Welcome and thank you for joining me. I am Gerry Oginski in New York Medical Malpractice and Accident Trial Lawyer Practicing Law here in 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 those bicyclists are acquired to follow the same rules of the road as cars? That’s true, in many instances where bicyclists have been injured in car accidents they have been found partially responsible for not following the rules of the road. Well, if you’re riding your bicycle in a bike lane in Manhattan, the rules is maybe different from bicyclists then if you are on long island in Natural County for example, riding your bike on the side of the road where there is no bicycle lane. It is 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 bars suffering injury. Were you hit by a car that was making a turn? Were you following in the same direction of traffic as the as car that hit you? Importantly, what color was the light for your direction of travel? Were you troubling opposing traffic or were you going with the flow traffic? Did have a helmet on? Did you have any reflective clothing on?
Your attorney will want to know what do you had any blinking lights attached to your bicycle. Most bicyclists will call that a blinking butt light. And what it does is it usually a bright red flashing light that provide more visibility to you so that a driver behind you should recognize and see that blinking light in take steps to avoid you. Here is a very important piece of advice that many people who have been involved in the bicycle accident don’t realize. If you suffered in injury as a result to the bicycle accident with the car or a truck or 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 a very important and then you will have to rely on your own health insurance company to pay for your 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 that you suffered because of the bicycle accident. At some point down the road your health insurance company will learn about your lawsuit and they’re 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 known as a lien. However, if your no-fault insurance company pays for your medical expenses, then they will be no lien against the proceeds of your lawsuits that’s very important.
And that’s it for today’s tip on the truth about car accidents and bicycle accidents here in 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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