Buffalo Bike Accident Lawyer

When cycling through Buffalo's vibrant neighborhoods, from the scenic Elmwood Village to the bustling downtown corridor, riders face unique challenges that can lead to serious accidents. At RK&L, we understand the complexities surrounding bicycle accidents in Western New York and are committed to helping injured cyclists navigate their legal options.

Buffalo's growing cycling community has embraced the city's transformation, with more residents choosing bicycles for commuting along Delaware Avenue, recreational rides through Delaware Park, and exploring the waterfront areas near Canalside. However, increased bicycle traffic has also led to more frequent interactions between cyclists and motor vehicles, resulting in accidents that can cause devastating injuries.

How long do I have to file a bicycle accident lawsuit in New York?

New York's statute of limitations gives you three years from the date of your bicycle accident to file a personal injury lawsuit, though it's important to contact a bike accident lawyer much sooner to preserve evidence and protect your rights.

Will my bicycle accident case go to trial?

Most bicycle accident cases settle out of court through negotiations between your bike accident lawyer and the insurance companies, though we are fully prepared to take your case to trial if necessary to secure fair compensation.

Can I still recover compensation if I wasn't wearing a helmet during my Buffalo bicycle accident?

Yes, not wearing a helmet does not prevent you from recovering compensation, though the insurance company may try to argue it contributed to your injuries and should reduce your settlement amount.

What if the driver who hit me doesn't have insurance or fled the scene?

Your own auto insurance policy may provide uninsured motorist coverage that applies to bicycle accidents, and a bike accident lawyer can help identify all available sources of compensation including hit-and-run coverage.

How much does it cost to hire a bike accident lawyer in Buffalo?

Most bicycle accident attorneys work on a contingency fee basis, meaning you pay no attorney fees unless we successfully recover compensation for your case, making legal representation accessible regardless of your financial situation.

What if I was partially at fault for my bicycle accident?

New York follows comparative negligence laws, so you can still recover compensation even if you bear some responsibility, though your award will be reduced by your percentage of fault.

Can I handle my bicycle accident claim without a Buffalo lawyer?

While legally possible, insurance companies often take advantage of unrepresented bicycle accident victims by offering lowball settlements that don't cover the full extent of damages and future needs.

How long will my bicycle accident case take to resolve?

The timeline varies depending on the complexity of your case, the severity of your injuries, and the cooperation of insurance companies, with some cases settling in months while others may take over a year.

What if my bicycle accident injuries don't appear until days after the crash?

Many bicycle accident injuries like concussions or soft tissue damage have delayed symptoms, which is why it's crucial to seek immediate medical attention and document any symptoms that develop later.

Can I sue for a bicycle accident that happened in a bike lane?

Yes, drivers still have a duty to exercise reasonable care around designated bike lanes, and a bike accident lawyer can help prove liability when motorists violate traffic laws or drive negligently in these areas.

What if the bicycle accident happened because of a road defect?

Government entities responsible for road maintenance can be held liable for bicycle accidents caused by potholes, inadequate signage, or dangerous road conditions, though special notice requirements may apply.

Will my health insurance cover my bicycle accident medical bills?

Your health insurance should cover immediate treatment, but a bike accident lawyer can help recover these costs from the at-fault party's insurance and handle any subrogation claims your health insurer may assert.

What if I was riding an electric bike when the accident occurred?

Electric bicycles are generally treated the same as traditional bicycles under New York law, so you have the same rights to compensation if injured in an accident caused by a negligent motorist.

Can I get compensation for my bicycle accident if I'm an undocumented immigrant?

Yes, immigration status does not affect your right to pursue compensation for bicycle accident injuries, and attorney-client privilege protects your communications with your bike accident lawyer.

Financial Compensation You Can Pursue After Being Injured in a Bike Accident

When a bike accident lawyer successfully represents your case, you may be entitled to various forms of financial compensation to help rebuild your life. Understanding these potential damages can help you make informed decisions about pursuing legal action after a bicycle accident.

• Medical Expenses: Coverage for all accident-related healthcare costs, including emergency room visits, surgery, hospitalization, physical therapy, and ongoing treatment required for your recovery.
• Future Medical Costs: Compensation for anticipated medical care, rehabilitation services, and long-term treatment needs that a bike accident lawyer can help calculate based on medical testimony and life care planning.
• Lost Wages: Reimbursement for income lost while recovering from your bicycle accident injuries, including time missed from work for medical appointments and treatment.
• Diminished Earning Capacity: Compensation when your injuries prevent you from returning to your previous job or limit your ability to earn the same income as before the accident.
• Pain and Suffering: Financial recovery for the physical pain, emotional distress, and mental anguish caused by your bicycle accident and resulting injuries.
• Property Damage: Reimbursement for repair or replacement of your bicycle, helmet, cycling gear, and any other personal property damaged in the accident.
• Permanent Disability: Additional compensation when bicycle accident injuries result in long-term or permanent impairments that affect your quality of life and daily activities.
• Scarring and Disfigurement: Financial recovery for visible scars, burns, or disfigurement resulting from road rash or other injuries sustained in the bicycle accident.
• Loss of Enjoyment of Life: Compensation for your inability to participate in activities, hobbies, and recreational pursuits you enjoyed before the accident occurred.
• Transportation Costs: Reimbursement for medical transportation, including ambulance services, travel to medical appointments, and modified vehicle accommodations if needed.
• Home Modifications: Coverage for necessary changes to your living space, such as ramps, railings, or accessibility improvements required due to your injuries.
• Assistive Devices: Compensation for wheelchairs, crutches, prosthetics, or other medical equipment needed for your recovery or to accommodate permanent disabilities.
• Rehabilitation Services: Coverage for occupational therapy, vocational rehabilitation, and other services designed to help you regain independence and return to productive activities.
• Psychological Counseling: Reimbursement for mental health treatment, including therapy for trauma, depression, or anxiety resulting from the bicycle accident experience.

Working with an experienced bike accident lawyer ensures that all potential areas of compensation are identified and pursued. At RK&L, we thoroughly evaluate each case to maximize recovery and help our clients secure the financial resources needed for their complete recovery and future well-being.

How a Bike Accident Lawyer Can Protect Your Rights and Maximize Your Compensation

A qualified bike accident lawyer serves as your advocate throughout the legal process, ensuring your rights are protected while working to secure maximum compensation for your injuries. Understanding how legal representation can benefit your bicycle accident case helps you make informed decisions about your recovery.

• Case Investigation: A bike accident lawyer conducts thorough investigations, gathering evidence such as police reports, witness statements, and accident scene photographs to build a strong foundation for your claim.
• Insurance Negotiations: Your car accident lawyer handles all communications with insurance companies, preventing you from making statements that could harm your case while negotiating for fair settlement offers.
• Medical Documentation: A bike accident lawyer ensures all medical records are properly collected and organized, working with healthcare providers to document the full extent of your bicycle accident injuries.
• Liability Determination: Your bike accident lawyer investigates fault factors, analyzing traffic laws, road conditions, and driver behavior to establish who bears responsibility for your bicycle accident.
• Damage Calculation: A bike accident lawyer accurately calculates all present and future damages, including medical expenses, lost wages, and pain and suffering to ensure comprehensive compensation.
• Legal Deadlines: Your personal injury lawyer manages all statute of limitations requirements and filing deadlines, protecting your right to pursue compensation for your bicycle accident injuries.
• Evidence Preservation: A bike accident lawyer takes immediate action to preserve crucial evidence, including vehicle maintenance records, surveillance footage, and witness contact information before it disappears.
• Medical Referrals: Your attorney can connect you with qualified healthcare providers who understand bicycle accident injuries and can provide necessary treatment while documenting your condition.
• Settlement Evaluation: A bike accident lawyer reviews all settlement offers to determine whether they adequately compensate you for your injuries or if further negotiation is necessary.
• Court Representation: If negotiations fail, your attorney is prepared to take your bicycle accident case to trial, presenting compelling arguments to secure maximum compensation.
• Insurance Coverage Analysis: Your lawyer examines all available insurance policies, including your own coverage and the at-fault driver's policy, to identify all potential sources of compensation.
• Comparative Fault Defense: A bike accident lawyer counters arguments that you contributed to the accident, protecting you from unfair blame that could reduce your compensation.
• Future Needs Assessment: Your attorney works with medical professionals and life care planners to project long-term care needs and ensure your settlement covers future bicycle accident-related expenses.
• Lien Resolution: A bike accident lawyer handles medical liens and insurance subrogation claims, ensuring you receive the maximum amount possible from your settlement or judgment.

At RK&L, our bike accident lawyers understand the complexities of bicycle accident cases and work tirelessly to protect your interests. We handle every aspect of your legal claim so you can focus on recovery while we fight for the compensation you deserve.

Common Injuries Associated with Bike Accidents

Bicycle accidents can result in a wide range of serious injuries that require immediate medical attention and long-term care. Understanding these common bicycle accident injuries helps victims recognize the importance of seeking both medical treatment and legal representation from a bike accident lawyer.

• Traumatic Brain Injuries: Severe brain trauma that can occur even when wearing a helmet, potentially causing cognitive impairment, memory loss, and personality changes that affect daily functioning.
• Spinal Cord Injuries: Damage to the spine that can result in partial or complete paralysis, requiring extensive rehabilitation and lifelong medical care for bicycle accident victims.
• Fractured Bones: Broken arms, legs, ribs, and collar bones are common in bicycle accidents, often requiring surgery, physical therapy, and extended recovery periods.
• Road Rash: Severe skin abrasions caused by sliding across pavement during a bicycle accident, which may require skin grafts and can result in permanent scarring.
• Internal Injuries: Damage to organs such as the liver, spleen, or kidneys from blunt force trauma, which can be life-threatening and require emergency surgery.
• Facial Injuries: Cuts, bruises, dental damage, and facial fractures that may require reconstructive surgery and can cause permanent disfigurement.
• Neck Injuries: Whiplash, herniated discs, and other cervical spine injuries that can cause chronic pain and limit mobility after a bicycle accident.
• Shoulder Injuries: Dislocated shoulders, rotator cuff tears, and clavicle fractures commonly occur when cyclists try to break their fall during an accident.
• Concussions: Mild traumatic brain injuries that can cause headaches, dizziness, confusion, and memory problems requiring careful monitoring by medical professionals.
• Lacerations: Deep cuts from broken glass, metal fragments, or contact with vehicles that may require stitches and can lead to permanent scarring.
• Hip Injuries: Fractures or dislocations of the hip joint that can severely impact mobility and may require surgical intervention and lengthy rehabilitation.
• Wrist and Hand Injuries: Broken wrists, fractured fingers, and nerve damage commonly occur when cyclists extend their hands to break a fall.
• Knee Injuries: Torn ligaments, fractured kneecaps, and cartilage damage that can require surgery and may result in long-term mobility limitations.
• Psychological Trauma: Post-traumatic stress disorder, anxiety, and depression that can develop after experiencing a traumatic bicycle accident.

The severity of bicycle accident injuries often requires comprehensive medical treatment and rehabilitation. A bike accident lawyer can help ensure you receive proper compensation for all injury-related expenses, including ongoing medical care and the impact these injuries have on your quality of life.

Common Causes of Bike Accidents

Understanding the leading causes of bicycle accidents helps cyclists stay alert to potential dangers and provides valuable insight for bike accident lawyer cases. These common factors contribute to the majority of bicycle accidents that result in serious injuries and legal claims.

• Distracted Driving: Motorists using cell phones, texting, or engaging in other distracting activities while driving often fail to notice cyclists sharing the road, leading to devastating bicycle accidents.
• Failure to Yield: Drivers who don't yield the right-of-way to cyclists at intersections, crosswalks, or when making turns frequently cause serious bicycle accidents with severe injuries.
• Dooring Incidents: Vehicle occupants opening car doors without checking for approaching cyclists create sudden obstacles that can cause catastrophic bicycle accidents in urban areas.
• Speeding: Excessive vehicle speeds reduce reaction time and increase impact force, making it difficult for drivers to avoid cyclists and causing more severe bicycle accident injuries.
• Drunk Driving: Impaired motorists pose significant risks to cyclists due to reduced judgment, slower reaction times, and inability to maintain proper vehicle control.
• Running Traffic Signals: Drivers who ignore red lights or stop signs at intersections create dangerous situations that frequently result in bicycle accidents with serious consequences.
• Unsafe Lane Changes: Motorists who change lanes without checking blind spots or signaling properly can strike cyclists or force them into dangerous situations.
• Poor Weather Conditions: Rain, snow, ice, and fog reduce visibility and road traction, contributing to bicycle accidents when drivers fail to adjust their driving behavior appropriately.
• Inadequate Road Maintenance: Potholes, debris, uneven pavement, and poorly marked construction zones create hazardous conditions that can cause cyclists to lose control or swerve into traffic.
• Bicycle Equipment Failure: Brake malfunctions, tire blowouts, and chain problems can cause cyclists to lose control, though these mechanical failures may indicate manufacturer defects.
• Night Visibility Issues: Limited visibility during dawn, dusk, or nighttime hours contributes to bicycle accidents when drivers fail to see cyclists or cyclists lack proper lighting.
• Aggressive Driving: Road rage, tailgating, and intentionally dangerous driving behaviors put cyclists at risk and can result in severe bicycle accident injuries.
• Left-Turn Collisions: Drivers making left turns often misjudge cyclist speed and distance, causing intersection accidents that frequently result in serious injuries.
• Cyclist Inexperience: Lack of cycling knowledge about traffic laws, road positioning, and safety practices can contribute to bicycle accidents, though this rarely eliminates driver liability.

Identifying the cause of your bicycle accident is crucial for building a strong legal case. A bike accident lawyer can investigate these factors thoroughly to determine liability and help you pursue maximum compensation for your injuries and damages.

Who May Be Liable for Your Bike Accident Injuries

Determining liability in bicycle accident cases can be complex, as multiple parties may bear responsibility for causing your injuries. A bike accident lawyer will thoroughly investigate your case to identify all potentially liable parties and maximize your compensation options.

• Motor Vehicle Drivers: Negligent motorists who cause bicycle accidents through distracted driving, speeding, or traffic violations are typically the primary liable parties in most cases.
• Commercial Vehicle Companies: Trucking companies, delivery services, and rideshare companies may be liable when their drivers cause bicycle accidents during work activities or due to inadequate training.
• Government Entities: Municipalities and state agencies can be held responsible for bicycle accidents caused by dangerous road conditions, poor signage, or inadequate traffic control devices.
• Property Owners: Private property owners may face liability when bicycle accidents occur due to poorly maintained parking lots, inadequate lighting, or hazardous conditions on their premises.
• Bicycle Manufacturers: Companies that produce defective bicycles, helmets, or safety equipment may be liable when product failures contribute to bicycle accident injuries.
• Vehicle Manufacturers: Auto manufacturers can be held responsible when mechanical defects like brake failures or steering problems cause drivers to strike cyclists.
• Construction Companies: Contractors working on road projects may be liable for bicycle accidents caused by inadequate warning signs, debris, or unsafe work zone conditions.
• Employers: Companies whose employees cause bicycle accidents while driving for work purposes may be held liable under vicarious liability principles.
• Intoxicated Drivers: Drunk or impaired motorists face both civil liability for bicycle accident damages and potential criminal charges for their dangerous behavior.
• Commercial Establishments: Bars, restaurants, or stores that over-serve alcohol to patrons who then cause bicycle accidents may face dram shop liability in certain circumstances.
• Vehicle Owners: Individuals who lend their vehicles to others may be liable when those drivers cause bicycle accidents, depending on state laws and circumstances.
• Maintenance Companies: Organizations responsible for road maintenance, traffic signal repair, or street cleaning may be liable when their negligence contributes to bicycle accidents.
• Insurance Companies: While not directly liable for accidents, insurers may face bad faith claims when they unreasonably deny or delay valid bicycle accident claims.
• Pedestrians: In rare cases, pedestrians who act negligently and cause cyclists to crash or swerve into traffic may bear some liability for resulting bicycle accidents.

Identifying all liable parties requires thorough investigation and legal knowledge that only an experienced bike accident lawyer can provide. At RK&L, we examine every aspect of your bicycle accident to ensure all responsible parties are held accountable and you receive maximum compensation for your injuries.

What To Do After Being Injured While on Your Bike

Taking the right steps immediately after a bicycle accident can protect your health and strengthen your legal case. Following these important actions helps preserve evidence and protects your rights while a bike accident lawyer works to secure compensation for your injuries.

• Seek Immediate Medical Attention: Call 911 or get emergency medical care right away, even if your injuries seem minor, as some bicycle accident injuries may not be immediately apparent.
• Call the Police: Request law enforcement to respond to the accident scene so they can create an official police report documenting the bicycle accident and any traffic violations.
• Document the Scene: Take photographs of your bicycle, the vehicle involved, road conditions, traffic signs, and your visible injuries if you are physically able to do so.
• Gather Driver Information: Collect the motorist's name, contact information, insurance details, driver's license number, and vehicle registration if they remained at the scene.
• Identify Witnesses: Get contact information from anyone who saw the bicycle accident occur, as their testimony may be crucial for your legal case.
• Avoid Admitting Fault: Do not apologize or make statements about who caused the accident, as these comments could be used against you later in legal proceedings.
• Contact Your Insurance Company: Report the bicycle accident to your auto insurance carrier, as your policy may provide coverage for medical expenses and other damages.
• Preserve Evidence: Keep your damaged bicycle, helmet, clothing, and any other items from the accident scene as evidence for your bike accident lawyer to examine.
• Keep Detailed Records: Maintain documentation of all medical treatment, expenses, lost wages, and how your bicycle accident injuries affect your daily activities.
• Follow Medical Instructions: Attend all medical appointments and follow your doctor's treatment recommendations to ensure proper healing and document your injury progression.
• Avoid Quick Settlements: Do not accept immediate settlement offers from insurance companies without first consulting with a bike accident lawyer about the true value of your claim.
• Report to Authorities: If the driver fled the scene, immediately report the hit-and-run bicycle accident to police and provide any details you remember about the vehicle.
• Contact a Bike Accident Lawyer: Reach out to legal counsel as soon as possible to protect your rights and begin building a strong case for maximum compensation.
• Stay Off Social Media: Avoid posting about your bicycle accident or injuries on social platforms, as insurance companies may use these posts to dispute your claims.

Taking these steps after your bicycle accident helps protect your legal rights and health. A bike accident lawyer from RK&L can guide you through this process and handle the legal complexities while you focus on recovering from your injuries.

Get the Legal Help You Deserve After Your Bike Accident

Don't let insurance companies minimize your bicycle accident claim or take advantage of your situation. At RK&L, our bike accident lawyers fight aggressively to protect your rights and secure the maximum compensation you deserve. Contact us today for a free consultation to discuss your case and learn how we can help you recover from your bicycle accident injuries. Time is critical in these cases, so reach out now to get the legal representation you need.

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Other Car Accident Cases We Handle

In addition to general car crash claims, our firm represents clients in a wide range of motor vehicle accident cases, including:

• Buffalo Bike Accident Lawyer
• Distracted Driving Lawyer
• Drunk Driving Accident Lawyer
• Electric Car Accident Lawyer
• Motorcycle Accident Lawyer
• Motorcycle Collision Lawyer
• Rear-End Accident Lawyer
• Rideshare Accident Lawyer
• Self-Driving Car Accident Lawyer
• Trucking Accident Lawyer