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Gerry Oginski: Welcome and thank you for joining me. I am Gerry Oginski in New York Medical Malpratice & Accidental Trial lawyer practicing law here in the state of New York. Today's topic is about, The Straight Truth involving bicycle accidents, here in the state of New York.
Did you know that the bicyclist are required to follow the same rules of the road as cars. It's true. In many instances where bicyclist had been injured in car accidents, they have been found partially responsible for not following the rules of the road. Well, if you are riding your bicycle in the bike lane in Manhattan, the rules maybe different for bicyclist than if you are on long island in Nassau County for example, riding your bike on the side of the road where there is no bicycle lane. It's also important for your attorney to know what type of area you are riding on, is it a commercial or residential area. Was there parking on both sides? Did you get doored by somebody opening up their door and you go flying over the handle bar suffering injury. Were you hit by a car that was making a turn. Were you following the same direction of traffic as the car that hit you. Importantly what color was the light for your direction of travel. Were you traveling opposing the traffic or were you are going with the flow of traffic. Did you have a helmet on? Did you have any reflective clothing on? Your attorney will want to know whether you had any blinking lights attached to your bicycle. Most bicyclist will call that a blinking butt light and what it does it's usually a bright red flashing light that provides more visibility to you. So that a driver behind you should recognize and see that blinking light and take steps to avoid you.
Here is a very important piece of advice that many people who have been involved in a bicycle accident don't realize. If you suffered an injury as a result of the bicycle accident with a car, a truck or a bus, you must file a claim with your no fault insurance company within 30 days in the State of New York. If you wait longer than 30 days, you will no longer be able to have your no fault insurance pay for all of your medical expenses. That's very important and then you will have to rely on your own health insurance company to pay for you medical expenses.
So why is that important. It's important because if you don't file for no fault, and now your health insurance company has to pay for your medical expenses and later on you bring a lawsuit for the injuries you suffered because of the bicycle accident, at some point down the road your health insurance company will learn about your lawsuit and they are going to ask you to repay them for the money that they paid for your medical care out of the proceeds of your lawsuit. That's know as a lien. However, if your no-fault insurance company pays for your medical expenses, then there will be no lien against the proceeds of your lawsuit. That's very important and that's it for today's tip on the truth about car accidents and bicycle accidents here the State of New York. I am Gerry Oginski. Thank you for spending a few moments of your day with me here in my office. Have a great day.
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