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If you were injured in a bicycle accident in Buffalo, NY, you may be able to recover compensation for your medical costs, damaged property, and other costs. A Buffalo bicycle accident lawyer at O’Brien & Ford Buffalo Car Accident and Personal Injury Lawyers can help you today. Contact us at 716-222-2222.
If someone else’s negligence caused the accident, you may be able to hold them financially responsible for your injuries and losses through a personal injury claim.
Navigating a bicycle accident claim in Buffalo, New York, can be daunting. An experienced Buffalo bicycle accident attorney can simplify the process and fight for compensation on your behalf.
To discuss your case with one of our knowledgeable personal injury lawyers in Buffalo, NY, contact us to schedule your free consultation today.
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According to the National Safety Council, the number of nonfatal, preventable bicycle accidents decreased by 44% between 2011 and 2021 in the United States, from 532,212 to 299,994. However, preventable bicycle deaths increased by about 37% from 2012 to 2021, from 900 to 1230.
Common causes of bicycle accidents are:
Further, bicyclists are less visible than other vehicles on the road, which is often a contributing factor in an accident.
Driver negligence is the leading cause of bicycle accidents involving motor vehicles. Distracted driving, failure to yield, speeding, and impaired driving contribute to many crashes. In Buffalo, common causes include:
Victims can seek compensation when a driver’s negligence results in a bicycle accident.
Bicyclists in Buffalo must follow traffic laws to ensure safety and protect their legal rights. New York law considers bicycle vehicles, meaning cyclists must adhere to the same rules as motorists. Some key regulations include:
Cyclists must ride in the same direction as traffic and use designated bike lanes when available
Cyclists must stop at red lights, yield at stop signs, and follow posted road instructions.
To improve visibility at night, a white front headlight and red rear light must be used.
Helmets are mandatory for cyclists under 14, though highly recommended for all ages to reduce injury risks.
Cyclists must yield to pedestrians in crosswalks and be cautious when riding on shared paths.
Bicycles designed for only one rider cannot carry extra passengers unless equipped with an additional seat.
Unless otherwise posted, cyclists are prohibited on certain highways, expressways, and sidewalks.
Violating these laws can lead to fines and impact a cyclist’s ability to seek compensation after an accident. Consulting a buffalo bicycle accident lawyer can assess how these violations impact a case and explain potential legal remedies available to injured cyclists.
Bicycle accidents vary depending on how the crash occurs. Some common types include:
A Buffalo bicycle accident lawyer can evaluate the circumstances of the accident to establish liability and pursue rightful compensation for medical bills, lost wages, and other damages.
Bicycle accident injuries range from minor bruises to life-threatening conditions. Due to the lack of protection, cyclists are vulnerable to
Seeking immediate medical care is crucial after a bicycle accident, even if injuries seem minor.
Among the injuries that may be suffered in a bicycle accident are:
We’ll fight for you to receive compensation for every injury you suffered in the accident.
Bicycle accident victims can recover damages to compensate them for the losses they sustained due to an accident.
There are two main types of compensatory damages: economic damages and non-economic damages.
Economic damages are the direct financial losses caused by the accident, including:
Economic damages are usually straightforward to calculate, as they relate to specific transactions and often have receipts or other documentation. However, future medical costs and other anticipated costs may be more difficult to calculate.
An experienced Buffalo personal injury lawyer can help you calculate those damages.
In contrast to the economic damages, non-economic damages do not relate to the financial consequences of the accident.
These damages relate, instead, to the emotional or subjective consequences of the accident, such as:
They can be more difficult to calculate than economic damages, as they often involve specific transactions with documentation. An experienced Buffalo personal injury lawyer can help you assess the potential damages available to you.
The potential value of your bicycle accident case is not just the combined value of your medical bills and property damage.
While these are two important factors to consider, there are several others that influence the potential value of your claim, including:
An experienced Buffalo bicycle accident lawyer will evaluate how these factors impact the value of your case.
New York’s no-fault insurance covers bicyclists injured by motor vehicles, regardless of fault. Under this law, the at-fault driver’s insurance must pay for medical bills, lost wages, and other expenses up to a specified limit. According to the New York Department of Financial Services, no-fault benefits cover up to $50,000 in basic economic loss, including:
Serious injuries that surpass these financial limits or involve pain and suffering are not covered under no-fault benefits. In such cases, filing a personal injury lawsuit against the negligent driver may be the best option to seek additional compensation. Victims may also be eligible for further recovery under uninsured or underinsured motorist coverage if the driver responsible lacks sufficient insurance.
You can still recover compensation in Buffalo if you’re being blamed for a bicycle accident. New York has a pure comparative fault law, which allows an injured party to recover compensation against another at-fault party, even if they were mostly responsible for the accident.
Your compensation will be decreased in proportion to your degree of fault. For example, if you suffered $100,000 in damages during a bicycle accident and were found to be 75% at fault, you could still recover up to $25,000 in damages.
While you can usually still recover compensation if you’re being blamed for an accident, it can greatly diminish the amount of damages you can recover. Reach out to a skilled personal injury lawyer to discuss your case in more detail.
Most personal injury cases are based on negligence. This means the at-fault party failed to exercise reasonable care under the circumstances.
Therefore, if settlement negotiations are unsuccessful and your case is filed in court, you will usually need to prove that the defendant was negligent. To successfully prove negligence, you must establish the following four elements:
You must show that the defendant owed you a duty of care. This is usually the duty to act the way a reasonably prudent person would under the same circumstances.
You must show that the defendant breached the duty of care, such as by acting unreasonably under the circumstances. For example, failing to yield to bicyclists in a bike lane is probably unreasonable.
You must show that you suffered injuries or some type of harm or loss.
Finally, you must show that the defendant’s conduct caused your damages. This has two parts. You must show that the defendant was the actual cause of your injuries, meaning that the accident would not have happened “but for” the defendant’s actions. You must also show that the defendant was the proximate cause of your injuries, meaning that your injuries were reasonably foreseeable consequences of the defendant’s conduct.
You must prove these elements by a preponderance of the evidence, which means you must present evidence that persuades the jury that your claims are more likely than not true.
You have three years after a bicycle accident to file a lawsuit in New York. This three-year time limit is called the statute of limitations. If your case is not filed within the statute of limitations, you will not be able to seek compensation for your injuries in court.
In most cases, the parties will settle before a lawsuit is filed or before a case proceeds to trial. However, the ability to file a case in court is a powerful bargaining tool. It’s critical that you are aware of the deadline for filing your case in court.
Typically, personal injury lawyers accept cases on a contingency fee basis. This means they collect their fee at the end of the case, usually as a percentage of the client’s settlement or jury verdict. A standard contingency fee is between 33% and 40%.
Contingency fees have several benefits. First, the attorney does not get paid unless their client does, so you’ll never be stuck paying attorney fees unless you recover compensation. Second, because the fee is calculated as a percentage of the client’s ultimate financial award, it should be a manageable fee to pay. Finally, you don’t have to pay any fees upfront, so anyone should be able to hire an attorney, regardless of their financial circumstances.
There may be other costs associated with your case that you are responsible for, such as administrative costs and court filing fees. Your attorney should explain these to you at the beginning of the representation.
Blue bike on a pedestrian crossing after fatal incident with a car
Our skilled attorneys have over 84 years of combined experience helping personal injury victims. We’ve been recognized among the WNY Legal Elite and Top 50 Upstate New York Superlawyers.
If you hire us to help in your personal injury case, we can:
Contact our office in Buffalo, NY, to learn more about how our experienced personal bicycle lawyers can help you.
If you were injured recently in a bicycle accident in Buffalo, NY, the party responsible for the accident may be liable for your injuries. Contact an experienced Buffalo bicycle accident attorney to discuss your case and plan your next steps.
We’re here to help. One of our experienced Buffalo bicycle accident lawyers will guide you through the legal process and fight for compensation on your behalf. We’ll focus on your case, so you don’t have to.
Buffalo Personal Injury Lawyer. Choose the 2’s.
With over 80 years of combined experience, the Buffalo personal injury lawyers at O’Brien & Ford, PC are here to fight for the justice you deserve. Call us today at (716) 222-2222 to schedule your free consultation with one of our top-rated attorneys.
Contact O’Brien & Ford Buffalo Car Accident and Personal Injury Lawyers to schedule a free consultation with one of our skilled personal injury lawyers in Buffalo, New York. We proudly serve all throughout Erie County, NY.
O’Brien & Ford Buffalo Car Accident and Personal Injury Lawyers
4549 Main St Suite 201 Buffalo, NY 14226
Phone: 716-222-2222
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Your safety comes first; get medical help immediately! After that, make sure you report the accident to the police. Document your injuries and how you feel, and follow your doctor’s advice in the letter. Don’t forget to snap photos of the scene. Above all, contact a Buffalo bike accident lawyer to safeguard your rights and maximize your chances of fair compensation.
In New York, you typically have three years from the accident date to file a lawsuit. But don’t wait; certain situations, like accidents involving municipal vehicles or wrongful death, can drastically shorten this window. Act fast and consult a Buffalo bike accident lawyer immediately to ensure your case is handled promptly.
Third-party liability insurance is required for new bikes or scooters for five years. Comprehensive bike insurance generally offers a three-year coverage period. Understand the differences and choose the right policy for your needs to ensure you’re fully covered.
Don’t engage directly, refer them to your Buffalo bike accident lawyer immediately and avoid sharing further details. Your lawyer will manage all communications, ensuring your rights are fully protected and you don’t settle for less than you deserve.
Your compensation will be determined by the specifics of your accident, including the circumstances, the severity of your injuries, any temporary or permanent disability, the recovery time, pain and suffering, and the financial impact on your life. This includes medical expenses, lost wages, and future income loss. Damages are categorized as economic and non-economic. A lawyer can guide you on the best action, mainly if punitive damages apply.
Yes, even if you’re partially at fault for the bike accident, New York’s comparative negligence law allows you to collect damages. However, the amount you receive may be reduced depending on your level of responsibility. A skilled bike accident lawyer will help clarify how this applies to your case and ensure you get the compensation you deserve.
Yes, comprehensive bike insurance covers your bike’s damage and third-party liability. It provides full protection, even covering damages caused by fire, whether they’re total or partial.
If a driver hits a cyclist due to negligence, they can be held fully responsible for the injuries caused. Negligent actions like failing to yield, distracted driving, or speeding can all lead to dangerous collisions with cyclists, making the driver liable for the consequences.
If a car hits you while biking and the driver is at fault, their auto liability insurance should cover your medical bills and bike repairs. However, you may need your health insurance if the driver is uninsured. If you’re found at fault, you’ll be responsible for any damage to the car, and you may have to pay for repairs out of pocket if you don’t have insurance. Both cyclists and drivers should consult an experienced transportation injury lawyer to ensure they’re not unfairly held liable and to navigate the complexities of securing proper compensation.
Chris and his staff are top notch professionals that you definitely want in your corner if you are injured and in need of an attorney . 10 years later and I’m still thankful daily that I contacted Chris for his representation. Keep fighting the good fight.
John Ford is the definition of professional, knowledgeable, and compassion. His instincts and attention to detail are second to none. He treats you like a family friend not just a client. I would recommend O’Brien & Ford to anyone who wants results.
Chris Pannozzo handled 2 consecutive cases of mine. He is very knowledgeable and thorough . Chris will not rush to settle a case. He makes sure everything is taken care of correctly, so you obtain the largest settlement.Chris is very down to earth and personable. Chris met with me near my home to sign paperwork and offered to come to my home. He responded to my text message on the weekend. This amazed me. I’ve had lawyers that don’t respond to messages on a weekd...
One of the best decisions I made was choosing O’Brien & Ford to represent me. A person can do no better than to have Chris and Anant and their wonderful staff working with you. From the moment we first talked with Chris at our home, my wife and I knew we needed to look no further for representation. At no point during the process of our case did this excellent firm disappoint nor steer us wrong. We trusted their opinions, guidance and ethics at all times throughout all...
Chris is a tireless advocate for his clients. He always goes above and beyond to ensure the best possible result.
Back in 2017 I was involved a major car accident that left me with back injuries. Afterwards, I went to a couple big name attorneys and they all denied my case for reasons unknown. This left me feeling down and out with amd in an unfortunate situation, but that was until I called O’Brian & Ford. My case was picked up and accepted by the wonderful, Mr. John Ford, and my lawsuit began. He fought for me for almost 3 years without giving up and my case was FINALLY sett...
Attorney Anant Kishore really pulled through for me after I endured a serious neck injury after being t-boned by a drunk driver. After such a traumatic event, Anant and his team compassionately guided me through the legal hoops I needed to jump through to get a very favorable settlement to help pay for my medical bills. I am not from the Buffalo area but was recommended this firm unanimously by my friends snd family in the area. I truly don’t know where I’d be today if i...
Chris O’Brien is a nationally recognized personal injury attorney with over 30 years of experience fighting for accident victims in Western New York. A founding partner at O’Brien & Ford, he has helped recover millions for clients and built a reputation as a top trial lawyer and educator. Chris is a Diplomate of the National College of Advocacy, a member of the Million Dollar Advocates Forum, and was named one of Western New York’s Top Ten Lawyers by Buffalo Business First. He lives in Amherst with his family and their Bernedoodle, Moose.
Years of experience: 33 years
Practice areas: Personal Injury Law, Car Accidents
Location: Buffalo, New York
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Attorney Chris O’Brien, who has more than 33 years of legal experience as a personal injury attorney.
If you or a loved one has been seriously injured, please fill out the form below for your free consultation or call us at (716) 222-2222
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