Bicycles have always been one of the most popular forms of transportation in New York. Many people in New York City own bicycles and have used them as an alternative mode of transportation. In addition, with the relatively recent years the advent and introduction of “Citi Bike” in 2013, bicycles are available everywhere.
In addition, on October 30th, 2019, the NYC Council introduced legislation (Int 1557-2019) that would significantly improve bike infrastructure throughout the city. One way it is seeking to do that is through the installation of at least 250 miles of protected bike lanes, which will be completed by 2026. All of these efforts are being made in order to lessen the ever – growing vehicular traffic. They also have opened or franchised the openings of hundreds of new bicycle rest stops. As a result, using bicycles as an alternative mode of transportation has skyrocketed.
Now, because of the Coronavirus pandemic, the Governor has issued the “New York on PAUSE” Executive Order (No. 202.6) which mandates that 100% of the non-essential workforce in New York is instructed to stay home. According to the order, everyone is instructed to practice social distancing and self-isolation to the fullest extent possible. Subways, trains, buses and ferries are to be avoided by any cost, as well as taxis, and Uber and Lift rides. This leaves most New Yorkers with two options: they can walk places or use bicycles/scooters. The outcome is that the number of cyclists on the streets has grown exponentially. However, because of the spread of anxiety, bicyclists have become far less careful.
Coincidentally, the operators of motor vehicles, delivery trucks, taxis, Ubers and Lyfts are choosing speed over safety. Exacerbating the danger is the increase of essential workers who must use motor vehicles, SUVS and trucks where driving speedily to get to their destinations is vital i.e. ambulances rushing the sick and injured to hospitals. Many times, this involves disobeying motor vehicular laws. The result is large increases of bicycle accidents. Commercial trucks, cars, SUVs and motorcycle collisions with bicyclist are soaring. This sharp increase in bicycle accidents was and is inevitable. Cyclists are exposed to more risks than ever.
Dangers of Bicycle Riding versus Motor Vehicles
Making matters worse, bicyclists are not as protected by the thousands of pounds metal and steel surrounding them in a motor vehicle or truck. Accordingly, the chance that they will be seriously injured if involved in bicycle accident with a truck, car or any motor vehicle is vastly increased. Compounding all of this, is that people riding bicycles must now navigate around the increased number of scooters and pedestrians in the bicycle lane and on the streets, makes the possibility of collision with a car truck or motor vehicle far more likely than before.
Whether you have been in a collision accident involving take out/delivery persons on bikes, commercial trucks, SUVs or cars. it is essential to act quickly and consult with an experienced bicycle accident attorney in New York.
Cycling accidents are much more often in urban areas like NYC due to the heavier traffic and bigger crowds. As the statistics show, motor vehicle accidents cause 90% of bike accident deaths. The reason is obvious: vehicles are larger and heavier than bicycles, and cyclists do not have as much protection as someone inside the car.
What are common causes of bicycle accidents?
Some of the most common causes of bicycle collisions with a motor vehicle include situations where:
- a motor vehicle cuts off a bicycle when entering the roadway
- a motor vehicle makes a right turn and cuts off someone cycling in the bike lane
- a motor vehicle rear ending a bike
- a biker of a parker vehicle opening the door in the path of the cyclist
- a motorist or a bike rider running a stop light or stop sign
As surprising as it might sound, most bicycle accidents do not actually involve motor vehicles. Accidents involving cars constitute only around 30% of all bicycle injuries. The other 70% are usually caused by other issues and can also result in successful lawsuits. These are usually caused by:
- A cyclist falling off the bike due to a poorly maintained roadway
- The bicycle being defective, damaged or poorly repaired
- A cyclist colliding with a pedestrian or another cyclist
- A cyclist colliding with an object such as debris in the road
- A cyclist falling off due to an animal attack
I was involved in a cycling accident that resulted in a truck crushing my leg. Having never been in this type of situation before and not knowing of any type of recourse, I was referred to Law offices of Michael S. Lamonsoff.
In Michael and his team I found a group of highly experienced professionals who have a deep ethic of wanting to help victims. They educated me, fought for me and thoughtfully guided me through this difficult time. I highly recommend their services.
Who can be held liable?
Liability for a bicycle accident injury depends on the accident cause and who was at fault. If the driver of the vehicle caused the accident, the cyclist may file a claim against the driver or the driver’s auto insurance. If the road was in poor condition or the cyclist fell and got injured because of debris, the cyclist may file a claim against the government agencies responsible for designing or maintaining the road. If the bicycle was poorly designed, or repaired, the cyclist can file claim against the manufacturer or the person responsible for the repair. And if another cyclist or pedestrian caused the accident- the cyclist can file a claim against the individual responsible.
The types of damages an injured cyclist may receive are the following:
- economic damages which include quantifiable losses such as medical bills and damaged property
- non-economic damages which include pain and suffering and quality life issues, and
- punitive damages which could be awarded if the court decides to award these.
Ultimately, the types of damages you may collect will depend largely on the nature of your case and the quality of your representation.
Who pays to fix or replace my bicycle (property damage)?
In addition to representing you for your injuries in your bicycle crash, if your bike has been damaged, the bicycle accident lawyers at our firm will assist you free of charge in recovering money for the repair or replacement of your bike.
This is a service we perform on behalf of all of our clients and will not be included in our contingency fee.
What you should do following a bicycle accident:
Seek medical attention
Your first priority should be to seek prompt medical attention following a bicycle accident. This is necessary for your continuing safety and well-being. In addition, it provides documentation that will detail the extent of your injuries. Some injuries may be plainly apparent for all to see, but some injuries may only be noticed by the careful eye of a trained professional. This documentation is extremely beneficial when litigating and determining the amount of your compensation.
Get an accident report
An accident report will provide a record of the facts surrounding your bicycle accident. This report will also include the names and contact information of people involved in the incident.
The accident report is useful in referring to accidents that occurred so long ago that memories have faded. The report will also serve as an official record that can be referred to in the case of disputes between you and other parties.
Get a police report
When the police arrive, politely insist that a report be made. Do not allow the police to convince you that you can file a report at a later date. This police report will protect your rights and may be necessary to help ensure your compensation for the accident.
Consult an attorney
Our experienced accident lawyers will obtain the police reports immediately to determine the allegations of fault. Additionally, we will take the statements of witnesses quickly before their memories and sympathy fade as time passes.
Pictures of the accident scene will be taken along with those of the damaged vehicle. Accident reconstruction experts may need to be retained as well.
The prevailing statutes and laws regarding the particular jurisdiction of the accident site (i.e. speed limits) must be ascertained. Insurance company information must be immediately obtained. We will place the defendants and their insurance companies on notice of our representation of you so that they will not attempt to contact you.
Ask our clients about our results in New York bicycle accident cases
"I was riding my bicycle and was cut off by a woman in a car. She hit me and I went flying over the car and broke my femur. I went to emergency surgery and it required a steel rod implant and screws and pins. Originally I had an attorney who was recommended by a friend of my fathers and they handled the case very poorly. I was very unhappy.
"I found Michael Lamonsoff through my aunt. She had great success with him and recommended I go see him immediately. As soon as I called they set me up with an appointment and paid for me to come in to see Michael. He met with me personally which I really appreciated it.
"Everyone in the office conducts themselves professionally. They accommodated me and made sure I knew what to expect every step of the way. I felt very well taken care of which is what I was looking for in an attorney.
"I was told that my case could take three years to close but Michael got it done in 6 months and I couldn't be happier. Michael is an excellent attorney and I will always use him."
Contact an experienced bicycle accident attorney today
At the Law Offices of Michael S. Lamonsoff PLLC, we have a proven track record of success handling bicycle accident claims in New York.
Whether your bicycle accident was caused by a vehicle, road maintenance issues, or another cyclist/pedestrian, MSL will fight for your rights and represent your best interests, so you can concentrate on your recovery.
Contact Us for Help with Bicycle Accident Claim
If you or someone that you love has been injured in an accident, the attorneys at The Law Offices of Michael S. Lamonsoff, PLLC are skilled in all of the issues and nuances that have arisen in these types of cases. We will immediately move to preserve and protect your rights to compensation. Contact the attorneys at the Law Offices of Michael S. Lamonsoff, PLLC, to find out what your rights are and let us take the necessary action in your behalf. We litigate every case aggressively, so that you can concentrate on recovery.
Prior results do not guarantee a similar outcome. The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.