NEW YORK CITY BIKE INJURY LAWYER

NEW YORK CITY BIKE INJURY LAWYER

It is a common occurrence to find lots of cyclists on the streets of New York. As the streets undergo redesigning, this is even more comfortable for cycling in New York streets to become a normal transportation process. Columbus Avenue, Central Park, and other areas have seen a significant redesign that helps bikers commute the entire city with ease.

It is not uncommon to see people cycle from the West and Upper East sides of Manhattan down to Wall Street or midtown for work. Brooklyn is not an exception, as bikes are now as common as any other means of transportation on the streets. The Ocean Parkway and Boardwalk have bike lanes that encourage people to ride as they go about their day.

A visit to Queens will show you several bike lanes across the Queensboro Bridge, easing the traffic in the most-clogged street.

Suffice to say that biking a way of life in New York, and it has made commuting easy. In fact, New York is a paradise for riders, with its beautiful natural spaces and well-constructed biking infrastructure.

The famous Citi Bike program has also improved the popularity of cycling in the city, as hundreds of thousands of bike rides occur every day, thrice the number of active bike rides of last year.

CYCLING IN NEW YORK SOMETIMES OUT NUMBER CARS

It is safe to say that bikes sometimes outnumber cars on several streets in New York, especially in the summer.

More than the traffic ease, an increase in the number of cyclists cycling in New York leads to less carbon footprint, better air, and a healthier city for inhabitants.

Bear in mind that cycling also improves the health of the general public while helping non-car owners to make their way across the city.

Amid all these benefits, the safety of cyclists is an area that we cannot ignore, as we must pay attention to road cycling safety.

The New York Department of Transportation embarked on a comprehensive on bicycle safety, and they found that city and state officials have worked hard to promote the safety of riders.

According to findings, the last decade saw the addition of over 74 miles of guarded bike lanes and over 400 miles of standard bike lanes across the city. State officers also embarked on bicycle safety campaigns across all five boroughs while distributing about 180 000 bicycle helmets. They also installed 24,000 racks in this period.

Manhattan is along with the new cycling trend ‘CITI BIKE’ that allows people to rent bikes for a time frame until it is time to return it. Riders return it to the nearest CITI BIKE stand where someone else can pick it up.

Organizers of the research into cyclist’s safety believe that the high number of cyclists will guarantee better safety for riders. The idea behind this is that when the numbers of cyclists increase, state and city officials pay more attention to cycling culture and safety.

Also, as cyclists continue to populate the city streets, they are learning how to coexist amongst themselves and motorists on the streets.

Despite the safety improvements and awareness about cycling in New York, there is a need for cyclists to be diligent and cautious, remember to practice safe riding habits, and avoid the devastating effects of bike accidents, which adversely affect a person mentally, physically, and financially.

SAFETY MEASURES FOR BIKING/CYCLING IN NEW YORK

When cycling, riders need lots of preparation, awareness, and consciousness on the road to ensure safety. Regardless of their preparedness, intersections remain the most dangerous are for riders compared to other areas of the road.

With about 65% of fatal accidents happening at intersections, cyclists should be on guard in these areas.

Riding beside a motor vehicle is the next risky activity with 29% fatalities. It has the same risk as riding near a turning lane for motor vehicles.
The size of trucks poses a danger that cyclists cannot ignore. Most truck drivers can’t clearly see the bikes they are sharing the road with due to their size. Also, accidental collisions will be more violent than other vehicles.

Here are some crucial safety tips for cyclists in New York:

• Always use head protection: Using a helmet offers you about 60% protection against serious head injuries in case of accidents. Seeing as head injuries are some of the prevalent causes of fatalities in cycling accidents, bikers need helmets that meet all safety regulations.
• Headlights, bells, and horns are also vital for better safety when riding.
• Ride in a single file in the same direction as the traffic flow and not against. Also, use your hands to give signals when necessary.
• When riding at night, use reflective material and bright lights alongside your headlight.

FREQUENTLY ASKED QUESTIONS ABOUT BICYCLING ACCIDENTS

Alongside the benefits of increased cycling activities, we see an unfortunate increase in crashes between motorists and cyclists. When an accident occurs, several serious, sensitive, and timely questions come to mind.
Such questions could include;

• Am I entitled to ‘no-fault‘ coverage in the case of injuries to pay medical bills and make up for my loss?
• The driver who hit me ran a red light. What should I do?
• Can I get compensation for the damage to my bike or belonging?
• Can I sue the driver who hit me because he wasn’t monitoring his blind spot?
• Did a defect in my bike cause my accident?
• Can I get a personal injury recovery from a driver who has the right of way?
• Can I hold New York City or the municipality responsible if road conditions led to the accident?
• Is there a statute of limitations to file such a claim?

When you schedule consultations with an attorney, you will get the answers to your questions and more.

WHAT SHOULD I DO WHEN I GET INTO AN ACCIDENT WHILE CYCLING IN NEW YORK?

Immediately after an accident occurs, you should gather and preserve as much evidence as possible. Get photographs of the scene without tampering with it, and show the entire location. You will also need police reports, eye witness accounts, alongside their names and addresses.

Ensure to secure the bike to present it for forensic analysis when investigations start. If you have your Go-Pro camera on at the time of the incident, safeguard it alongside any GPS data you can collect.

Capture pictures of the other vehicle involved in the accident before you lose the evidence. Also, get a professional to visit the scene immediately and study it. Bear in mind that the loss or destruction of any evidence can make you lose your suit and compensation, so guard them jealously.
If you obtain evidence proactively, your attorney can help you to take stock of the evidence and protect them.
The evidence almost always has an impact on the final ruling in a lawsuit because you can establish the occurrence of an accident using forensic evidence from the accident.

DISTINCT QUESTIONS TO CONSIDER ABOUT ACCIDENTS RELATED TO CYCLING IN NEW YORK

Several biking accidents raise unique and crucial questions that you might have a hard time answering.

• A motorist hit me at an intersection, driveway, or roadway. What are my rights in this situation?
• My bike hit a speed bump and caused an injury. Who can I hold liable?
• A motorist opened his door as I was passing and injured me. Who is at fault?

TIMELY ACTION IS KEY

When you get into an accident, it is crucial to put all the facts together and get an attorney to review the incident and tell you what your rights are. Several statutes in New York State and New York City relate to bike accidents, and you need an attorney to look at the facts and tell you what laws apply.

Timeliness is key because you must bring your claim within a specified timeframe to prevent cancelation. Present your No-fault claims as soon as they occur because there is a short window to address them.

If you are raising claims against municipalities and subdivisions, you might have an even shorter time.

SEVERAL TYPES OF CYCLING ACCIDENTS IN NEW YORK

Were you forced out of your bike lane by a motorist? It counts as Blocking and Obstructing a Bike lane, and it could constitute a violation of Section 4-08(e) of the New York City Administrative Code.

WHAT IS DOORING?

The door zone is a space of 2 to 4 feet between two parked cars or adjacent to parallel stopped cars.

A cyclist can get severely injured when riding in a door zone, and opening the door can be counted as a violation of the law. The cyclist might also suffer serious injury if a door suddenly opens in his path, and he drives into it.

Dooring is a violation of Vehicle and Traffic Law 1214.

According to section 1214, No person should open the door of a vehicle on the side nearest to moving traffic unless it is safe to do so without interfering with traffic flow. A person shouldn’t leave a door open if it is on the side of traffic for longer than the time it takes for unloading.
Violating a New York State statute holds an enormous implication for a wrongdoer if the violation is seen as the exact cause of the accident. It could hold onto the offender’s negligence as a matter of law.

In the right situations, the jury has the charge to confer the negligence statute on a person if his violation if a statute is a proximate cause of an injury. This clarification imposes a jury and a standard of care that cannot be substituted.

Also, in New York City, another legal provision rests in NYCRR – Section 4-12-(c).

It provides that no person should get out of a vehicle from the side that faces the traveled part of the street in a way that will restrict the right of an operator of a bicycle or vehicle.

Anyone who vacates this local law has a case of negligence for consideration by the jury.

WHAT ARE THE NEW YORK CITY TAXI RULES AND HOW DO THEY AFFECT ME?

Sometimes, the driving habit of taxi cabs further highlights the safety issues associated with driving bikes in New York City and the possible hazards when riding in the street.

Cab drivers who want to make lots of money, especially those on Second Avenue are known to speed across the road, causing accidents for those who aren’t careful.

For the protection of hardworking drivers and cyclists, New York City Council has the NYCRR – Section 4-11, Section C, which gives taxi rules and their implications.

The NYCRR Section 4-11, Section C, requires taxis picking up or dropping off passengers to stay within 12 inches of the curb.
It also recommends that Taxi and Cars for Hire-(c) picking up or discharging passengers must not obstruct traffic flow. He also asked them to leave no fewer than 10 feet inside 9ja.

WHAT CLAIMS CAN I SUE FOR AN ACCIDENT RELATED TO CYCLING IN NEW YORK?

The relevant statutes bring about several potential issues that could lead to a lawsuit. Some urgent questions should also be addressed, including

• What level was the bicycle speed?
• Was the interior light of the vehicle on?
• Did the cyclist know that someone was about to exit? If yes, the cyclist might take the fall.
• How attentive was the cyclist to the road? Defendants might want to blame the cyclist for his injuries based on inattentiveness.
• Did the cyclist use illuminators and reflectors?
• Could the cyclist have ridden clear of the danger?
• Was the cyclist distracted by external factors?
• Did the vehicle have a rear brake illuminated, showing the cyclist that a driver or passenger might get off soon? Cyclists should see this sign if it exists.
• What is the effect of a contributing fault on a cyclist if a driver violates a City, regulatory, or State Statute or City Law or Regulation?

The issues highlighted above are some areas that a cyclist needs an attorney to address and handle in cases of a bicycle accident.