Bicycle Accident Lawyers in Westchester County, NY

Bicycle Accident Statistics in New York

According to the New York State Department of Health, traffic accidents claim the lives of 36 bicyclists annually, reflecting a mortality rate of 0.2 per 100,000 New Yorkers. Also noteworthy are serious injuries that do not result in death — every year, 637 hospitalizations and 3,795 emergency room visits can be attributed to bicyclists who suffer injuries in a traffic accident. 

Navigating Your Bicycle Accident Case: What We'll Handle for You

After a bicycle accident in Westchester County, the legal process of filing a claim and pursuing compensation can seem overwhelming. At Tomkiel & Tomkiel, we understand the stress and uncertainty you face. Our bicycle accident attorneys will handle the complexities of your case, allowing you to focus on your recovery. 

Here's how we'll support you:

Thorough Investigation

We'll gather evidence, interview witnesses, and consult experts to build a strong case on your behalf.

Managing Communication

We'll handle all interactions with insurance companies, opposing attorneys, and other parties involved in your case.

Damages Calculation

We'll carefully assess the full impact of your injuries — including medical expenses, lost income, and pain and suffering — to accurately pursue maximum compensation.

Aggressive Negotiation

We'll fight tirelessly to secure a fair settlement that reflects the true cost of your accident.

Trial Preparation

If a settlement can't be reached, we're prepared to take your case to court and advocate for your rights before a judge.

Let us navigate the legal complexities for you. Contact Tomkiel & Tomkiel today for a free consultation, and get started on the road to recovery.

We Handle All Types of Westchester Bicycle Accidents

Bicycle accidents can happen in a variety of ways, including:

Left-Turn Accidents

When drivers fail to yield to oncoming cyclists before turning.

Right-Hook Accidents

When a car turns right directly into the path of a cyclist.

Dooring Accidents

When cyclists are struck by suddenly opened car doors.

Rear-End Collisions

When a vehicle strikes a cyclist from behind.

Intersection Accidents

When motorists and cyclists fail to yield or obey traffic signals.

Accidents Caused by Road Hazards

When potholes, debris, or poor road conditions contribute to a crash.

Don't see your specific accident type listed? Contact us for a free consultation. We’ve likely handled similar cases and can smoothly guide you through the legal process.

Understanding Bicycle Attorney Fees in Westchester County

It’s not uncommon to face significant financial stress in the wake of a serious bicycle accident. That's why we work on a contingency fee basis, meaning:

• No Upfront Costs: You won't pay any legal fees out of pocket  — we only get paid if we win your case.
• A Shared Goal: Because our fee structure directly aligns our interests with yours, we're motivated to secure the maximum possible compensation for your injuries.
• Percentage-Based Fee: If we recover a settlement or win a judgment on your behalf, our fee will be a percentage of that amount.

However, keep in mind that there may be some costs separate from the attorney's fee. These potential costs could include:

• Filing fees
• Costs associated with expert witnesses
• Expenses for obtaining medical records

At Tomkiel & Tomkiel, transparency is key. During your free consultation, we'll clearly outline our fee structure and explain any potential additional costs associated with your case.

Focus on your recovery. Let us handle the fight for fair compensation.

Get Your Free Case Evaluation Now

Don't wait to get the legal help you need after a bicycle accident. Schedule your free case evaluation with Tomkiel & Tomkiel today, and take the first step toward securing the compensation you deserve.

GET FREE CASE REVIEW

Bicycle Accident Injuries: How They Can Affect Your Life

Even seemingly minor collisions can result in serious, life-changing injuries. Here's a look at some of the most common injuries and how they can impact you:

Broken Bones

Cyclists can suffer fractures in a variety of ways during an accident. Common scenarios include being thrown from a bike or struck by a vehicle.

Brain Injuries

A cyclist's head may forcefully impact the pavement, a vehicle, or another object during a collision. Even with a helmet, blunt force can cause concussions or more severe injuries with lasting consequences.

Spine Injuries

The severe forces involved in an accident can also lead to spinal cord damage. This can occur when the rider is struck, thrown from their bike, or lands on the ground.

Burn Injuries

Cyclists can suffer severe burns from friction against the road (road rash) or contact with hot vehicle parts. These painful burns can lead to infection and require extensive treatment and skin grafting.

Catastrophic Injuries

Bicycle accidents can result in severe, life-altering injuries like spinal cord damage, multiple fractures, amputations, brain injuries, or disfigurement. These injuries often have lifelong consequences and require ongoing medical care.

Knee Injuries

Knees can suffer sudden impacts and awkward twisting in an accident. These forces can cause injuries like ligament tears, meniscus damage, fractures of the kneecap, or dislocations. Knee injuries can cause pain, instability, and long-term mobility issues.

Paralysis Injuries

Severe spinal cord injuries can result in partial or complete paralysis that significantly affects mobility and even the ability to breathe independently. Paralysis is often permanent and requires extensive adaptation and ongoing care.

& More

This list is not exhaustive, and bicycle accidents can lead to a wide range of other injuries. If you or a loved one has been injured in a bicycle accident, our legal team is ready to help you understand your rights and fight for the compensation you deserve.

Can I File a Wrongful Death Lawsuit After Losing a Loved One in a Bicycle Accident?

If you have lost a loved one in a bicycle accident caused by someone else's negligence, you may be able to file a wrongful death lawsuit. 

At Tomkiel & Tomkiel, our attorneys can help you navigate this difficult time and seek justice on behalf of your deceased family member. We will thoroughly investigate the accident and build a strong case to hold the responsible parties accountable and help you secure compensation for medical expenses, funeral costs, lost income, and the loss of companionship and support. 

Contact us today to discuss your case and learn how we can assist you in pursuing a wrongful death claim.

Know the Risks: Factors Leading to Bicycle Accidents

As a cyclist in Westchester County, it's essential to understand the common dangers you face on the road. Here are some of the key factors that contribute to bicycle accidents:

• Distracted Driving: Drivers texting, changing the radio, or simply not paying attention are major threats to cyclists.
• Failure to Yield: Drivers may fail to yield the right-of-way to cyclists when turning or switching lanes.
• Unsafe Road Conditions: Potholes, debris, and poorly maintained shoulders can all cause cyclists to lose control and crash.
• Aggressive Driving: Drivers who speed, tailgate, or make reckless lane changes put cyclists at significant risk.
• Limited Visibility: Accidents are more likely in low-light conditions or bad weather when it's harder for drivers to see cyclists.
• Dooring: Cyclists can be struck by car doors that unexpectedly open in their path.

While you can't control the actions of others, being aware of these common risks can help you make safer choices while cycling. 

To protect yourself:

• Wear a helmet
• Use lights and reflective gear
• Be predictable and obey traffic laws

If you've been involved in a bicycle accident, contact Tomkiel & Tomkiel. We'll help you understand your legal rights and pursue compensation for your injuries.

Not Just Drivers: Potential Liable Parties in Bicycle Accidents

There are many parties who may be held liable for your bicycle accident in Westchester County, including:

• Other Motorists: Negligent drivers of trucks, buses, motorcycles, or other vehicles can be held liable for bicycle accidents.
• Government Entities: If a poorly maintained road, dangerous intersection design, or defective signal contributed to your accident, the city or county could be held liable.
• Bicycle Manufacturers: In rare cases, a defective bicycle part or manufacturing flaw could lead to a crash, which means the manufacturer might be held liable.
• Property Owners: If dangerous conditions on private property (like a pothole in a parking lot) caused your accident, the property owner could be held liable.

To ensure you identify all liable parties and secure all possible compensation from them, it’s important to work with a bicycle accident attorney.

Fighting for Full Compensation: What Your Bicycle Accident Claim Could Include

A bicycle accident attorney at Tomkiel & Tomkiel will fight to secure the maximum compensation you're entitled to, which may include:

• Medical Expenses: Coverage for past and future medical bills related to your accident, including hospital stays, surgeries, rehabilitation, medications, and assistive devices.
• Lost Wages: Reimbursement for income lost due to being unable to work.
• Lost Earning Capacity: If your injuries prevent you from returning to the same type of work or they affect your future earning potential, you may be entitled to compensation.
• Pain and Suffering: Compensation for the physical pain, emotional distress, and diminished quality of life caused by your injuries.
• Property Damage: Costs associated with repairing or replacing your damaged bicycle and other personal property.

Keep in mind that every bicycle accident case is unique. The specific damages you may be able to recover will depend on the circumstances of your accident and the extent of your injuries.

Time Is of the Essence: Filing Your Bicycle Accident Lawsuit

In New York, the statute of limitations for most bicycle accident lawsuits is three years from the date of the accident. If you don’t file a claim within this time, you will likely lose your right to seek compensation for your injuries, no matter how strong your case is.

However, there may be exceptions that shorten or extend the statute of limitations. For instance, if the liable party is a government entity, there are different deadlines.

The sooner you speak with a bicycle accident attorney at Tomkiel & Tomkiel, the sooner we can assess your situation and ensure your rights are protected. Acting quickly also helps preserve evidence and witness testimony.

Partial Fault Doesn't Mean No Compensation

It's a common misconception that if you were partially at fault for a bicycle accident in Westchester County, you automatically lose your right to compensation. Fortunately, that's not how the law works.

New York's Comparative Negligence Rule

New York follows a pure comparative negligence rule. This means that even if you were partly to blame for your accident, you may still be able to recover damages. However, your compensation will be reduced by your percentage of fault. So if you're awarded $100,000 in damages but the court finds you 20% at fault, your final compensation would be $80,000.

Why You Need an Attorney

Insurance companies often try to place all the blame on the cyclist to minimize payouts. A dedicated bicycle accident attorney at Tomkiel & Tomkiel will fight to protect your rights and ensure you're not unfairly assigned more fault than is appropriate.

Should You Accept the Insurance Company's First Offer?

It's natural to want to resolve your bicycle accident claim quickly, especially if you're facing mounting medical bills and lost income. However, the insurance company's first settlement offer is likely to be a lowball offer. This is because insurance companies aim to protect their bottom line above all else, doing whatever they can to pay out as little as possible on claims. 

This means their initial offer may not fully cover the full costs of your injuries, especially long-term impacts like future medical expenses, lost earning potential, and intangible losses such as pain and suffering.

So while accepting a quick settlement might seem tempting, it could leave you with significant financial burdens down the road. Before making any decisions, consult a bicycle accident attorney to understand your options.