are not careful around bicyclists and do not accord them the same care they would accord a driver of a vehicle. A driver may not be notice you when you're on a bike or provide you with the space you need on the road. Unlike those ensconced in larger vehicles, bicyclists have little protection against the force of a collision, and they are at greater risk of serious injuries, or even wrongful death, on a bicycle than inside a car or truck. If you were injured while riding your bicycle, you should call the experienced Syracuse bicycle accident lawyers of DeFrancisco & Falgiatano Personal Injury Attorneys. We are trial counsel with more than 30 years of experience dedicated to helping injured people achieve compensation and justice.
Bicycle AccidentsBicycle accidents can involve many different situations including dooring, left turn accidents, right turn accidents, rear-end accidents, hit and run accidents, failure to yield, and drunk driving. For example, a bike accident may be the consequence of a driver failing to misjudge the available space while making a right turn, and thereby turning into bicyclists also making right turns. Similarly, a bike accident can be the result of a driver backing up or making a right turn into traffic from a driveway or alley. Some bicycle accidents are the result of hit and run accidents in which the driver flees the scene after causing an accident; in some cases, this is because the driver was under the influence of alcohol and drugs and didn't want to be held responsible. This can leave you in an adversarial position with your own insurance company while making an uninsured or underinsured motorist claim.
LiabilityIn order to establish a driver's liability for a bicycle accident, our seasoned bicycle accident lawyers serving Syracuse will need to show it's more likely than not: (1) you were owed a duty to use reasonable care, (2) departure from the duty to use reasonable care, (3) causation, and (4) damages. A driver may breach the duty to use reasonable care, for instance, by ignoring that a bicyclist has the right of way at an intersection and turning into the bicyclist. A driver might also breach the duty to use reasonable care by failing to check whether a bicyclist is part of oncoming traffic and opening the driver's side door, thereby causing a dooring accident.
Under New York CPLR section 1411, your damages may be reduced by an amount equal to your percentage of fault for the accident. When comparative negligence is raised by a defendant, the court will analyze both your actions and the actions of the defendant and determine proportional liability for the accident. Your damages will be reduced by an amount proportionate to your degree of fault. Bicyclists can be comparatively negligent if they fail to give proper signals to drivers when turning. Similarly, if you suffer head injuries, a jury may find that you were comparatively negligent for failing to wear a helmet when cycling at the time of the accident. However, you should not assume that a fair outcome is inevitable. Often drivers, jurors, and insurers do not adequately acknowledge that bicyclists have the same rights on roads as drivers of other vehicles, making it especially important to retain a seasoned Syracuse bicycle accident attorney to advocate for you.
DamagesIf our Syracuse personal injury lawyers are able to establish liability, we may be able to recover damages. In most cases, these damages are compensatory. They may include medical bills, lost wages, pain and suffering, loss of enjoyment, and replacement services. The nature of your injuries will determine the quantity of damages to which a jury believes you're entitled.
Hire a Seasoned Bicycle Accident LawyerIf you are a bicyclist who needs to seek legal representation because you were injured through the fault of a driver or other party, call our tenacious bicycle accident lawyers representing the injured in Syracuse. DeFrancisco & Falgiatano Personal Injury Attorneys seeks best results for truck accident victims and their families in Canandaigua, Albany, Lyons, Cooperstown, Oneida, Lowville, Rochester, Utica, Auburn, Ithaca, Watertown, Herkimer, Wampsville, Oswego, Binghamton, Elmira, Buffalo, and all of Upstate New York. For a free consultation, complete our online form or call us at 833-200-2000.