Riding a bike is a healthy and convenient way to skirt New York City traffic, but it still poses certain risks. Because of these dangers, which include serious injury and even death, the state of New York has implemented laws to protect cyclists.
For example, all bicyclists who are younger than 14 years old must wear an approved helmet when operating the bike or riding as a passenger. Additionally, children younger than 1 are not allowed to be transported by bicycle at all. There are also some counties throughout the state that have local ordinances requiring all riders to wear a helmet, regardless of their age.
Although helmets can protect riders who strike stationary objects, such as trees or fences, they can only do so much in forceful impacts with motor vehicles. According to the Pedestrian and Bicycle Information Center, 818 bicyclists died in car accidents in 2015, and an estimated 45,000 sustained injuries.
If you lost a loved one in a bicycle accident with a reckless driver, contact the wrongful death lawyers at The Law Office of Richard M. Kenny. Your family may be entitled to compensation for all associated damages. Call (646) 808-3785 to schedule a free case evaluation with a personal injury attorney in New York City.
How Long Do You Have to File a Bicycle Accident Wrongful Death Claim in New York?
The statute of limitations for wrongful death claims in New York is typically two years; however, if you want to bring a suit against a government entity—the municipality responsible for maintaining the roads, for example—you must serve the defendant a Notice of Claim within 90 days of appointing an eligible representative of the deceased’s estate. Failure to notify the liable government entity before this deadline passes could result in a dismissal of the case.
There are also exceptions that extend the statute of limitations. If your loved one was struck by a drunk driver, for example, the New York Dram Shop Act Law might apply. If it does, your family would have three years instead of two to bring a claim against the establishments that supplied the visibly impaired motorist with alcohol just before the accident.
What Damages Might Be Recoverable in a Bicycle Accident Wrongful Death Claim?
A successful wrongful death claim can provide compensation for all damages resulting from the unanticipated loss. These might include:
- Hospital bills that the deceased accrued prior to passing;
- Funeral and burial expenses;
- Loss of financial support;
- Lost benefits and anticipated inheritances;
- Mental anguish;
- Loss of love, society, and companionship;
- Loss of care, guidance, and protection; and
- Loss of consortium.
Call (646) 808-3785 to Speak with a Wrongful Death Attorney in New York City
If your loved one died from injuries sustained in a bicycle accident, turn to The Law Office of Richard M. Kenny. Our attorneys have more than 100 combined years of experience in legal practice. Call (646) 808-3785 or fill out our Contact Form to schedule a free consultation with a personal injury lawyer in New York City.
