I collided with the passenger side of the truck then he drove another 5 or so feet running over my bike. I have a cut on the frontal lobe took 6 stitches, contusion shoulder wrist, and calf pain
It is unclear from your question whether the truck was proceeding through a red light at an intersection or pulling out from a parking space when the collision occurred. It is also unclear whether you were traveling in the appropriate direction of traffic or against traffic. Regardless it sounds as though you will have an uphill battle proving that the truck is fully responsible for this incident.
Under the Vehicle and Traffic Law you are not permitted to ride a bicycle on the sidewalk. Combined with the fact that you struck the passenger side of the truck as opposed to the front end of the truck striking you, it sounds like you may have liability issues.
In any personal injury case you must prove 2 factors: liability and damages (ie. injuries). Unless you can prove liability, then a jury may never hear about what type of injuries you've suffered. The thing you have going for you is that NY is a comparative fault state, meaning that they look at the relative fault of the parties. If you can prove that the truck was running a red light then there is a good shot that you can place the lion's share of the fault on the truck. You would need a witness in your favor to avoid a scenario where you are pointing fingers at each other.
Contact a local personal injury attorney without delay and track down any potential witnesses. Use the Avvo Find A Lawyer tool. Good luck!
Sorry to hear, I hope you are recovering well.
I agree with my colleagues. Get healthier and keep your medical records organized. Whenever possible, writing down important facts about the incident helps recollection in the future.
I highly recommend discussing your matter with a New York personal injury attorney as soon as possible because there certainly is a statute of limitations stemming from your type of injury. There are also necessary and urgent actions to be taken if the truck was somehow employed by the city.
This sounds like a case of negligence on the part of the truck driver who hit you. Under New York law you must have a qualifying injury to receive compensation for a motor vehicle accident case. It is important that you consult with a personal injury attorney to investigate the accident and help you determine if you are entitled to an award.
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