Fatal Bicycle Accidents Lawyer in Queens
Motor Vehicle Collision Attorney Dedicated to Helping Families in Queens
In some tragic situations, a bicycle accident can claim a victim’s life. If the negligence of a driver or another individual causes a fatal bicycle accident in Queens or the surrounding area, the compassionate lawyers at The Cassisi Law Firm may be able to help the bereaved family pursue compensation for their loss. We can investigate the circumstances of the collision and carefully explore your options. If you decide to take legal action, we can tenaciously advocate for your rights during settlement negotiations or at trial.
Holding a Negligent Driver Accountable for a Fatal Bicycle Accident
Bicyclists are more exposed than people in motor vehicles, and they are often difficult for drivers to see on the road. The family of someone who is fatally injured in an accident that could have been prevented if not for the careless actions of a motorist may seek to recover damages from the responsible party. A wrongful death lawsuit provides a method to recover damages on behalf of their lost loved one. It is usually brought by the spouse or children of the deceased victim.
In a wrongful death claim, the elements mirror those of a typical negligence case in which the victim survives an accident. The first element is a duty of care. The victim’s family must prove that the defendant was required to uphold a duty of care that was violated. This violation consists of a careless action, also known as a breach. For example, a common breach in a bike accident involving a vehicle is when a motorist turns left and cuts off the bicyclist abruptly. In some situations, perhaps the motorist was also speeding or driving while distracted, such as if he or she was using a cell phone.
After showing the defendant had a duty and breached that duty, causation must be demonstrated. In other words, if the defendant had acted with the appropriate level of care, the victim would not have been hurt. The accident must have flowed directly from the breach in a reasonably foreseeable way.
Damages available to the victim's bereaved relatives may include a wide range of compensation. These damages are based on the losses caused by the death of the family member. Typically, they include hospital bills, funeral and burial expenses, loss of companionship and consortium, and the value of lost income and support provided by the deceased. The family may also recover for the value of conscious pain and suffering. In certain situations, the bicyclist may have contributed to the accident through his or her own negligence. New York uses a rule of comparative negligence in these claims, which means that the family of the deceased bicyclist would recover compensation in proportion to the defendant's fault.
Protect Your Rights by Enlisting a Lawyer in Queens
Fatal accidents result in serious emotional harm, and family members often suffer from resulting financial problems as well. If you have lost a loved one in a bike accident, the office can guide you through the process of asserting your rights. The experienced attorney at The Cassisi Law Firm represents families in Queens as well as the Bronx and Brooklyn.