Each day, more and more Long Islanders are utilizing bicycles as their main mode of transportation, as well as for exercise and recreation.
If you or a loved one has been injured in a bicycle accident, The Bonfante Law Firm can help. We have the passion, experience, and resources to get you the compensation you are entitled to for your injuries.
PROTECT YOUR RIGHTS – HIRE AN EXPERIENCED BICYCLE ACCIDENT ATTORNEY
Having the right lawyer on your side is absolutely crucial when dealing with large insurance companies and their armies of attorneys. Charles Bonfante is an aggressive, seasoned lawyer, experienced in suing for bicycle accidents. Mr. Bonfante has almost two decades of experience litigating bicycle and pedestrian accidents.
COMMON TYPES OF BICYCLE ACCIDENTS
New York State Vehicle and Traffic Law (“VTL”) provides the controlling “Rules of The Road” that governs these accidents.
Motorists’ Failure to Yield
Under New York law, bicycles have the right of way.
VTL §1146 Drivers to exercise due care. (a) Notwithstanding the provisions of any other law to the contrary, every driver of a vehicle shall exercise due care to avoid colliding with any bicyclist, pedestrian… upon any roadway and shall give warning by sounding the horn when necessary.
When the operator of a motor vehicle fails to yield that right of way, the results can be devastating. In these cases, the operator of that vehicle is responsible for any injuries caused by the collision.
VTL § 1122 The operator of a vehicle overtaking, from behind, a bicycle proceeding on the same side of a roadway shall pass to the left of such bicycle at a safe distance until safely clear thereof.
VTL § 1123 Overtaking on the right. The driver of a vehicle may overtake and pass upon the right of another vehicle only under the following conditions:
When the vehicle overtaken is making or about to make a left turn;
Upon a street or highway with unobstructed pavement not occupied by parked vehicles of sufficient width for two or more lines of moving vehicles in each direction;
Upon a one-way street, or upon any roadway on which traffic is restricted to one direction of movement, where the roadway is free from obstructions and of sufficient width for two or more lines of moving vehicles.
(b) The driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting such movement in safety. Such movement shall not be made by driving off the pavement or main-traveled portion of the roadway, except as permitted by section eleven hundred thirty-one of this article.
When the operator of a motor vehicle fails to abide by our “Rules of the Road”, they will be liable for any damages suffered by the victim.
Unfortunately, even the most cautious cyclists are subject to collisions with other motor vehicles. Cyclists are especially vulnerable to “doorings”, where the rider is literally trapped between a parked vehicle to one side, and the unexpected opened door on the other. In these cases the cyclist suddenly has neither the time, nor room to maneuver around the opening door. Even a low speed collision with the stationary car door can result in serious injuries to the innocent cyclist. In this situation, the owner and operator of the vehicle are at fault for the accident.
VTL §1214 Opening and closing vehicle doors. No person shall open the door of a motor vehicle on the side available to moving traffic, and until it is reasonably safe to do so and can be done without interfering with the movement of other traffic, nor shall a person leave a door open on the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers.
Road Hazard Accidents
In New York, our roads are literally riddled with potholes, manholes and other potential hazards. While these hazards are harmless to cars and SUVs, they pose a major threat to bicyclists. In certain cases the county, city, or town responsible for road maintenance will be at fault under the law.
Regardless of what caused your bicycle accident, we are ready to aggressively fight for you and hold those responsible accountable for your injuries.
CONTACT US NOW FOR A FREE CONSUTATION.
TYPES OF INJURIES
Because of the inherent lack of safety features, the injuries sustained in bicycle accidents tend to be far more severe than other types of motor vehicle accidents. Even a motor vehicle traveling at a very low rate of speed can cause devastating injuries to the unfortunate bicyclist.
My team and I regularly represent bicycle accident victims who have sustained the following serious injuries:
Head Injuries – including concussions and traumatic brain injury (“TBI”)**
Neck and Back Injuries – including herniated and bulged discs
Spinal Cord Injuries – including paralysis
Broken Bones – also commonly called fractures
Scarring and Permanent Disfigurement
CONTACT US NOW FOR A FREE CONSUTATION. We will investigate the facts surrounding your accident to determine who is at fault. Then we will aggressively prosecute your personal injury lawsuit against those responsible.
Personal Injury Law Is All We Do: My professional calling is helping bicycle accident victims receive the justice they deserve. It is what drives me each day. I am singularly immersed in personal injury law and up to date on any changes in the law that will affect your bicycle accident case. In New York, our Insurance Law is extremely complex. There are many factors that determine whether an accident victim is entitled to monetary compensation. My wealth of experience in this area will ensure that you get the maximum amount possible for your case.
One-On-One Consultation: We will meet in person in one of my three convenient office locations. If you are in too much pain to travel, we can meet in your home, hospital room, or rehab facility. We will discuss the facts of your particular case in detail and discuss all available options. I will be the lawyer you see on day one and the lawyer that is by your side all the way thru the conclusion of your case.
Prompt, Exhaustive Investigation: My team and I will review accident reports, dispatch our investigators to interview eyewitnesses, and take their statements. We will hire any experts required to proving your case. We will obtain photographs of the accident scene as well as the vehicles involved. We will also identify all the responsible parties and locate any insurance coverage that applies to your case so that we obtain the maximum amount of money possible for your pain and suffering, medical bills, lost wages and out of pocket expenses.
Aggressive Representation: I will negotiate with the other side when it is in your best interest, or fight them in court, all the way to a trial by jury if necessary to deliver the justice you deserve.
Insider Knowledge of Big Insurance: I started my career working for a major auto insurance company. My knowledge and experience will work to your advantage. I know exactly what to do in order to head off the insurance companies’ attempts to minimize, deny, or destroy your claim.
You’ll Always be Treated Like a Person, Never Just Another File: I will return your calls personally. I will take the time to explain everything in a clear, concise way; I will listen to your questions and concerns. You will be made to understand what’s happening with your case every step of the way.
Motorcycle accidents and their aftermath can be extremely traumatic. It is important that you remain calm take the proper steps.
Get the names, addresses and phone numbers of anyone who may have witnessed the accident.
Call the police. Under New York law, you are required to report any motor vehicle accident resulting in bodily injury, death, or property damage in excess of one thousand ($1,000.00) dollars. The officer(s) who respond will prepare a report of the accident, including the names, addresses, and driver’s license ID numbers of all drivers. They will also record the year, make, model, and license plate numbers of any vehicles involved. All of this information is essential to the success of your lawsuit.
If you are experiencing pain, be sure to leave the scene by ambulance, and go directly to the ER to be examined.
Describe any pain you are experiencing in detail to the first responders, such as the police or EMS workers. Be as descriptive as possible, without exaggerating your symptoms.
If you’re the motorcycle you were on (as either operator or passenger) was damaged, request that it be removed from the scene by flatbed truck.
Prepare an accident report stating your version of what happened. Be sure to make a copy for your records.
Report the claim. If you were driving the motorcycle involved, contact your own insurance company and inform them you were involved in an accident.
Be sure to write down any claim number(s) you are given.
If you have not already done so, get to an emergency room right away. It is important that you be examined and the appropriate tests taken to determine the full extent your injuries.
See your family doctor and get referrals to the appropriate specialists (i.e. orthopedist, neurologist, chiropractor, physical therapist, etc.). Your doctor can also write prescriptions for any pain medication you may need.
Have diagnostic tests such as X-Rays, MRI’s, and/or CT-Scans, performed. Your doctor(s) can prescribe the appropriate test(s) based on your symptoms and their examination of you.
If you are unable to work due to your injuries, get a letter of disability from your physician(s) or chiropractor.
Keep track of any time missed from work as a result of your injuries, as well as your lost wages.
Document any out-of-pocket expenses you incur, such as co-pays, deductibles, durable medical equipment, and/or transportation to doctor appointments.
Keep a log or journal to record the dates of your treatment, the specific body parts that hurt, as well as the frequency and severity of your pain.
Take clear color photos** showing all the damage to the motorcycle you were on, from different angles and varying distances.
If you believe that your motorcycle accident was the result of a road defect, take quality color photos** showing the defect from several different angles.
Take several quality photos** of the injuries you sustained. These include cuts, bruises, burns, road rash, scarring, stitches, and/or staples.
**If you use a cell phone to take the photos, be sure to save them on a computer immediately.
THINGS TO AVOID:
Do not leave the scene of the accident until you have contacted the police and they have responded.
DO NOT DRIVE HOME FROM THE SCENE.
When asked how you are feeling, DO NOT SAY THAT YOU ARE “FINE”, or “OKAY”.
Do not speak to anyone about your case until you CONTACT US. I will explain the options available and advise you as to which strategy is best suited to your particular case.
DO NOT SIGN ANYTHING, including any accident or incident report(s) prepared by someone else.
Do not discuss the facts of the accident or your injuries with the insurance company for the other vehicle(s) involved.
Do not allow anyone to take a recorded statement from you until you CONTACT US.
NEVER ADMIT FAULT. Under no circumstances should you ever apologize or take responsibility for the happening of the accident
DO NOT – UNDER ANY CIRCUMSTANCES – POST ANYTHING ON SOCIAL MEDIA. Read More.