Contrary to what you see on television or hear on the radio, not all accidents involving a car and bicycle can be blamed on the driver of the car. According to Syracuse accident lawyer Michael A. Bottar, Esq., you cannot sue a car driver for personal injury just because there is contact between a car and a bicycle.
A perfect example is a Syracuse bicycle accident incident that occurred yesterday afternoon, at the intersection of Burnet Avenue and Thompson Road. At or about 5:00 p.m. yesterday, a car was driving south on Thompson Road and a bicycle was traveling east on Burnet Avenue. The driver of the car had the green light before the crash occurred. While no tickets were issued. the crash remains under investigation.
In order for the bicyclist to bring a claim for personal injury, the driver of the car must be at fault and he must have sustained a “serious injury” as defined in Section 5102 of the New York State Insurance Law, which is an injury that:
“results in death; dismemberment; significant disfigurement; a fracture; loss of a fetus; permanent loss of use of a body organ, member, function or system; permanent consequential limitation of use of a body organ or member; significant limitation of use of a body function or system; or a medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person’s usual and customary daily activities for not less than ninety days during the one hundred eighty days immediately following the occurrence of the injury or impairment.”
Car accident cases can be complicated and may take time to prove, especially if experts are needed to recreate the events that preceded the collision and the forces that caused the injury. Who you hire to represent you is critical. When you select a lawyer, make sure s/he is properly qualified, with a history of results. To contact the Bottar Leone, PLLC, legal team call 1-800-336-5297, or email us at email@example.com.