You need to get your medical needs taken care of and then need to consult with a PI lawyer right away. Best of luck.
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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!
The aforementioned opinion does not constitute legal advice and is for general educational purposes only. See an attorney licensed in your jurisdiction for competent legal advice. No attorney-client relationship has been formed through the within legal question and answer session.
It sounds like a tough case as you were riding on the sidewalk instead of the street as you should have been, but retain a local personal injury lawyer to investigate.
Consult with a NY personal injury attorney immediately - most do not cause a consultation fee. This type of claim needs professional assistance. Hope your injuries are not too sincere. Good luck
This is not intended to be legal advise or as legal representation. I am a California personal injury attorney . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.
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.
So if the truck was making a right on red and you were going straight, that would mean you were crossing the intersection against the red light? Am I missing something here?
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If you are having ongoing medical issues, I would suggest you consult with your primary care physician for the proper referrals. I would also suggest you contact an experienced personal injury attorney as soon as possible.
Any and all responses are for general informational purposes only and in NO way constitutes legal advice NOR does this response create an attorney-client relationship with Shane Bartlett or his firm. As there are different statutory deadlines for each case, the recipient of this information is strongly encouraged to contact an attorney of their choosing to advise the recipient as to their legal rights and further address their particular question.
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