Buffalo Bicycle Accident Lawyer 

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. If the accident was caused by someone else’s negligence, 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. 

You can count on O’Brien & Ford Buffalo Car Accident and Personal Injury Lawyers. To discuss your case with one of our knowledgeable Buffalo bicycle accident lawyers, contact us at (716) 222 2222 to schedule your free consultation today.

How O’Brien & Ford Buffalo Car Accident and Personal Injury Lawyers Can Help After a Bicycle Accident in Buffalo

How O'Brien & Ford, PC Can Help After a Bicycle Accident in Buffalo

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:

  • Investigate your accident
  • Gather evidence
  • Evaluate all of your damages
  • Hire expert witnesses
  • Contact the insurance company
  • Negotiate for a settlement on your behalf
  • Take your case to court if necessary

Contact our office in Buffalo, NY, to learn more about how our experienced personal injury lawyers can help you. 

How Common Are Bicycle Accidents?

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.

What Kinds of Damages Are Available to Bicycle Accident Victims in Buffalo? 

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

Economic damages are the direct financial losses caused by the accident, including: 

  • Medical expenses
  • Property damage
  • Lost wages
  • Loss of future earning potential
  • Other out-of-pocket expenses

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. 

Non-Economic 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:

  • Pain and suffering
  • Mental anguish
  • Disfigurement or disability
  • Loss of consortium
  • Diminished quality of life

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.

What’s My Bicycle Accident Case Worth? 

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: 

  • The extent of any other damages you suffered
  • Whether you were partly responsible
  • The circumstances of the accident
  • The insurance policy limits

An experienced Buffalo bicycle accident lawyer will evaluate how these factors impact the value of your case.

How Much Does It Cost To Hire a Bicycle Accident Lawyer in Buffalo?

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. 

Can I Recover Compensation if I’m Being Blamed for a Bicycle Accident in Buffalo? 

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.

We’ll Fight to Recover Compensation for All of Your Bicycle Accident Injuries

Among the injuries that may be suffered in a bicycle accident are:

  • Neck injuries
  • Broken bones
  • Traumatic brain injuries
  • Facial trauma
  • Head injuries
  • Soft tissue injuries
  • Dental injuries
  • Concussion
  • Dislocated joints

We’ll fight for you to receive compensation for every injury you suffered in the accident.

What Causes Most Bicycle Accidents in Buffalo, NY?

Common causes of bicycle accidents are: 

  • Distracted driving
  • Bicycle defects
  • Failure to yield
  • Colliding with a car door opening
  • Speeding
  • Aggressive driving
  • Driving under the influence of drugs or alcohol
  • Blind spots

Further,  bicyclists are less visible than other vehicles on the road, which is often a contributing factor in an accident.

How Do I Prove Negligence After a Bicycle Accident in Buffalo, NY?

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:

Duty of Care

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. 

Breach

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. 

Damages

You must show that you suffered injuries or some type of harm or loss.

Causation

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. 

How Long Do I Have To File a Lawsuit After a Car Accident in New York?

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. 

Contact Our Buffalo Bicycle Accident Lawyers Today To Schedule a Free Consultation

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. 

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, NY.