New York City has some of the busiest streets in the world. They are full of motor vehicles, pedestrians and bicycles. Bicycle accidents are relatively common and can result in catastrophic injury. According to bicycle accident statistics provided by the New York City Department of Transportation, in 2015 there were 435 injuries suffered from bicycle accidents, leading to one wrongful death. The bicycle accident lawyers of Jaroslawicz & Jaros have recovered more than $1 Billion in damages for clients since 1980 and can help you obtain compensation for a serious bike accident in New York City.
The Most Common Types Of NYC Bike Accidents
As a New York City bicycle accident law firm, Jaroslawicz & Jaros understands that there are unique challenges and safety hazards for bicyclists in this city. We’ve listed the top three types of bicycle accidents below. If any of the below applies to you, click on one of the links for more detailed information:
Were You ‘Doored’ In A Bicycle Accident?
In a crowded urban area, “dooring” happens quite frequently. “Dooring” describes accidents in which bicyclists are hit and knocked off of their bikes by the opening of a car door parked on the side of the road. This type of bike accident happens so frequently that the area of the street 2 to 4 feet from car doors has been coined “the door zone.” There are actually laws regarding dooring in the New York Vehicle and Traffic Law.
According to Section 1214, no person shall open the door of a motor vehicle on the side available to moving traffic unless and until it is reasonably safe to do so and can be done without interfering with the movement of other traffic, nor shall any person leave a door open on the side of the vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers. What this means is that drivers can be held liable for injuries to bicyclists as a result of them opening their vehicle door.
Drivers should always check and see if the door zone is clear before stepping out. It is also against the law for a driver to leave a door open for an extended period of time while parked on the side of the road. Taxicab drivers are also required to stop parallel to the curb, within 1 foot, when picking up passengers. Picking up or dropping off passengers “should not obstruct the movement of traffic,” according to § 4-11.
Was Your Bicycle Accident Caused By A Pothole?
It’s no secret that our city streets are riddled with potholes, manholes and other potential hazards. While these types of road defects may not be serious enough to damage a vehicle, they can definitely present a threat to bicyclists and other pedestrians. One of the most important things you can do after being involved in a bicycle accident such as this is to document the road hazard that caused it.
The best way to do this is by taking pictures, from a few different angles, of the manhole, street grating or pothole so you have some evidence to use in your injury claim. This is also important because in some cases, the city might attempt to repair the defect before your case is settled. If you don’t have any pictures and the city fixes the hazard, it would be difficult to file an injury claim.
You May Be Able To File An Injury Lawsuit Against:
- The city (or another municipal authority)
- A utility company (ex: Consolidated Edison)
- The NYC Transit Authority
Anyone who owns, operates or maintains a section of the road, sidewalk or crosswalk is responsible for abiding by 11 RCNY 2-14, § 2-07 and other sections concerning the maintenance and repair of public roadways.
Injured While On A Bicycle Tour In NYC?
Many tourists who visit New York City choose to see the sights via bicycle. There are many bicycle rental businesses as well as bike tours that populate our city. If you were injured on a bicycle tour or while riding a rented bicycle, you may be entitled to financial compensation. Usually, bike tour companies and bicycle rental establishments will require all participants to sign a liability waiver. This essentially releases them from all liability if you are involved in an accident while on the tour and/or using one of their bicycles.
However, even if you are not able to sue the rental or tour company, you may be able to file a lawsuit against a third party such as the driver of a motor vehicle (ex: in a “dooring” accident) or against a municipal authority (ex: potholes and road defect cases). There is much to see in the city, making it difficult for a tourist to ride a bicycle and concentrate on the road while simultaneously seeing the sights. Because of this, bicycle rental companies and tour companies will usually require all participants to wear helmets and other safety gear.
When you retain a New York City bicycle injury lawyer from Jaroslawicz & Jaros, PLLC, you will always work directly with your lawyer, not a paralegal or secretary. We will always be available to you! In addition, our team is led by attorneys Abraham Jaros and David Jaroslawicz, both of whom have been named in the “Top 100 Trial Lawyers” by the National Trial Lawyers, so you know you can count on receiving excellent representation from our team.
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