Bike Crash Frequently Asked Questions:
What to do after a bicycle collision in NY?
What do after a Citi bike accident in NYC?
Bike Accident Advice
What is NY Bike Lawyers?
Answer: New York Bike Lawyers is the Personal Injury Law Firm of Flanzig
and Flanzig, LLP. Partner Daniel Flanzig, an avid cyclist and bi-athlete
noticed an obvious gap in the legal community for law firms who concentrate
on promoting cycle safety, and who also focus in representing the interest
of injured cyclists. Together with his partner and sister Cathy Flanzig,
they have created New York Bike lawyers, using their combined 50 years
of legal experience and the firm's 53 year history of representing
injured New Yorkers, to create a new and unique branch of their firm.
In what area of New York do you represent clients?
Answer: We represent clients in Brooklyn, Bronx, Manhattan, Queens, Staten
Island, Westchester, and Long Island. We are available to meet with you
in our downtown Manhattan office or in our Long Island location. This
gives us the ability to service all of our clients in the Metropolitan
area. Our client base actually reaches the entire United States. Some
of our clients are even international, residing in Latin America, the
U.K. and other parts of Europe, as well as in the Middle East. If a visitor
is injured while in New York, we can represent them. Whether they are
a competitive rider or have rented a bike in central park or through the
soon to be launched "bike share" program, they can retain our
services to pursue the claim in the New York Courts.
If I am in a bike crash do I need a lawyer?
Answer: If the crash is serious, we would suggest that you do hire an attorney.
We offer free consultations, so there is no harm in calling or e-mailing,
and we are happy to provide some guidance. It is also important to contact
an attorney because there are many instances that require immediate action.
No-Fault claims must be filed within 30 days of the crash. In order to
do that, you need to identify the other driver and their insurance company.
Cases involving a municipality, such as the City of New York, usually
require a Notice of Claim to be filed within 90 days of the incident.
In addition, prompt investigation, photography, and other data needs to
be obtained as soon as possible. If the case involves a road defect or
construction location, the condition can change within hours.
What if I can't afford a lawyer?
Answer: That's not a problem at all. We work on what known as a contingency
fee basis. A contingency fee means that we will only get paid if we make
a recovery on your behalf. If we are not successful in resolving your
case, there is no fee. So really, there is no financial risk in contacting
us. In addition, we lay out the costs associated with the prosecution
of your case, such as Court fees, deposition costs, medical records, experts,
and investigation. These costs are deducted from the recovery when the
case is settled or tried to verdict. The agreement on fee arrangements
and expenses is set forth in our retainer agreement, which is in compliance
with the New York State Office of Court Administration rules, governing
attorney's fees and compensation.
If I am involved in a Bike Crash who is responsible for my Medical Bills?
Answer: Who will pay your medical bills depends who you are involved in
the crash with, and how the crash occurred. If it involved a car, truck,
or bus, then that vehicle's no-fault coverage will be responsible
to pay for all "reasonable and necessary medical expenses" related
to the crash, as well as your lost wages. If the crash occurred unrelated
to another motor vehicle, the medical expenses may become part of your
damages from the lawsuit. These are what we call "special damages"
in addition to any claim for pain and suffering.
If I pursue a claim against the driver, what happens to him or her?
Answer: When you bring a lawsuit against a driver or property owner who
causes your injury, in almost all cases, their insurance company must
cover the payments made to the injured person. If a lawsuit is filed,
the cost of defense is also paid by the insurance company, usually with
no additional expenses to the insured.
What type of damages can be recovered in a bike crash case?
Answer: New York law allows recovery for medical expenses that are not
covered by a collateral source (health insurance or no-fault), as well
as lost wages, pain and suffering, loss of enjoyment of life, property
damage, and other non-economic damages. Claims for lost wages, pain and
suffering and medical expenses encompass both past and future damages.
You can also recover for the property damage to your bike.
What if I am involved in a hit-and-run crash?
Answer: These are complicated cases and you need an experienced attorney
who is not just familiar with bike and cycling accidents, but also the
ins and outs of insurance claims and insurance policies. In most cases,
you can make a claim. Even if there is no contact, you still may be able
to make a recovery. If you or someone in your household owns a motor vehicle,
you may be able to make a claim with that automobile's insurance company
under the underinsured or uninsured (SUM) provision of the policy. This
is an area of law that not all attorneys are familiar with.
Should I call the police after a crash occurs?
Answer: If you are injured or not sure of the extents of your injuries,
I would say it is
very important to call the police immediately and file a police report. Sometimes
the police will not do it, especially if they see no visible sign of injury.
If they won't, insist or ask for a supervisor. Later on, this can
become critical. You might think that you are ok at the scene, but you
may regret it later. Make sure the report has as much detail about the
other vehicle as possible.
What if the insurance company for the vehicle or other entity that caused
my injury calls me, should I talk to them?
Answer: We suggest that you don't. Remember, as nice as the person
is on the other side of the phone, their goal is to minimize your claim.
Their goal is to resolve your claim for the least amount possible, and
they hope that you do not contact an attorney. Get their information and
contact our office. It is our job to deal with them; it is your job to
work on your recovery. If the situation is one that doesn't require
our service, we will be the first to tell you. If this is the case, you
can then continue your communication directly with the company.
How long will my case take?
Answer: We used to be able to answer this question with certainty, but
with all the new budget cuts in New York State, the system has definitely
slowed down. From the time we first meet, until the time that we are picking
a jury for your trial, the time averages about 18 months. Remember, we
are a trial firm. That means we prepare every case likes it's going
to trial and we try our cases ourselves, whereas other firms retain outside
trial counsel. Now this doesn't mean your case won't settle before
trial, as most cases do. A settlement can be reached at any stage. However,
dealing with a law firm that is known by the insurance companies to take
a verdict helps you obtain a maximum recovery. We keep you advised of
all reasonable offers, and help guide you in deciding whether the settlement
is in your best interest, weighing all factors involved.
What is my role in the case?
Answer: After we meet (some intakes can even been done through the mail
or via email), your actual involvement is pretty limited. It is our opinion
that your job is to work on your recovery, and our job is to handle your
claim. After the case is in suit, you will definitely be required to appear
for a deposition and attend one or more physical examinations by the defendant's
insurance company's doctors. Until we reach trial, other than keeping
us advised of the changes in your medical condition and/or your doctors,
that is all the physical attendance that is required.
Why should I hire Flanzig and Flanzig, New York Bike Lawyers?
Answer: As a cyclists, we understand cycling and how crashes occur. When
this happens, our inside knowledge of cycling helps us to be better prepared
to handle the case. Daniel Flanzig has been biking around NYC since he
was in law school, before the advent of bike lanes and bike safety programs.
Having had an encounter with more than one cab, he know the risks that
cyclists take just while trying to ride to work. In addition, we are competent
at handling significant personal injury accidents, and obtain seven figure
results for our clients. We are New York Trial Firm trying cases in all
five boroughs Nassau, Suffolk, Westchester and in the United States Federal
Courts. This is all we do and have done so throughout our fifty (50) year
history. We pride ourselves on this history and tradition.
What types of bike crashs do you handle?
Answer: Bike accidents can happen several different ways. The most common
is being struck by a vehicle. We also represent cyclists who are "doored"
by taxis and cars, accidents that occur as a result of road defects and
construction debris and conditions, and product liability cases, involving
defective bikes and associated parts and mechanisms. Our firm also handles
a variety of other personal injury cases as well.
What other types of cases do you handle?
Answer: Our firm also handles a variety of other personal injury matters
such as car accidents, construction accidents, premises defects, as well
as motorcycle, scoter and vespa accidents. We also handle claims involving
Nursing Home and Assisted Living Facility abuse and neglect. You can find
more information on our other areas of practice by visiting Flanziglaw.com,
nyelderabuse.com, or by calling is at 1-866-Flanzig.
Disclaimer: Our office can be reached during regular business hours at
1-866-Flanzig or at info@Flanziglaw.com. This article does not create
and attorney client relationship. As with all legal matters, you should
contact an attorney in your jurisdiction that is familiar with the area
of law in which you need assistance. You should make contact and seek
advice as soon as possible, as some claims have time limits and restrictions.
Complete and accurate legal guidance cannot be guaranteed without a complete
understanding of all aspects of your issue or potential claim.
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