Clarkstown is a picturesque community with scenic trails, roadways, and recreational areas. Many residents and visitors choose bicycles as a preferred method of transportation because it allows them to enjoy the natural beauty of the region. Unfortunately, each year, many cyclists are hurt because of crashes caused by negligent motorists.
Those who suffer bicycle accidents can endure various forms of physical pain, emotional hardship, and financial distress. Fortunately, are legal team is prepared to help injured cyclists fight for the financial compensation they are owed.
In the aftermath of your bicycle accident in Clarkstown, NY, get help from our bicycle accident attorneys at The Martello Law Firm by dialing (914) 685-6950 for a free case review.
What if You Are Partially Responsible for Your Bicycle Accident in Clarkstown, NY?
Cyclists can share fault for their accidents in some situations. For instance, a cyclist may be partially to blame for injuries if they were not wearing a helmet when they were struck by a drunk driver.
If you are partially responsible for your bicycle accident in New York, then you can still pursue financial compensation for the damages you incurred. However, the amount of payment you are awarded can be limited.
New York courts abide by the legal principle of comparative fault when apportioning damages in bicycle accident cases. This means that damages are awarded based on each party’s percentage of blame. As an example, if you are 20% to blame for your accident while the defendant is 80% at fault, then they will have to pay for 80% of the damages you suffered while you must account for the remaining 20%.
In some other states, potential plaintiffs are prevented from seeking compensation if they are over 50% liable for their accidents. However, no such rule exists in New York. You may bring a claim against another party even if you are mostly responsible for your bicycle accident.
Defendants in bicycle accident lawsuits regularly attempt to shift blame onto plaintiffs. Accordingly, guidance from our bicycle accident attorneys can be very beneficial when building your case and establishing the defendant’s degree of fault. Our team can help recover the full range of monetary damages available in your case.
Proving Fault for a Bicycle Accident in Clarkstown, NY
In order for your bicycle accident lawsuit to succeed, you must establish that your collision occurred because of the defendant’s negligence. There are several types of evidence that may be used to accomplish this task. The following are all examples of evidence that may be presented in your case:
Physical Evidence from the Scene
First, physical evidence from the scene can be used to establish fault for your bicycle accident. For instance, drug paraphernalia or open alcohol bottles found at the scene may be presented to establish that the other party was impaired when they hit you.
Furthermore, physical evidence may be used to identify the at-fault party. For example, pieces of broken glass found at the scene of your bicycle crash may be used to prove that the defendant driver is the one who hit you.
Unfortunately, some evidence found at the scene of your crash may be hard to preserve or bring into court. In these cases, other types of evidentiary documentation may be utilized.
Photos from the Scene
Photos taken at the scene of your bicycle accident can also be used to prove that the defendant is to blame. Like physical evidence, photos from the scene may be used to demonstrate factors that contributed to your accident. For example, photos of your crushed bicycle may be presented to prove that the defendant motorist was speeding when they struck you.
Additionally, photos taken at the scene may be used to disprove the defendant’s alternative theory of fault. For instance, the defendant in your case may try to assert that your bicycle accident actually happened as the result of inadequate rood conditions. In that case, photos from the scene of your accident depicting proper road conditions could be used to discredit the defendant’s argument.
If possible, you should always attempt to take photos at the scene in the immediate aftermath of your bicycle crash. Afterwards, our team will help review the photos you captured during a free case evaluation.
Furthermore, eyewitness testimony can be very useful to plaintiffs in bicycle accident lawsuits. Eyewitnesses can offer both written and oral testimony that explains why or how your crash happened. For instance, a witness may assert that your bicycle accident happened because the defendant ran a red light. Further, eyewitness testimony may establish that the defendant motorist was travelling at excessive speeds in the moments before your collision. Therefore, you should also attempt to exchange contact information with eyewitnesses in the aftermath of your crash.
Your Personal Recollection
Your personal recollection of an accident can also be helpful when proving fault. It is difficult to know which details surrounding your bicycle crash may become important during later stages of your case. Accordingly, you should attempt to write down a detailed recollection of your accident while your memory is fresh.
Finally, surveillance footage can be used to prove fault for a bicycle accident. There are several types of surveillance footage that may be utilized.
As an example, footage from a home’s doorbell camera may be used to prove fault for a bicycle accident that occurs in a residential neighborhood. Further, a business’s security camera may record a bicycle accident that happens in their parking lot.
Unfortunately, those in control of pertinent surveillance footage may not store their recordings for very long. Furthermore, they may hesitate to cooperate with potential plaintiffs. Therefore, assistance from our legal team can be very helpful when searching for relevant surveillance footage. We can begin looking for such evidence immediately after reviewing your claim.
If You Need to File a Bicycle Accident Lawsuit in Clarkstown, NY, Contact Our Attorneys for Support
Seek guidance from our experienced bicycle accident lawyers by calling The Martello Law Firm at (914) 685-6950 today.