By: Michael J. McConnell, Westchester County Bicycle Accident Lawyer
Bicycle accidents caused by motor vehicles have been on the rise in recent years and there are no signs of this trend slowing down.
Since the start of the COVID pandemic, bicycle ridership has significantly increased in Yonkers as well as the rest of the NYC metropolitan area. With the increased amount of bicyclists on the road, there are far too many New Yorkers being put at risk by careless and distracted drivers.
The injuries that bicyclists suffer from being crashed into by car weighing thousands of pounds are often devastating. They include:
- Traumatic Brain Injury (TBI)
- Fractures
- Spinal Cord Injuries
- Paralysis
- PTSD
Justice for injured bicyclists demands accountability and full compensation. This is especially true since the injures can be so life altering.
Between lost wages, expensive medical bills, and the pain and suffering that tends to result, the financial damages in these types of cases can be significant.
Yet to get full compensation for what the negligent driver wrongfully took from them in terms of their health and overall wellbeing, the injured bicyclist needs to prove both the extent of the damages and that the driver is liable.
Liability is extremely important in bicycle accident cases as often the driver is going to blame the bicyclist for the accident.
Having the right evidence to prove that it was the driver who was clearly at fault is a gamechanger and opens the door for maximum financial compensation.
In this article, I will discuss what bicyclists in Yonkers need to know regarding what types of evidence can be crucial if they are struck by a negligent driver. Every case is unique in its own way, so certain forms of evidence might be more important in some cases than others.
What follows is a general guide for informational and educational purposes of what bicyclists might want to consider getting their hands on immediately after an accident. Doing so could make all the difference.
If you are a bicyclist who has been injured in Westchester County or NYC, you can contact Yonkers bicycle accident attorney Michael J. McConnell right now for a free consultation.
Surveillance Footage Showing the Bicycle Accident
Video showing an accident can often be the most important form of evidence. This is especially true when the video is of good quality and shows a good angle of the event.
Yet even in cases where the video quality is not great, it can still be useful in corroborating the bicyclist’s account of the accident. Even if it is a little blurry or isn’t from the most ideal angle, the video could depict certain things that show the driver was at fault.
In some cases, there might not be footage of the moment of impact but maybe there is something that shows an important detail before or after the crash.
For example, maybe a storefront camera from down the block shows the driver speeding or swerving all over the road moments before the collision.
Or if this was a hit-and-run crash, video from a traffic camera in the vicinity of the accident could assist in finding out who the driver was.
Of course, there are countless other ways video can help prove a bicycle accident in Yonkers, but suffice it to say that video can obviously be of the utmost importance.
The problem with video is usually that it gets deleted shortly after the accident.
You might see many cameras around the accident scene. Not only might some of them not work, but the ones that do likely will have a retention policy that only keeps the video saved for a certain period of time.
This means that it is crucial to preserve a copy of any video as soon as possible after a bicycle crash.
Some places only save the video for a day or less. Others might save it for somewhere between a week or a month.
Others could be longer, but more than one month is somewhat rare for most businesses. Typically 90 days would be considered on the longer side.
After a bicycle accident with a serious injury in Yonkers, you don’t want to take chances when it comes to video. It is almost always best to locate and preserve the video right away. The longer you wait, the more likely something is to get deleted either automatically or by human error.
Photos of the Accident Scene and Injuries if Injured Riding a Bicycle in Yonkers
Regardless of whether you have video or not, photos are always going to be essential to proving a bicycle accident case.
There are countless reasons why photos can be important, including that they can substantiate:
- The precise location of the accident.
- Visible injuries.
- The identity of everyone involved, including the driver and any witnesses.
- The road, weather, and visibility conditions.
- Property damage.
Photos can come from the bicyclist, witnesses, or first responders like police officers.
Quite frankly, the driver might also take photos and those can be obtained through the discovery process of the lawsuit. It is always possible that the driver produces a photo that turns out to actually help the bicyclist’s case without the driver realizing it initially.
It is often much better to err on the side of having too many pictures than not enough. Photos from various angles or vantage points are of course ideal.
Additionally, something that is easy to overlook is the importance of taking pictures of any visible injuries in the days, weeks, months, and sometimes even years that follow.
Doing this can show the healing or lack thereof as time passed. This can show the severity or permanency of certain injuries, including scarring.
Even for serious injuries such as bone fractures, taking a photo of an arm or leg in a cast can have a larger impact on one’s case than most people realize. The same is true with pictures that show the victim in a hospital bed or recovering at home.
The reason for this is that pain and suffering is a huge potential source of financial compensation in New York personal injury cases.
Having photographic evidence that shows how the crash negatively impacted your quality and enjoyment of life can play a significant role in validating your damages for pain and suffering.
As they say, a picture can be worth a thousand words. There is no doubt about this, which is why bicycle accident victims should generally consider having plenty of photographic evidence.
Police Report to Help Prove the Driver was at Fault
If someone is injured in a bike accident, it is important to call 911 for that emergency. The police will respond and should take a report.
A proper police report will have key details that are fundamental to winning a bicycle accident case, including:
- Name of the driver
- Insurance information
- Accident details, including date, time, and location
- Potential witnesses
Police reports can sometimes go a long way in proving the driver was at fault. At the very least, they pin down key details that make it very difficult for the driver to dispute that there was an accident at a certain date, time, and location.
Having this official record that at least confirms there was an accident is an important first step. Once that fact is established, things like photos, videos, witness statements, and other forms of evidence could be used to prove up who was at fault.
Witnesses who Observed the Bike Accident
The dispute in most bicycle accident cases is this: the bicyclist claims the driver was at fault, but the driver claims the bicyclist was at fault. It is one person’s word against the other.
Especially in cases without video footage of the accident, one of the best ways to win is to have an eyewitness who corroborates your version of the facts.
It is even better when the eyewitness is a neutral and unbiased bystander who doesn’t know either the driver of the bicyclist. It is difficult for the driver to then claim the bicyclist is mistaken, exaggerating, or making things up when a totally independent witness backs them up.
Moreover, it is important to remember that good witnesses can also include people who didn’t see the moment of impact. Similar to my point about video from before or after the accident, a witness who can provide even just one key detail helpful to your case can be a game changer.
For example, even if they didn’t see the actual accident, maybe they saw or heard something before or after it that was really important.
Maybe they saw the driver speeding moments before the collision but weren’t able to see the impact from where they were standing. Perhaps they heard the driver admit fault.
A witness who credibly testifies about either of those things could be the key to winning.
But the reality and perhaps the hard part is this: you have to find these witnesses.
This is why it is important to get the names and phone numbers for any and all witnesses at the scene. This can sometimes be difficult when someone is really hurt and requires immediate medical attention. In those cases, hopefully the police officer will at least get a few.
Medical Documentation of the Injury
In yesterday’s article I explained the importance of seeking immediate medical treatment in the context of getting hit by a drunk driver. The same rationale for getting medical care as soon as possible applies to bicycle accidents as well.
If you were struck by a car while riding a bicycle in Yonkers, delaying medical care for too long can have negative consequences for both your health and the dollar value of your case.
From a health standpoint, waiting to get necessary medical care can make the condition worse. Additionally, there are often “hidden injuries” common to bicycle accidents that might not be visible or obvious at the time of the accident.
For example, hidden injuries could include things like concussions, organ damage, internal bleeding, and even soft tissue injuries.
The pain and symptoms might not be obvious at the time of the accident. Instead, they might present in the days or weeks that follow.
The problem is that waiting to get care for those hidden injuries can cause them to get worse and put you more at risk for serious complications.
After an accident, a doctor should know to check for these types of injuries, which is why it is always a smart move to get checked out after a bicycle accident even if it is just precautionary.
Also, from the standpoint of getting maximum compensation for your Yonkers bicycle accident, you are likely going to be better off getting treatment immediately.
If you delay, the other side might try to argue some nonsense about how the lack of immediate medical attention shows you are either not seriously hurt, exaggerating, or making things up.
While there are obviously a ton of good reasons why someone might not get medical attention right after an accident, in most cases the bicyclist will be much better off not having to go on the defensive to justify why they waited.
You want to have the strongest possible case. Strong cases are more likely to lead to top dollar settlements.
To get the most money on a bicycle accident case, you generally want to be able to spend most of your time hammering the points that are strongest for you. Things that show why the other side was so clearly liable for their negligence and how much the consequences from their wrongful conduct negatively impacted your life.
The problem is that every second you have to spend explaining a delay in medical treatment, you miss an opportunity to focus things on the strengths of your case. This is why avoiding unnecessary delays in medical care is so crucial.
Why give the other side any opportunity to downplay your injuries? To wrongfully call into question your motives?
The goal is always to WIN. Winning in anything is best done by not giving an opponent even the slightest chance. You want to crush them start to finish. You want to have a relentless attack that leaves them begging for mercy.
So the bottom line is this: immediate medical treatment can go a long way in winning a bicycle accident lawsuit in New York.
Even after the initial care at a hospital or emergency room, it is important to continue to follow up with the recommended specialists and other medical providers. Doing so is important from both a health perspective and for your case.
Medical documentation will be used to prove the extent of your injuries. They will show how you have been impacted so far and the long-lasting impairments that you will suffer in the future from the driver’s negligence.
Conclusion: Early Collection of Evidence is Essential to Winning a Bicycle Accident Case
If you got hurt in a bicycle accident in Yonkers, getting the right evidence is important and should be done immediately. Delays in getting the right evidence can be costly. Video can get deleted, witnesses can be difficult to locate once they leave the scene if you don’t get their information, and a lack of photos gives the negligent driver a chance to downplay your injuries or blame you for the accident. Winning a bicycle accident case requires a relentless focus on building the strongest case possible – and it all starts with a thorough investigation with collection of video, photos, witness information, and more.
If you were injured riding a bicycle in Yonkers, please contact the Law Office of Michael J. McConnell today for a free consultation.
Michael J. McConnell is a Westchester County personal injury lawyer dedicated to achieving full justice for victims of bicycle accidents. He is a former Manhattan prosecutor who prides himself on a treating every case with the seriousness that it deserves. Call today for your free case evaluation.
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