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How NYC Personal Injury Lawyers Win Bike Dooring Cases

How NYC Personal Injury Lawyers Win Bike Dooring Cases

Riding a bicycle down a bustling New York City avenue requires sharp focus and quick reflexes. Even the most car eful riders face sudden hazards. An opened car door into moving traffic presents one of the most frightening dangers on city streets. As an experienced NYC personal injury lawyer, our legal team routinely represents injured cyclists who suffered severe harm because a driver or passenger failed to check their mirrors. These crashes, commonly called dooring accidents, lead to painful orthopedic trauma, concussions, and steep medical bills. Fortunately, New York traffic statutes protect riders when negligent vehicle occupants cause these sudden collisions. Key Takeaways New York Vehicle and Traffic Law Section 1214 creates an affirmative duty on drivers and passengers regarding door opening, and courts may treat violations as negligence per se when the elements of that doctrine are satisfied. Under New York Vehicle and Traffic Law Section 388(1), vehicle owners and commercial auto policies face vicarious liability when passengers negligently open doors into oncoming traffic. Appellate courts recognize that opening a car door into moving traffic can constitute the sole proximate cause of an accident, but no primary source documents the specific $2,500,000 settlement figure. Many injured cyclists wonder how fault affects their insurance claims. Under New York Vehicle and Traffic Law (NY VTL) Section 1214, no person may open a motor vehicle door on the side available to moving traffic unless it is reasonably safe to do so. Also, the rule strictly forbids leaving a door open longer than necessary to load or unload passengers. Consequently, this state statute places an affirmative legal duty directly upon motorists and passengers rather than oncoming cyclists. When a driver violates this rule, the legal standing shifts heavily in favor of the injured bicyclist. Understanding Negligence Per Se in New York Dooring Cases Establishing fault forms the bedrock of every personal injury claim. In standard car accident litigation, the injured party must prove that the driver acted carelessly under general common-law principles. However, dooring crashes follow a far more potent legal doctrine. Under New York law, a demonstrated violation of NY VTL Section 1214 can constitute negligence per se when the elements of that doctrine are satisfied. Negligence per se means that violating an enacted safety statute conclusively establishes negligent conduct as a matter of law. Therefore, the court recognizes the violation itself as definitive proof of careless behavior. This statutory standard gives our NYC personal injury attorneys immense leverage during settlement talks. Rather than debating whether the driver exercised reasonable caution, the legal dispute centers on whether the door opened into moving traffic. Once we secure police reports, witness testimony, or surveillance camera footage proving the door swung open directly into your path, liability becomes virtually indisputable. Insurance adjusters understand the power of negligence per se. Consequently, this clear finding eliminates many typical defense arguments and forces insurers to evaluate claims seriously early in the process. Municipal Regulations and Rider Protections in New York City State statutory law is not the only framework protecting cyclists across the five boroughs. In addition to state statutes, local municipal codes govern street activity. Municipal regulations further reinforce this standard under Rules of the City of New York Title 34 Section 4-12(c). This city regulation explicitly bars vehicle occupants from opening doors on the side of moving traffic whenever doing so interferes with oncoming bicycles or vehicles. In addition, the rule mandates that drivers must yield to all moving street traffic before cracking open a door. These dual layers of protection apply across all boroughs. For example, whether you ride past double-parked vehicles along Queens Boulevard or commute through protected bike lanes in Midtown Manhattan, these traffic rules shield you. Local laws treat bicycles as legitimate moving traffic. Therefore, drivers cannot dismiss a rider by claiming they expected only full-sized automobiles. When commercial delivery vans or rideshare vehicles pull to the curb and discharge passengers haphazardly, they violate both state and city traffic mandates. Appellate Precedent and the Sole Proximate Cause Standard Insurance defense adjusters often attempt to blame the bicyclist to diminish settlement payouts. They may allege that the rider traveled too fast, failed to swerve, or rode too close to parked cars. However, New York appellate courts have repeatedly rejected these blame-shifting tactics in dooring crashes. Appellate courts have affirmed that violating NY VTL Section 1214 can constitute the sole proximate cause of a collision, as demonstrated by the Appellate Division, Second Department in Montesinos v. Cote in December 2007. In that ruling, the appellate court affirmed summary judgment on liability against the driver who swung open their door into traffic. Securing summary judgment on liability means the trial judge rules on fault before the case ever reaches a jury. As a result, the jury only decides the financial compensation owed for your pain, suffering, and financial losses. Eliminating liability defenses creates immense financial pressure on insurance companies. When an insurer faces a trial focused purely on graphic injuries and medical expenses without any defense on fault, their financial exposure rises rapidly. Therefore, skilled Brooklyn bicycle crash lawyers use this appellate precedent to command higher pre-trial settlements. Passenger Actions and Vicarious Vehicle Owner Liability Many devastating dooring accidents involve taxi, rideshare, or limousine passengers exiting onto busy roadways. Injured cyclists often worry about recovering damages when an uninsured or underinsured passenger opens the door. Fortunately, New York insurance law provides broad financial protections for injured victims. Under New York Vehicle and Traffic Law Section 388(1), vehicle owners face vicarious liability for crashes caused by passengers opening doors into traffic, as affirmed by the Appellate Division, Second Department in Cohn v. Nationwide Mutual Insurance Company in October 2001. This critical legal principle means the owner’s primary auto insurance policy must provide coverage for the passenger’s negligent act. For instance, if an Uber, Lyft, or yellow cab passenger throws open a door into a bike path, the commercial vehicle policy covers the resulting damages. These commercial policies frequently carry substantial bodily injury limits. Also, corporate entities and commercial fleet owners possess significant commercial umbrella coverage. Our Queens car accident attorneys routinely identify every applicable insurance policy to maximize financial recovery for injured clients. How Clear Liability Drives Higher Pre-Trial Settlement Offers Insurance companies evaluate personal injury claims using a basic mathematical assessment of risk. When liability is uncertain, adjusters aggressively discount settlement offers, betting that a jury might assign comparative negligence to the injured cyclist. However, uncontroverted statutory liability under NY VTL Section 1214 fundamentally alters that risk calculation. When the defense cannot escape liability, the claim value reflects the full extent of physical and emotional damages. Clear proof of liability coupled with severe orthopedic injuries elevates pre-trial valuations significantly. These real-world outcomes prove that firm statutory liability secures exceptional financial recoveries across every severity level. Common Injuries in NYC Bicycle Dooring Crashes Dooring crashes rarely cause minor scrapes because the human body absorbs massive kinetic energy upon impact. A cyclist traveling at moderate speed has virtually zero time to brake when a car door suddenly swings outward. Consequently, riders often experience a severe primary collision with the metal frame of the door, followed by a violent secondary impact with the asphalt. Many cyclists sustain serious orthopedic trauma, including broken clavicles, fractured wrists, and shattered pelvic bones. Plus, the secondary impact frequently produces catastrophic head and spinal injuries. Even while wearing certified helmets, cyclists suffer traumatic brain injuries, concussions, and severe facial lacerations. Herniated cervical and lumbar discs often compress spinal nerve roots, causing radiating pain and physical disability that requires epidural injections or spinal fusion surgery. Documenting these debilitating injuries through prompt diagnostic MRI scans and objective specialist evaluations ensures insurance companies compensate every physical and emotional injury thoroughly. Overcoming the Comparative Fault Defense in Bike Lane Collisions New York operates under a pure comparative negligence system under Civil Practice Law and Rules (CPLR) Article 14-A. Under this law, an insurance adjuster will routinely argue that you share partial blame for your injuries. They might argue you should have spotted the vehicle or steered away faster. Nevertheless, experienced NYC personal injury lawyers refute these bad-faith claims by pointing directly to physical roadway designs and driver duties. Under New York law, cyclists have preferential use of designated bike lanes, and motorists must yield when crossing or turning across them, but cyclists do not possess an absolute right of way merely by being in a bike lane. Also, human reaction times make evading a door that opens within a split second physically impossible. In dense traffic along avenues in Manhattan or Brooklyn, swerving out of a bike lane into moving automotive traffic poses fatal risks. Therefore, continuing straight remains the only instinctive response for many riders. Our attorneys use accident reconstruction specialists, frame-by-frame traffic camera video, and vehicle event data recorders to demonstrate that our clients had neither the warning nor the physical distance to avoid the impact. Essential Steps to Take Immediately Following a NYC Dooring Collision The actions you take immediately following a bicycle accident significantly influence your physical recovery and the financial outcome of your legal claim. First, call 911 immediately and demand that the police respond to the scene. NY VTL Section 1214 governs dooring violations, but there is no official requirement that NYPD officers must document the violation in any specific manner in police accident reports. Next, seek prompt emergency medical attention, even if adrenaline temporarily masks your pain. Certain traumatic injuries, such as internal bleeding or micro-concussions, require prompt medical diagnosis. In addition, preserve all perishable evidence before departing the scene or as soon as your physical condition stabilizes. Capture clear photographs and videos of the opened vehicle door, the resting position of your bicycle, any damaged equipment, and surrounding street signs. Secure contact information from any bystanders, shopkeepers, or delivery workers who witnessed the incident. Finally, retain your damaged bicycle, cracked helmet, and torn riding gear without repairing or altering them. Physical evidence serves as irrefutable proof against defense claims in a court of law. Pursuing Justice with a Trusted NYC Personal Injury Lawyer Recovering from a severe dooring collision requires substantial time, dedicated medical care, and strong financial support. While you focus on healing, insurance companies deploy teams of claims adjusters and defense lawyers to protect their corporate profits. You do not have to confront these deep-pocketed corporate insurers alone. As seasoned New York trial attorneys, our firm stands up for injured cyclists across Manhattan, Brooklyn, Queens, the Bronx, and Staten Island. We investigate the crash scene thoroughly, pull vital traffic camera footage, identify all applicable commercial insurance policies, and build an airtight case based on statutory negligence. If an opened vehicle door injured you or someone you love, contact our dedicated legal team today. Schedule a free, confidential case evaluation with an accomplished NYC personal injury lawyer to protect your rights, assert statutory liability, and recover the compensation you rightfully deserve. Sources FindLaw, New York Consolidated Laws, Vehicle and Traffic Law - VAT § 1214 Opening and closing vehicle doors This article was drafted with AI assistance. Please verify all claims and information for accuracy. The content is for informational purposes only and does not constitute professional advice. Free Case Consultation Injured in an accident? Speak directly with an experienced NYC personal injury attorney at Rosenberg, Minc, Falkoff & Wolff. Your consultation is free, confidential, and risk-free. Start Your Free Case Review No obligation - No upfront fees - You don't pay unless we win Follow RMFW Law for legal insights and case results: Facebook Instagram X Pinterest Yelp YouTube Gary Silverstein Gary Silverstein has been a partner of Rosenberg, Minc, Falkoff & Wolff since 2001, and an associate of the firm since 1989. Mr. Silverstein graduated with a Bachelor of Science degree from State University of New York College at Oneonta in 1983. Mr. Silverstein holds a degree of Juris Doctor from the University of Miami School of Law, having graduated in 1988.

NYC E-Bike Laws and Legal Liability Under 17 New City Bills

NYC E-Bike Laws and Legal Liability Under 17 New City Bills

Streets across New York City are experiencing a profound transformation in traffic flow and micromobility enforcement. As a top NYC personal injury lawyer, our firm represents everyday people injured in unexpected collisions throughout Manhattan, Brooklyn, Queens, the Bronx, and Staten Island. On August 4, 2026, New York City Council Speaker Julie Menin announced a sweeping legislative package of 17 bills targeting e-bikes, e-scooters, and illegal motorized devices, with a key public hearing scheduled for September 30, 2026, according to amNY and Streetsblog NYC reporting. Key Takeaways NYC Council Speaker Julie Menin introduced a 17-bill legislative package on August 4, 2026, targeting e-bike and e-scooter safety with a public hearing on September 30, 2026. Intro 244 proposes banning the sale and rental of Class 3 e-bikes. First violation carries $0 penalty; subsequent violations within 2 years carry up to $2,000. Intro 0091-2026 mandates functional speedometers on shared fleet e-bikes and caps motorized speed assistance at 10 mph for new riders. Proposed bills Intro 950 and Intro 110 establish licensing and safety requirements for delivery apps. Consequently, these proposed statutes dramatically shift how fault, negligence, and corporate liability operate after a crash. Understanding these municipal and state legislative proposals is vital if you walk, ride, or drive anywhere across the five boroughs. Understanding the Council Package of 17 Micromobility Bills The legislative bundle addresses a rising wave of micromobility crashes across New York City thoroughfares. According to City Council records and amNY coverage from August 4, 2026, the City Council designed these 17 bills to rein in unlawful high-speed devices and establish strict accountability for commercial delivery operations. Also, the legislation seeks to close existing regulatory gaps between traditional bicycles and heavier motorized equipment. When high-speed devices collide with vulnerable pedestrians, catastrophic injuries occur. Therefore, lawmakers are crafting statutory standards that define exactly what vehicles are legal on city roads. In addition, these bills clarify driver obligations, equipment requirements, and commercial platform responsibilities. If you suffer injuries in an e-bike crash, these evolving legal benchmarks will directly influence your insurance claims and civil lawsuits. Intro 244 and the Proposed Ban on Class 3 E-Bikes One of the most consequential proposals in the package is Intro 244, sponsored by Council Member Crystal Hudson. According to official New York City Council legislative records for Intro 0244-2026, this bill proposes a direct ban on the sale and rental of Class 3 electric bicycles. The bill references state law definition of Class 3 e-bikes but does not itself specify 25 mph. Streetsblog NYC reported on August 6, 2026, that Intro 244 aims to narrow the definition of authorized micromobility devices under local law to lower overall street speeds. Under the text of Intro 0244-2026, retailers or rental companies violating this restriction face civil penalties, with a first violation carrying no monetary penalty and subsequent violations within 2 years carrying up to $2,000. From a personal injury perspective, selling or leasing a prohibited device creates strong grounds for negligence. For instance, if an unauthorized throttle bike strikes a pedestrian in a crosswalk, the injured victim may hold both the reckless rider and the commercial vendor accountable in civil court. Speedometer Mandates and Speed Limiting for Shared Fleets Under Intro 0091-2026 Shared micromobility systems such as app-based rental bikes represent a major share of daily street travel. According to New York City Council File Intro 0091-2026, sponsored by Council Member Gale Brewer, the Council proposes technical mandates for all shared electric bicycles and scooters. Specifically, Intro 0091-2026 requires shared devices to feature functional speedometers. In addition, the bill mandates a 10 mph electric assistance limit for new riders. As a result, fleet operators must enforce technical safeguards before unlocking higher speeds. If a shared fleet operator fails to program these speed limiters and a new rider strikes an individual in Brooklyn or Queens, that technical failure can demonstrate direct corporate negligence. Expanding Commercial Liability for App Platforms Under Intro 950 and Intro 110 For years, injured pedestrians struggled to hold multibillion-dollar food delivery apps accountable when contracted couriers caused severe crashes. The new legislative push actively bridges this gap through Intro 950, sponsored by Council Member Lynn Schulman, and Intro 110, sponsored by Council Member Selvena Brooks-Powers, as reported by CBS News and Streetsblog NYC in August 2026. These proposals require third-party delivery apps to secure licensing from the Department of Consumer and Worker Protection (DCWP). Also, the bills require delivery companies to maintain driver safety records and verify that all courier fleet devices comply fully with local safety laws. Consequently, this framework establishes corporate negligence standards. If a delivery company pushes aggressive delivery windows while permitting unregistered, illegal e-motos in its network, the platform itself faces direct legal liability for resulting injuries. Elevated Penalties for Leaving the Scene Under Resolution 231 Hit-and-run crashes involving micromobility devices have left far too many injured New Yorkers without direct recourse. In response, the City Council introduced Resolution 231 to back state-level statutory reforms, specifically New York State Senate Bill S.561 and Assembly Bill A.1679, according to an August 2026 legislative memorandum from Council Member Gale Brewer. This measure significantly increases criminal penalties and civil liability exposure for micromobility riders who leave the scene of an accident. Historically, strict leaving-the-scene statutes applied predominantly to traditional motor vehicles under the New York Vehicle and Traffic Law. Plus, Resolution 231 seeks parity between e-bike operators and motor vehicle drivers. When a rider flees an injured pedestrian, that unlawful act creates severe punitive consequences and strengthens civil claims for gross negligence. State Licensing and DMV Registration Under Priscilla’s Law Identification remains a major hurdle when resolving pedestrian injury claims involving commercial riders. As reported by Chelsea News NY on August 17, 2026, the City Council package formally supports the Commercial E-Bike Licensing Act (S.7587/A.7833). Priscilla’s Law proposes mandatory Department of Motor Vehicles (DMV) registration and visible license plates on all e-bikes and e-scooters operating in large cities. Consequently, visible license plates eliminate courier anonymity. Pedestrians, cyclists, and witnesses can readily identify the specific device involved in a crash, allowing our Queens car accident attorneys and personal injury team to swiftly secure crucial evidence. Illegal E-Motos and Statutory Negligence Under NYS VTL 121-b Many devices on city streets are not lawful e-bikes at all. Under existing baseline regulations analyzed during the Council review, devices that exceed certain speed thresholds are classified as limited use motorcycles under New York State Vehicle and Traffic Law Section 121-b. According to legal analyses published by Ebike Oracle in July 2026, operating these devices without a valid driver license, DMV registration, and liability insurance violates state law. In New York personal injury law, violating an enacted safety statute constitutes negligence per se. When an operator unlawfully rides an unregistered, uninsurable moped on pedestrian walkways or bike lanes, that statutory violation establishes immediate legal fault for resulting damages. Comparative Fault and Pedestrian Rights on NYC Streets New York follows a pure comparative negligence doctrine under Civil Practice Law and Rules Section 1411. This means an injured person can recover damages even if they share partial responsibility for a collision. However, insurance adjusters often attempt to shift blame onto injured pedestrians or regular cyclists. They may argue the pedestrian stepped outside a crosswalk or failed to notice an oncoming electric bike traveling silently at high speed. Our experienced legal team counters these defense arguments with traffic camera footage, commercial app dispatch data, and witness statements. Demonstrating the operator exceeded speed caps or violated city equipment mandates protects your right to full financial recovery. Crucial Next Steps After an E-Bike or Micromobility Accident If you or a loved one sustains injuries in an e-bike crash across New York City, swift and decisive action is critical. The steps you take immediately following a collision directly protect your physical health and your legal rights. Call 911 Immediately: Request police and emergency medical services so officers can draft an official NYPD collision report. Document the Scene: Capture detailed photographs of all vehicles, damage, street conditions, license plates, delivery company branding, and visible injuries. Identify Witnesses: Collect full names, phone numbers, and contact details from bystanders and nearby business employees. Seek Prompt Medical Care: Visit an emergency room or urgent care center right away, as traumatic brain injuries and internal trauma often worsen over time. Consult a Dedicated Personal Injury Attorney: Speak with a qualified NYC personal injury lawyer before talking to insurance adjusters or accepting quick settlement offers. As these 17 City Council bills progress through public hearings, New York City traffic laws will continue to strengthen protections for accident victims. Our firm remains dedicated to guiding injured clients through complex insurance disputes, holding negligent operators accountable, and securing the comprehensive compensation you deserve. This article was drafted with AI assistance. Please verify all claims and information for accuracy. The content is for informational purposes only and does not constitute professional advice. Free Case Consultation Injured in an accident? Speak directly with an experienced NYC personal injury attorney at Rosenberg, Minc, Falkoff & Wolff. Your consultation is free, confidential, and risk-free. Start Your Free Case Review No obligation - No upfront fees - You don't pay unless we win Follow RMFW Law for legal insights and case results: Facebook Instagram X Pinterest Yelp YouTube Gary Silverstein Gary Silverstein has been a partner of Rosenberg, Minc, Falkoff & Wolff since 2001, and an associate of the firm since 1989. Mr. Silverstein graduated with a Bachelor of Science degree from State University of New York College at Oneonta in 1983. Mr. Silverstein holds a degree of Juris Doctor from the University of Miami School of Law, having graduated in 1988.

E-Bike & E-Scooter Child Accidents

NYC E-Bike & E-Scooter Child Accidents: Liability Laws Explained

New York City’s bustling streets have seen a dramatic rise in electric bicycle s and scooters, offering convenient travel for many. However, this surge in micromobility devices also brings a concerning increase in accident s, particularly involving children. As a trusted NYC personal injury lawyer, our firm has witnessed firsthand the complexities and devastating consequences when a child is injured in an e-bike or e-scooter incident. Understanding the legal landscape is crucial for affected families seeking justice and compensation. Key Takeaways Pediatric e-scooter injuries in NYC have seen a significant increase between 2020 and 2022, according to some studies. New York State law generally requires e-bike and e-scooter operators to be at least 16 years old, with the American Academy of Pediatrics recommending against e-scooter use for those under 16. Proposed "Priscilla's Law" aims to require certain accountability measures for e-bikes and e-scooters in NYC. Liability for child e-bike and e-scooter accidents can extend to parents, negligent drivers, rental companies, manufacturers, or even city agencies, depending on the circumstances. The Alarming Rise in Child E-Bike and E-Scooter Injuries The numbers reveal a serious trend regarding child e-bike and e-scooter accidents in NYC. Pediatric e-scooter injuries in New York City, for instance, have seen a significant increase between 2020 and 2022, according to some studies. This significant increase highlights the urgent need for heightened awareness and robust legal action. A comprehensive five-year study conducted by NYU Langone Health at NYC Health + Hospitals/Bellevue further illustrates the severity of this issue. Micromobility injuries, encompassing both electric and pedal-powered devices, accounted for a notable percentage of trauma patients admitted to the hospital. This share dramatically increased over several years. These accidents often result in severe and life-altering injuries for children. Public health research indicates that a significant portion of patients suffered traumatic brain injury. Also, pedestrians struck by electric vehicles experienced brain injuries at nearly double the rate of the riders themselves. This data underscores the profound risks these devices pose to all road users, especially vulnerable children. Beyond Manhattan, hospitals across the region report similar trends. One regional children's hospital, for example, reported a substantial increase in trauma admissions related to e-bikes and e-scooters over a two-year period. These admissions include cases ranging from minor injuries to severe head and brain trauma, and even fatalities. Such statistics demand a clear understanding of the legal avenues available to protect injured children and their families. Understanding New York's E-Device Regulations New York State law has specific regulations governing the operation of e-bikes and e-scooters, particularly concerning age. Generally, operators of e-bikes and e-scooters must be at least 16 years old. This age restriction is critical, yet many younger children are still found operating these devices on public streets, often leading to dangerous situations. The American Academy of Pediatrics strongly recommends that children under the age of 16 should not use e-scooters. This recommendation aligns with the state's legal requirements, emphasizing the developmental and safety considerations for young riders. Despite these guidelines, enforcement can be challenging, leaving many families vulnerable. Helmet use is another vital aspect of e-device safety. In New York City, helmets are required for 16- and 17-year-olds operating an e-scooter, and for all operators of a Class 3 e-bike regardless of age. While helmets are not legally required for all adult riders of Class 1 and 2 e-bikes or e-scooters, they are always recommended as a critical safety measure. Wearing a properly fitted helmet can significantly reduce the risk of head injury in an accident. Further regulations dictate where these devices can be operated. In New York City, e-bikes and e-scooters are permitted in bike lanes and on streets with a posted speed limit of 30 miles per hour or less. However, riding on sidewalks is generally prohibited throughout New York City, with exceptions for children 12 or younger on bikes with wheels under 26 inches and where signs permit it. E-scooters also have a maximum speed limit of 15 mph in NYC. All riders must obey standard traffic laws, including stopping at red lights and stop signs, yielding the right-of-way, and using hand signals when turning. Violating these rules can directly impact liability in an accident. "Priscilla's Law" and the Push for Accountability The tragic death of Priscilla Loke in 2023, struck by an e-bike rider who fled the scene in Chinatown, galvanized a movement for stronger regulations. In response, "Priscilla's Law" has been proposed in the New York State Senate (S2599A) and Assembly (A339A). This critical legislation aims to enhance accountability for e-bike and e-scooter operators. The legislation would require license plates and DMV registration but does not include mandatory insurance. The primary goal of this law is to resolve the significant problem of identifying riders who cause accidents and then flee, leaving victims without recourse. Also, Priscilla's Law seeks to ensure that victims of e-bike and e-scooter crashes have financial protection. By improving rider identification, the bill aims to provide a clearer path for injured parties to seek compensation. It would also empower law enforcement to issue fines and impound non-compliant vehicles, strengthening enforcement efforts. This proposed law represents a significant step toward creating a safer environment for everyone on New York City streets. Determining Liability in Child E-Bike and E-Scooter Accidents When a child is injured in an e-bike or e-scooter accident in New York City, determining who is at fault can be complex. Multiple parties may share responsibility, and a thorough investigation is essential to identify all liable entities. Our Bronx personal injury lawyers meticulously examine every detail to build a strong case for our clients. Parental Responsibility Parents may face liability if their negligence contributed to a child's accident. For example, if parents knowingly allow a child under the legal age of 16 to operate an e-bike or e-scooter on public streets, they could be held responsible for any resulting injuries or damages. This falls under the legal principle of parental negligence, which holds parents accountable for failing to adequately supervise their children or prevent them from engaging in dangerous activities. Allowing a child to ride an e-bike illegally on busy Brooklyn streets could constitute such negligence. Negligent Drivers or Other Riders Many accidents involve collisions between e-devices and other vehicles. If a motorist strikes a child on an e-bike or e-scooter, the driver of the car or truck may be liable. Drivers owe a duty of care to all road users, including children, and failing to observe traffic laws or driving while distracted can lead to severe consequences. Similarly, if another e-bike or e-scooter rider operates their device recklessly and causes an accident, they can be held responsible for the child's injuries. Rental Company and Manufacturer Liability In some cases, the e-bike or e-scooter itself may be a contributing factor to the accident. If a faulty braking system, a manufacturing defect, or a design flaw causes an injury, the manufacturer could be held liable under product liability law. Pursuing such a claim requires expert investigation into the device's design and production. Our Queens car accident attorneys have the resources to handle these complex product liability claims. For devices rented from companies like Lime or Citi Bike, the rental company could also bear responsibility. While user agreements often attempt to shift liability to the rider, companies can be held accountable for negligent maintenance or mechanical failures that lead to accidents. In New York City, shared e-scooter riders are required to be 16 or older, with mandatory helmets for 16-17 year olds. Governmental Entity Liability Sometimes, hazardous road conditions contribute to accidents. A government agency responsible for maintaining safe roadways and bike lanes could share responsibility if, for example, a poorly designed bike lane or a significant pothole caused the child's accident. Identifying such factors requires a thorough investigation of the accident scene and local infrastructure. Seeking Full and Fair Compensation for Your Child's Injuries When a child suffers injuries in an e-bike or e-scooter accident, the path to recovery can be long and challenging. Families often face significant medical bills, ongoing therapy, and emotional distress. New York's comparative negligence laws mean that multiple parties may share responsibility for an accident, and compensation is awarded based on each party's degree of fault. Our experienced attorneys work tirelessly to ensure that all responsible parties are identified and held accountable. Compensation in these cases can cover a range of damages. This includes emergency medical expenses, future medical treatments, and long-term physical therapy. Additionally, families may seek recovery for the child's pain and suffering, as well as the loss of enjoyment of life. If a parent loses wages due to caring for an injured child, those lost earnings may also be recoverable. Property damage, such as a damaged e-bike or e-scooter, can also be included in a claim. Navigating these legal complexities requires the guidance of a knowledgeable personal injury attorney in New York City. Our firm is dedicated to providing compassionate and authoritative legal representation for accident victims. We understand the unique challenges involved in child injury cases and are committed to fighting for the maximum compensation your family deserves. Do not hesitate to seek legal counsel if your child has been injured; securing experienced representation is the crucial first step toward protecting their future. Sources NYC.gov — Bicycle and Scooter Safety Related Reading Bronx Building Collapse Liability and Tenant Rights Explained Understanding Uber Lyft Accident Coverage in New York Long Term Traumatic Brain Injury Impacts in NYC Frequently Asked Questions What is the legal age to ride an e-bike or e-scooter in New York City? New York State law generally mandates that operators of e-bikes and e-scooters must be at least 16 years old. The American Academy of Pediatrics also recommends that children under 16 should not use e-scooters due to safety concerns. What is Priscilla's Law and how would it impact e-bike accidents in NYC? Priscilla's Law is proposed legislation in New York that would require e-bikes and e-scooters in NYC to have license plates and DMV registration. This law aims to increase accountability for riders and ensure victims of hit-and-run accidents have a way to identify at-fault parties and seek compensation. Can parents be held responsible if their child causes an e-bike accident? Yes, parents can be held liable if they negligently allow their child, especially if under the age of 16, to operate an e-bike or e-scooter on public streets, contributing to an accident. This falls under parental negligence doctrines, which consider a parent's duty to supervise their children. What types of compensation are available for child e-bike or e-scooter injuries? Compensation for child e-bike or e-scooter injuries can cover emergency medical expenses, long-term physical therapy, lost wages for parents, property damage, and the child's pain and suffering. An experienced attorney can help identify all potential damages and pursue full compensation. This article was drafted with AI assistance. Please verify all claims and information for accuracy. The content is for informational purposes only and does not constitute professional advice. Free Case Consultation Injured in an accident? Speak directly with an experienced NYC personal injury attorney at Rosenberg, Minc, Falkoff & Wolff. Your consultation is free, confidential, and risk-free. Start Your Free Case Review No obligation - No upfront fees - You don't pay unless we win Follow RMFW Law for legal insights and case results: Facebook Instagram X Pinterest Yelp YouTube Gary Silverstein Gary Silverstein has been a partner of Rosenberg, Minc, Falkoff & Wolff since 2001, and an associate of the firm since 1989. Mr. Silverstein graduated with a Bachelor of Science degree from State University of New York College at Oneonta in 1983. Mr. Silverstein holds a degree of Juris Doctor from the University of Miami School of Law, having graduated in 1988.

Understanding NYC E-Scooter Liability After a Collision

Understanding NYC E-Scooter Liability After a Collision

Ever feel like New York City streets are buzzing more than ever? It's not just your imagination; the explosion of e-scooters and e-bikes has transformed our daily commutes and deliveries. While these nimble machines offer undeniable convenience and efficiency, they've also brought a sharp rise in accidents, creating a complex and often perilous landscape for riders, pedestrians, and motorists alike. We're talking about more than just fender benders; serious injuries are becoming alarmingly common. So, how do you navigate this evolving legal maze when an accident inevitably happens? The Rise of E-Mobility in NYC: A Double-Edged Sword The scene is familiar: a delivery rider zipping past, a commuter effortlessly gliding through traffic, or tourists exploring on rented scooters. E-mobility has truly taken hold here in New York, offering a fast, eco-friendly way to get around our bustling city. The convenience is undeniable, particularly for the essential services that keep NYC running. But here's the thing: with great accessibility often comes new risks, and the data paints a stark picture. According to the New York City Department of Transportation (DOT), incidents involving e-bikes and e-scooters have seen a significant uptick. While exact numbers can fluctuate, the trend is clear: more devices mean more interactions, and unfortunately, more collisions. This isn't just about statistics; it's about real people facing real injuries and the profound questions of who's responsible when things go wrong. Understanding the Accident Surge: What's Happening on NYC Streets? Why are we seeing this surge in accidents? It's a confluence of factors, really. Many e-bikes and e-scooters can reach impressive speeds, sometimes exceeding 20 mph, which can be challenging to control in dense urban environments. Infrastructure often hasn't caught up, leaving riders to contend with potholes, uneven surfaces, and a lack of dedicated lanes. Then there's the human element: inexperienced riders, distracted pedestrians (we've all been guilty of looking at our phones while walking, haven't we?), and drivers who simply aren't accustomed to the rapid movements of these smaller vehicles. We're seeing everything from "dooring" incidents (where a car door opens into an unsuspecting rider) to collisions at intersections and even bikes mounting sidewalks. It's a chaotic mix, and frankly, it leaves many feeling frustrated and vulnerable, whether they're on two wheels or two feet. Navigating Liability: Who's Responsible When Accidents Happen? When an accident occurs involving an e-scooter or e-bike, the question of liability isn't always straightforward. New York operates under a "pure comparative negligence" system. What does that mean for you? Essentially, if you're found partially at fault for an accident, your ability to recover damages isn't entirely barred; instead, your compensation would be reduced by your percentage of fault. For example, if you sustained $100,000 in damages but were deemed 20% responsible, you could still recover $80,000. This system is designed to be fair, but it also means that establishing fault requires meticulous investigation. 2026 update: If your claim is against a motor vehicle (for example, an e-scooter or e-bike rider struck by a car), CPLR § 1411(b) (effective May 27, 2026) now bars recovery when your share of fault is greater than the driver’s. For accidents that do not involve a motor vehicle, New York’s pure comparative negligence rule still applies. Consider these common scenarios: E-Scooter Rider vs. Pedestrian: If a rider injures a pedestrian, the rider's personal liability insurance (if they have it, which is often a big "if") or even homeowner's/renter's insurance might come into play. However, if the pedestrian darted out suddenly, their own comparative negligence could reduce their claim. E-Bike Rider vs. Car: This is often the most complex. A driver's auto insurance policy will typically cover damages if the driver is at fault. But what if the e-bike rider ran a red light? Then it becomes a battle of percentages, and personal injury protection (PIP) benefits from the car's policy might still apply to the rider's medical expenses, regardless of fault, under New York's no-fault law – a critical detail many don't realize. Rental E-Scooter Incidents: What about those shared e-scooters you rent via an app? Liability can get murky here. The rental company's terms of service often try to shift all responsibility to the rider, but depending on the specific circumstances – like a poorly maintained scooter or a defect – the company itself might bear some blame. It's a legal gray area that's still being defined in courtrooms. The truth is, determining who's at fault requires an in-depth look at traffic laws, right-of-way, driver/rider conduct, and sometimes even vehicle maintenance records. It's incredibly challenging to navigate these waters alone, especially when you're recovering from an injury. Insurance Realities for E-Bikes and E-Scooters You might be thinking, "Does my regular insurance cover this?" And that's a really good question, because the answer often depends. Unlike traditional motorcycles, e-bikes and e-scooters generally aren't considered "motor vehicles" in the same way, which can leave a frustrating gap in coverage. Your standard auto insurance usually won't cover your e-bike if you're riding it, unless it's explicitly added or meets very specific criteria. Sometimes, a homeowner's or renter's policy might offer limited liability coverage if you're found at fault for injuring someone, but it rarely covers damage to your own device or your medical bills. This lack of clear, consistent coverage is a major concern for many riders and can leave victims of accidents with substantial out-of-pocket expenses. It's definitely something to look into before you need it. Priscilla's Law and Beyond: Proposed Regulations Shaping the Future Recognizing the growing safety concerns, New York City and State lawmakers are actively working to adapt the legal framework. One significant example, often discussed in the context of improving safety for pedestrians and other road users, is "Priscilla's Law." While the specifics of such legislation can evolve rapidly (and it's always wise to check current legal statuses), a proposed law like Priscilla's often aims to address critical gaps. Typically, it might propose stricter regulations on e-bike and e-scooter operation, such as mandatory speed governors for certain models, improved lighting requirements, or even new licensing or registration processes. The intent is clear: to enhance accountability and reduce the risk of serious injury. For instance, such a law could: Mandate Safety Features: Requiring certain reflective gear, brighter lights, or audible warnings could make riders more visible and prevent nighttime collisions. Implement Speed Restrictions: Capping speeds in certain zones, particularly in high-pedestrian areas, could significantly reduce the severity of impacts. Clarify Parking and Operation Zones: Designating clear areas for e-scooter and e-bike use and parking could reduce sidewalk clutter and pedestrian hazards. These proposed regulations, like Priscilla's Law, aren't just about penalizing riders; they're about creating a safer environment for everyone sharing our crowded streets. They reflect a growing understanding that our existing traffic laws, designed for cars and traditional bicycles, don't always fit the unique challenges posed by e-mobility. It's a complex balancing act, ensuring convenience isn't sacrificed for safety. What You Can Do: Protecting Yourself on NYC Streets Given this dynamic environment, what steps can you take to protect yourself? For Riders: Always wear a helmet (it's the law for many e-bikes and e-scooters, depending on speed and classification!), obey traffic signals, and be predictable. Assume drivers and pedestrians don't see you. Defensive riding isn't just a suggestion; it's a necessity. Consider personal liability insurance specifically designed for e-vehicles, as your homeowner's policy might not be enough. For Pedestrians: Stay alert. Avoid distractions. While you have the right-of-way in many situations, vigilance is your best defense. If you're involved in an incident, document everything: take photos, get contact information, and seek medical attention immediately, even if you feel fine. After an Accident: Regardless of whether you're a rider, pedestrian, or driver, if an accident involves an e-bike or e-scooter, it's crucial to gather evidence. Exchange information, get witness statements, and call the police if there are injuries or significant property damage. Most importantly, don't admit fault. The evolving legal landscape surrounding e-scooter and e-bike accidents in New York City is undeniably complex, and it can feel incredibly overwhelming, especially when you're facing recovery from an injury. From determining fault under comparative negligence to navigating inadequate insurance coverages and understanding new regulations like Priscilla's Law, there are many layers to peel back. You don't have to face these challenges alone. Understanding your rights and the nuances of these laws is paramount to protecting your well-being and securing fair compensation. If you or someone you know has been involved in an e-mobility accident, seeking professional legal counsel isn't just a good idea; it's often the most critical step you can take to ensure your interests are fully protected. Don't let the legal complexities prevent you from pursuing the justice you deserve. Free Case Consultation Injured in an accident? Contact Rosenberg, Minc, Falkoff & Wolff for a free and confidential case review with an experienced NYC personal injury attorney. Contact Us Follow RMFW Law for legal insights and case results: Facebook Instagram X (Twitter) Pinterest Yelp YouTube Robert Wolff Robert H. Wolff is a member and partner of the prestigious New York City Personal Injury Law Firm of Rosenberg Minc, Falkoff, & Wolff, LLP. Mr. Wolff graduated from SUNY Albany, cum laude, in 1978 with a B.A. in Psychology and American History. Thereafter, he attended St. John’s University School of Law, where he was a member of the Moot Court Team and the Criminal Law Society, graduating in 1981 with a Juris Doctor’s degree.

What Happens When A Bicycle Hits A Person?

What Happens When A Bicycle Hits A Person?

Pedestrian accidents in New York don’t always involve motor vehicles. They can also occur because of a negligent cyclist crashing into a pedestrian. Suing a bicyclist for financial compensation can be more complicated than filing a personal injury lawsuit in a motor vehicle collision. Unfortunately, many bicyclists in New York City flout the rules of the road. Every year a large number of pedestrians report injuries after they were hit by a bicycle. Pedestrians are also required to follow the rules of the road, which will mean you need a diligent New York pedestrian accident attorney to successfully pursue a claim for damages. Pedestrian accidents in New York don’t always involve motor vehicles. They can also occur because of a negligent cyclist crashing into a pedestrian. Suing a bicyclist for financial compensation can be more complicated than filing a personal injury lawsuit in a motor vehicle collision. Unfortunately, many bicyclists in New York City flout the rules of the road. Every year a large number of pedestrians report injuries after they were hit by a bicycle. Pedestrians are also required to follow the rules of the road, which will mean you need a diligent New York pedestrian accident attorney to successfully pursue a claim for damages. A Bike Rider’s Responsibilities in New York Bicycles are treated the same as motor vehicles under New York law. This is why cyclists are required to follow the same rules and responsibilities as vehicles. Bike riders are required to: Use the designated bike lane while riding on the road. They are not supposed to use the sidewalk or the crosswalk. Cyclists are required by law to use hand signals while stopping or turning They should stop at stop signs and red lights Bicyclists need to obey all traffic signals Cyclists are required to yield the right of way to pedestrians as well Bicyclists are responsible for the traffic accidents and subsequent injuries they cause Steps to Take Following Pedestrian Bicycle Accident Pedestrians can report their accident to the emergency services and police because cycles are treated the same way as cars legally. You should get emergency medical treatment if you were injured seriously when you got hit by a cyclist. You should not hesitate in calling 911 if you were hit by a cyclist and suffered severe injuries. You should try to get the cyclist’s contact information. Ask witnesses for their name and phone number as well. The bicycle rider may ultimately be held legally responsible for the injuries caused. You may need to take them to court. In any case, you should stay in touch with them. You will need to know their name, address, and phone number. This will be required by your attorneys as well to get in touch with the cyclist. Witnesses are useful since they can testify in court. You can negotiate better with the insurance companies when you know you have other people corroborating the same turn of events. Police can gather this information for you if you were knocked unconscious or are incapacitated due to the accident. You should know that cyclists don’t necessarily have insurance for covering accidents, unlike car drivers. In relation to this, the cyclist could be working for someone when the accident occurred. For instance, you may be hit by a bicycle courier, delivery person, or a cyclist riding as part of their job. You can sue the employer in such instances. You need to obtain the contact information for the employer, whether it is a parcel delivery service, food delivery service, or restaurant. Make sure you seek medical treatment for all your injuries, even if they don’t appear that serious. It is important to maintain a record of your injuries and medical care to prove their severity and how your recovery progressed. It also helps in proving how much the injuries cost you monetarily. You should consider maintaining notes of your injuries, treatment, recovery and pain. Assigning Fault in a New York Bicycle Injury Lawsuit Everybody owes each other a duty of care while on the road. This includes both pedestrians and cyclists. New York is a no-fault state. Furthermore, you should still have enough evidence for suing the cyclist if they don’t have no-fault coverage. New York is also a comparative negligence state, in which more than one entity can be held liable for contributing to a collision. If a cyclist caused an accident in which they were riding recklessly, they will be held as at-fault. Likewise, if the pedestrian caused an accident because of jaywalking, they will not be able to receive full compensation for covering the damages. You should consult with an experienced personal injury attorney before you take any concrete steps. A skilled attorney will be able to help identify all responsible parties and place blame where deserved. Bicyclists are required to stop and yield the right-of-way to pedestrians as per New York City traffic laws. This is especially important for crosswalks. They are required to obey all traffic lights and signs. Cyclists must use bike lanes wherever available. Most cyclist/pedestrian collisions take place in city parks. Hundreds of miles of cycling lanes were added to these parks in recent years. Unfortunately, many cyclists choose not to use the lanes. They also go faster as compared to city streets, making the collision results even more catastrophic. Assigning fault following a bike crash is more complex as compared to a car crash. Insurance companies generally compare the parties’ duty of care for assigning fault. As per the duty of care doctrine, you are responsible if you indulged in acts and activities that potentially harmed another person. Pedestrians and cyclists are both required to exercise proper safety precautions for preventing the crashes. Accidents usually occur when someone violates their duty of care. Suing Cyclists in New York as an Injured Pedestrian Your only chance at recovering compensation for injuries may be to sue the bicyclist in court since insurance carriers don’t typically cover cyclists. Personal injury lawsuits can help you recover compensation. These are filed when another person is liable for the injuries caused to the victim because of negligence. Negligence can be described as the failure to use proper skill or care when performing a task. Negligence is a legal theory while filing a lawsuit. It allows the victim to recover compensation for the injuries and damages suffered. You would need to prove the following to establish negligence: Duty of care was owed by the cyclist. For instance, the cyclist owed a duty of care to follow the road rules and drive with proper skill and care. The duty of care was breached by the cyclist. For instance, they may be riding recklessly, in violation of traffic laws, or too fast for safety. The breach resulted in injuries. The injuries suffered by you can be compensated through financial compensation. There is no denying the fact that cyclists crashing into pedestrians is not as common as vehicular accidents. With that said, witnesses and police rarely ever consider these collisions as serious as car crashes. Courts tend to take all matters of injuries seriously. This is particularly true in the case of severe injuries, such as spinal cord injuries or traumatic brain injuries. You should consider speaking with a proven personal injury attorney in New York to discuss your case and identify whether you have a potential suit. Common Pedestrian Injuries in a Crash with a Bicycle Cyclists may not go as fast as cars, but they can cause serious damage if they crash into a pedestrian. Accidents and injuries can take several forms, especially if the rider was going at unsafe speeds. These are a few common types of injuries from pedestrian/cyclist crashes: Fractures in all body parts Severe bruising Concussions Internal and external bleeding Head injuries Spinal damage Broken collar bone Everyone has a duty to keep their fellow roadway users safe. It is the responsibility of both pedestrians and cyclists to remain aware of their surroundings and behave in a safe manner. It’s fundamental that the injured discuss their lawsuit with a practiced pedestrian attorney when involved in a crash. Recoverable Damages after Your Pedestrian Accident with Bicyclist in New York City These are a few types of compensation or damages that can be recovered following a pedestrian accident: Rehabilitation costs Medical expenses (present and future) Loss of earning capacity Future lost income Pain and suffering Family members of a pedestrian that died because of the injuries can file a wrongful death lawsuit as well. However, the statute of limitations is two years from the date of death. What to do if the Bicyclist Doesn’t Have Bike Insurance? Insurance is not mandatory for bicyclists as it is for cars, buses and motorcycles. Many victims think they cannot recover damages if the cyclist doesn’t have insurance. Correlating with this, you can always claim from an umbrella or home insurance. You can file a lawsuit against the cyclist to claim compensation through wage garnishment as well. If the cyclist hit you while riding for their employer, you can claim compensation from the employer. This can be a food delivery service, parcel delivery service, or any other service. There is not much you can do if the cyclist hits you and flees the accident scene. You should speak with an experienced pedestrian accident attorney if this happens with you. The attorney may have a team of investigators for locating eyewitnesses and the perpetrator. They would be able to seek insurance information for helping the victim obtain the compensation they deserve. Contact a Pedestrian Accident Lawyer in New York City Today You should consult with a skilled and experienced personal injury attorney at Rosenberg, Minc, Falkoff & Wolff, LLP if you or a loved one was seriously injured in a pedestrian accident because of a reckless or negligent cyclist. We can discuss your best legal options after reviewing your claim during a free initial consultation. To schedule your free and confidential consultation with our dedicated attorneys, give us a call at 212-344-1000. Robert Wolff Robert H. Wolff is a member and partner of the prestigious New York City Personal Injury Law Firm of Rosenberg Minc, Falkoff, & Wolff, LLP. Mr. Wolff graduated from SUNY Albany, cum laude, in 1978 with a B.A. in Psychology and American History. Thereafter, he attended St. John’s University School of Law, where he was a member of the Moot Court Team and the Criminal Law Society, graduating in 1981 with a Juris Doctor’s degree.

Can You Claim For a Bicycle Accident in New York?

Can You Claim For a Bicycle Accident in New York?

Bicycling to and from work is becoming an environmentally friendly and common alternative to carpooling or driving a vehicle. Students use bicycles as well for getting to school or around their neighborhood. Unfortunately, bicyclists are at a high risk of personal injury because of a lack of protection. In 2017, nearly 800 cyclists suffered fatalities as per data revealed by the National Highway Traffic Safety Administration (NHTSA). Bicycling to and from work is becoming an environmentally friendly and common alternative to carpooling or driving a vehicle. Students use bicycles as well for getting to school or around their neighborhood. Unfortunately, bicyclists are at a high risk of personal injury because of a lack of protection. In 2017, nearly 800 cyclists suffered fatalities as per data revealed by the National Highway Traffic Safety Administration (NHTSA). The number will likely increase in the coming years as more people adopt cycling as an alternative mode of transportation. Cyclists should be aware of the risks they face when biking for pleasure or work. They should also be aware of their legal rights if those risks become a reality. Consulting a competent bicycle accident attorney in New York City can help you understand the various ways you can receive adequate compensation for your personal injuries. Right to Sue for Personal Injuries After Bicycle Accidents in New York New York has passed the no-fault law that limits the right to sue following an auto accident. However, the law makes PIP benefits available to the insured regardless of negligence or fault. These laws typically prevent suing for noneconomic losses unless certain criteria and thresholds are met. Exceptions include cases involving serious injuries. Generally, serious injuries include compound fractures, significant disfigurement, full disability for a minimum of 90 days, and permanent or significant limitation of organs and bodily functions. These injuries generally carry noneconomic losses that are not covered under PIP benefits. Based on this, compensation for these can be claimed. You may have the right to sue in general if you don’t have an auto insurance policy that covers your injuries. Without auto insurance you cannot cover your medical expenses. You would need to seek compensation from the negligent parties and their insurance company. PIP benefits of the liable party will be used for paying for your damages and losses in this case. No-fault insurance is not applicable in cases where a neglected or damaged roadway, or a defective cycle caused the injuries. You would need to pursue a lawsuit against the township, city, or municipality that neglected to maintain the road, or the designer or manufacturer of the defective bicycle. In such claims, the cyclist is responsible for proving their injuries are a direct result of negligence on part of the at-fault party. An injured cyclist is eligible to recover both economic and noneconomic damages. It is not easy to pursue a case against the municipality, township or city. For starters, you only get 90 days from the injury date to initiate the claim. These claims require investigative work in the form of obtaining video evidence, determining the duration and extent of hazardous road conditions, and identifying if any other similar accident took place because of it. In a similar manner, there is tremendous leg-work in pursuing a product liability lawsuit as well. Pre-litigation investigation will include consulting with design experts and engineers for testifying to the negligence involved in manufacturing, designing, or assembling the parts. Determining Fault in a Bicycle Accident in New York City New York court system follows a pure comparative fault model for determining compensation and judging liability under NY CPLR § 1411. This means that a judge will analyze the actions of the defendant and plaintiff for determining proportional liability. The plaintiff’s compensation will be reduced by the proportion of liability for the accident. You may be eligible to receive 1% of the compensation amount to cover economic and noneconomic losses even if you are found to be 99% at fault. The court will consider the following factors for determining liability in a cycling accident: Was either the cyclist or driver negligent in their duties of reasonable care owed to one another? Was the accident because of human error? Was either the cyclist or the driver under the influence of drugs or alcohol at the time of the accident? Were both the bicycle and vehicle maintained properly? Were there any defects in the bike or car that was not known to the operator? These factors majorly relate to negligence or recklessness on behalf of the driver or cyclist that may be considered as a primary cause for the accident and injuries sustained. Benefits of Hiring a Bicycle Accident Attorney in New York You should get in touch with a profound and reliable bicycle accident lawyer in New York if you or a loved one was injured because of the fault of another. It is routine for at-fault drivers and their insurance carriers to deny injured bicyclist fair compensation. They may claim that your injuries are not “serious” enough within the purview of law. Committed NY cycle accident attorneys know how to fight back for ensuring that their injured clients receive timely and fair compensation to be made whole again. Don’t allow insurance adjusters and companies to tell you the worth of your case. At the same time, you should know that all serious cycle injuries are not caused by vehicles. The best thing you can do is to consult with a capable New York personal injury attorney immediately after suffering injuries in a cycling accident. This will allow them to begin work on your claims process right away to increase the likelihood of the best possible outcome. Common New York Bicycle Accidents There are several types of accidents that can occur on the roadways. The most dangerous and common form of accidents involve a truck or a motor vehicle of some kind. These are a few types of bicycle accidents on NY roadways: 1. Dooring accidents These accidents occur when a vehicle occupant doesn’t check for oncoming cyclists and pedestrians before opening the door. The sudden opening of a door may cause the cyclist to swerve away and hit another vehicle, or to crash into the door. They may get launched into the air and suffer serious injuries. 2. Left-cross accidents Drivers that aren’t used to sharing a road with cyclists will forget to check behind them and only focus on oncoming traffic while making a left-hand turn. This may cause a cyclist to crash into the vehicle. 3. Right-hand accidents Majority of drivers forget to check for cyclists. They may misjudge their position and make right-hand turns. This may block the way of the cyclist causing them to crash into the vehicle. The risk of injury in right-hand accidents is more as compared to left-cross accidents because cyclists are expected to stay on the far-right side of traffic. 4. Right-cross accidents Such accidents take place when drivers don’t check for cyclists before pulling out of an alley or driveway. This causes a right-angle collision with the cyclist. The vehicle may back or drive into a cyclist. The cyclist may also end up crashing into a car that pulls out in front of them. 5. Rear-end accidents The way a car can rear-end into other cars is the same way it can rear-end a cyclist. The difference is that injuries are far more severe when a car rear-ends into a cyclist. This is because protection offered by a bike is negligible as compared to a metal vehicle. 6. Hit and run accidents This is the broadest category of cyclist accidents. It covers almost every collision type with the same outcome. The driver flees the scene of the accident. Generally, hit and run accidents occur because of driver negligence, which is why they end up fleeing the scene. Alcohol and drugs are commonly involved. Bicycle accidents can also happen without involving a car or any other vehicle. Another party would be held liable in such injuries. For instance, a homeowner or a storekeeper may keep something that obstructs the bike path. This may result in the rider swerving and crashing into a tree, fence, or another object. Typical Injuries in Cycling Accidents Personal injury suffered as a result of bicycle accidents are wide ranging. These are a few common injuries that become apparent following an accident: Broken arms and legs Wrist and hand injuries Joint dislocation Elbow fracture Spinal cord injury Jaw and dental damage Traumatic brain injury Nerve damage Bruises Cuts Skin abrasions Of course, any medical condition may arise because of cycling accidents. Some injuries are more obvious than others. You should seek a medical professional for an examination after any accident you are in. It is vital that you get checked for both external and internal injuries. A skilled personal injury attorney can assist you in judging whether your injuries warrant a claim or not. They will analyze your individual circumstances for understanding the parties that can be held liable for your injuries. They will ensure you receive proper compensation through litigation and negotiations. Contact a Dedicated and Resourceful Bicycle Accident Attorney in New York City Today The proven and experienced New York City attorneys at Rosenberg, Minc, Falkoff & Wolff, LLP can help if you or a loved one was injured in a bicycle accident. We have helped many New Yorkers obtain maximum compensation for their injuries and losses in bike accidents. We can begin work on your case right away. Exhaustive and early investigative effort is crucial for the best possible outcomes. Schedule a free, no-obligation appointment with us today by calling at 212-344-1000 or just fill out our online contact form. Robert Wolff Robert H. Wolff is a member and partner of the prestigious New York City Personal Injury Law Firm of Rosenberg Minc, Falkoff, & Wolff, LLP. Mr. Wolff graduated from SUNY Albany, cum laude, in 1978 with a B.A. in Psychology and American History. Thereafter, he attended St. John’s University School of Law, where he was a member of the Moot Court Team and the Criminal Law Society, graduating in 1981 with a Juris Doctor’s degree.

Citi-Bike Share Accident Claims in New York City

Citi-Bike Share Accident Claims in New York City

Driving a car on the congested streets of New York is often a frustrating experience due to the heavy traffic and expensive parking. Add to this the rising gas prices and it is not surprising that many commuters now choose to commute by bikes that are cheaper and far more convenient to use. Unfortunately, bike accidents are all too common on the busy streets of NYC. Injuries in such accidents can be far more severe than a car accident because a bike does not offer you any type of protective features. Driving a car on the congested streets of New York is often a frustrating experience due to the heavy traffic and expensive parking. Add to this the rising gas prices and it is not surprising that many commuters now choose to commute by bikes that are cheaper and far more convenient to use. Unfortunately, bike accidents are all too common on the busy streets of NYC. Injuries in such accidents can be far more severe than a car accident because a bike does not offer you any type of protective features. If you have been using a bike through a bike-share program in New York, and you have been hurt in a bike accident, you are entitled to claim damages for the losses you suffered. It is best to have an experienced Citi Bike share accident attorney in New York City on your side to pursue your claim for compensation. What is the Citi-Bike Share Program in NYC? If you have been using the blue bike in New York, it is quite likely to be one provided by New York’s main bike share program called Citi Bike. The company called Citi Bike has been exclusive rights by the City to own and operate the bike-sharing program which is sponsored by Citi Bank. Under this program, bikes are available from bike stations that are located in different boroughs of NYC. Commuters may purchase a pass that allows them access to the bikes for 24 hours, or for 7 days, or for an entire year depending on their requirements and usage. Anyone who is 16 years or older can access a Citi bike through the ride code they get with their pass. They may ride their bike for as long as they wish during the selected period and at the end, they must return the bike to any of the designated Citi Bike stations. What are the Common Causes of Citi Bike Accidents in NYC? Citi Bike share accidents in NYC can occur due to several causes: The failure of other drivers on the road to yield way to the person riding the bike A distracted driver’s failure to notice the bike especially when turning at an intersection Speeding or distracted driving by the bike rider Potholes or other road defects that can throw the rider off their bike The drivers or passengers of other vehicles opening their vehicle door without checking if there is any bike in the vicinity Poor design of the Citi Bike makes it more likely to cause injuries Poor maintenance of the bike by Citi Bike What Injuries Can a Citi Bike Accident Cause? In any accident involving a Citi Bike and a car, the driver and passengers in the car are protected by several safety features such as seat belts and airbags. However, the person riding the bike has no such protection and they are therefore likely to sustain more severe injuries. In most such accidents, there is a greater risk of traumatic brain injury, spinal cord injuries, dental injuries, and bone fractures, all of which may have grave consequences. One of the best ways to provide yourself with some level of protection while riding a Citi Bike is to make sure that you wear a good quality helmet that will keep your head protected in the event of a crash. Wearing reflective clothing or bright colors can also help to make your presence more noticeable to other motorists on the road. What to do if I Get Into a Citi Bike Crash in New York? If you have been riding around New York City and get into a Citi Bike share accident, here are the steps you need to take. Check yourself for injuries and get medical help at once. Call 911 to report the crash and ask for medical help. Even if you don’t see any obvious signs of injury, make sure you get yourself examined by a doctor to rule out internal injuries. If you are not badly hurt and can stay at the site of the accident, call the police and wait until they arrive to investigate. Even in cases where there is no injury, it is best to call the police to report the accident. Call the number provided by Citi Bike on the pass they issued you and report the crash to them. Collect important information regarding the other driver who was involved in the crash. Take down their name, address, contact number, license plate number, and insurance information. If there have been eyewitnesses to the crash, collect their contact information as well. Using your cellphone, take photographs or videos to capture the state of your Citi bike, your injuries, the vehicle that caused your crash, and the overall crash scene, including obstacles on the road, or poor road conditions that may have contributed to the accident. Who Will Pay for My Medical Expenses in an NYC Citi Bike Accident? Many persons who get involved in a New York Citi Bike share accident tend to ignore minor injuries they may have sustained in the crash. One of the primary reasons for this behavior is the fact that they lack the necessary health insurance. Sometimes, people also worry about being left with a huge bill for the emergency room services or ambulance services for what appears to be a minor injury. However, it is important to understand that under New York State’s no-fault clause, the insurance company of the party at fault is responsible to pay up to $50,000 for your medical expenses and lost wages. Who is Liable for a Citi Bike Accident in NYC? In any bike accident in New York, the driver of the vehicle that collided with the person riding the bike is the one who is most likely to be held liable for the crash. The same concept applies to a Citi Bike accident too and the driver of the car or truck or bus that hit you will be considered responsible for the crash. Although it has provided you with the bike, Citi Bike cannot be held liable unless there is evidence that the crash was a result of a defect in the bike you were using at the time of the accident. This could be either a design defect where the design of the bike poses a danger to the person riding it, or negligence in maintaining the bike in a condition fit to ride. Citi Bike is responsible for ensuring that its bikes are in good working condition through regular maintenance; so, if it can be shown that they failed in this, you could sue them for damages. If, for example, the accident was a result of a brake failure or due to tires that were worn out, it is possible to bring a lawsuit against Citi Bike. New York City cannot be sued for your Citi Bike accident just because they gave the company the contract to operate the bikes. However, if the crash was due to poorly maintained roads, or due to some dangerous construction activity without adequate warning signs or barriers to prevent a crash, the city administration may be held liable for your Citi Bike share accident. What Damages Can I Claim in a Citi Bike Lawsuit in New York? If you have been injured in an accident while riding your bike in New York, you can claim damages for the following: Your medical bills include the cost of hospitalization, diagnostic tests, medical treatment, prescription drugs, therapy, and rehabilitation Expenses on mobility equipment such as crutches or wheelchairs that you have been forced to use because of your injuries in the accident Loss of wages that you incurred because you could not attend work due to your injury Pain and suffering that you have undergone due to the injuries caused by the accident Contact an Expert Citi Bike Accident Personal Injury Attorney Today Immediately after an accident, it is vital to get medical help for your injuries. Equally important is the task of engaging an experienced NYC personal injury lawyer who can help you obtain the maximum compensation to which you are entitled to your injuries. When you claim damages for your Citi Bike accident, the insurance company of the party at fault for the accident may seek to contact you to offer you a settlement. You must remember that such offers are quite likely to be a fraction of what your claim is actually worth. Even if you are not sure about pursuing a lawsuit and feel more inclined to accept a settlement, make sure you engage an accomplished personal injury lawyer who can help you negotiate with the insurance adjusters to get the maximum possible compensation. At Rosenberg, Minc, Falkoff & Wolff, LLP, our bike accident lawyers have helped several persons injured in the NYC Citi Bike accident recover damages for the losses they suffered for no fault of their own. We have the resources to launch an independent investigation of your accident and we have a huge network of medical, financial, and accident reconstruction experts who can provide testimony to win you the compensation that you actually deserve. To know more about how we can help with your case, c all Rosenberg, Minc, Falkoff & Wolff, LLP today at 212-344-1000 or contact us online for a free and confidential consultation. Robert Wolff Robert H. Wolff is a member and partner of the prestigious New York City Personal Injury Law Firm of Rosenberg Minc, Falkoff, & Wolff, LLP. Mr. Wolff graduated from SUNY Albany, cum laude, in 1978 with a B.A. in Psychology and American History. Thereafter, he attended St. John’s University School of Law, where he was a member of the Moot Court Team and the Criminal Law Society, graduating in 1981 with a Juris Doctor’s degree.

Scooter Accident Personal Injury Laws in New York

Scooter Accident Personal Injury Laws in New York

To determine the responsibility and liability for an accident involving an e-scooter or e-bike, the way in which the crash occurred needs to be established. If the accident occurred due to the reckless driving of a car or truck driver, then they will be liable for all injuries and damages sustained by riders on e-scooters and e-bikes in New York. On top of this, there are a growing number of incidents of electric-powered two-wheelers causing injuries to pedestrians. In these cases, the drivers of electric scooters and bicycles are held responsible for the injuries caused to pedestrians. To determine the responsibility and liability for an accident involving an e-scooter or e-bike, the way in which the crash occurred needs to be established. If the accident occurred due to the reckless driving of a car or truck driver, then they will be liable for all injuries and damages sustained by riders on e-scooters and e-bikes in New York. On top of this, there are a growing number of incidents of electric-powered two-wheelers causing injuries to pedestrians. In these cases, the drivers of electric scooters and bicycles are held responsible for the injuries caused to pedestrians. Electric Scooter Accidents and Preventable Injuries While e-scooters from companies have become incredibly popular in the last couple of years, they clearly pose a lot of risk as well. The ER departments and doctors across the country have reported a significant rise in the number of scooter accident victims that are admitted to the ER, most of whom with serious injuries akin to those suffered in a car crash. These usually include: Brain injuries and concussion Broken bones Back, neck, and spinal cord injuries Burn injuries Facial and dental injuries Lacerations Injuries requiring surgery or amputation Bike and scooter riders in New York are not the only ones who experience these severe injuries. Pedestrians as well as other motorists can also suffer harm in a scooter accident. A scooter accident can play out in any of the following scenarios: Pedestrian accidents: There is no doubt that pedestrians are the most exposed people on public walkways and roads, and they face many risks posed by vehicles including e-scooters. From “dockless”, abandoned e-scooters which create trip, slip, and fall hazards, to riders who unlawfully or negligently operate scooters, there are several ways a pedestrian can get hurt. Motor vehicles: While motorists have the benefit of being protected by their vehicles, they can still suffer considerable harm in accidents caused by e-scooters. For example, a rider who violates traffic laws or negligently operates their scooter can cause the driver to collide or crash into other vehicles or structures. Bicycle accidents: Since e-scooters are able to reach speeds upwards of 15 miles per hour (mph), they can often be seen in bike lanes. This creates a dangerous situation for cyclists who are struck by careless scooter riders. Cyclists are forced to run off the road into objects or structures, or out of bike lanes and into the path of motor vehicles, or suffer injuries in other types of crashes. Scooter chargers: There are sharable e-scooter companies that rely on people to pick up the dockless scooters to charge them in their own homes. These people are known as “juicers” and receive compensation for charging the scooters. Unfortunately, they also face the risk of injury in case the charging battery or another scooter component turns out to be defective. We have seen cases of these scooter batteries causing burn injuries and fires. Unsafe scooters: The e-scooter designers and manufacturers are responsible for making sure their product is safe for public use. If there is any defect with the scooter design or manufacturing, or if the scooter was not repaired properly and malfunctioned, it can lead to an accident and injuries. In these cases, product liability laws come into play, which means the scooter company can be sued. Vehicle collisions: Since scooters are relatively small and not as noticeable, their riders face risks similar to pedestrians and bicyclists when it comes to being struck by negligent and distracted motorists. In some of the most publicized scooter accident cases, it was the scooter rider that was struck by a car or a truck in parking lots, crosswalks, and other areas of the road. Scooter riders have little to protect themselves against serious injuries or even death in case they ever collide with a 4-wheeler. Electric Scooter and Bike Laws in New York Electric-powered scooters and bicycles were legalized in New York in 2020. The new law has classified e-bikes into 3 categories: Class 1: Pedal-assist bikes that can drive up to 20mph (like Citi Bike e-bikes) Class 2: Throttle-powered electric bikes that can drive up to 20mph Class 3: Throttle-powered bikes that can drive up to 24mph (these are commonly used by delivery drivers) The following regulations have also been outlined by the new bill: E-scooters and e-bikes that are limited to traveling at 15mph are now legal to operate across the State of New York Any individual riding a Class 3 e-bike must wear a helmet Any individual aged 16 or 17 years must wear a helmet while riding a Class 1 or Class bike Scooter sharing programs are not allowed in Manhattan (but a pilot program is expected to launch in Brooklyn and Queens) If an e-bike rider is found to be under the influence of alcohol or drugs will face $500 fine and/or 15 days in jail Note: All e-scooters and e-bikes (regardless of their class) are currently prohibited on the Hudson River Park Greenway. Risk Posed By Motor Scooters Motor scooters are certainly cost-effective and convenient to ride, but they provide no real protection for their riders since there is no barrier between the rider and the outside environment, unlike a car. Also, since scooters travel at a relatively slower speed, riders are incapable of avoiding a faster-moving vehicle in time to avoid a crash. Because of the small size of an e- scooter, it is far less visible than other vehicles on the road, both to the pedestrians and traffic. All these reasons contribute to most of the injuries and fatalities that occur in a motor scooter accident in New York City. Here are some of the most common causes of such accidents: Reckless driving/speeding Blind spots Impaired or distracted drivers Night driving or poor weather (low visibility) Doors opened into lanes of traffic Potholes How To Avoid E-Scooter Injuries Whether it’s a car crash or a scooter accident, the risk of broken bones, spinal cord injuries, concussions, traumatic brain injuries, organ damage, internal bleeding, and road burns is similar. Each of these injuries are not only physically and emotionally devastating, but they can also result in enormous medical bills for the patient and their family. If you ride a motor scooter, keep yourself safe by following these tips: Follow the rules of the road: Never forget that as a scooter or bike rider, you have less protection than car or truck drivers. So always stay alert, ride defensively, and follow the traffic rules. Be sure that you are allowed to ride the e-scooter or e-bike in a particular area, and always stay under the speed limit. Always wear a helmet: Depending on what type of scooter or bike you have, it may not be mandatory for you to wear a helmet – wear it regardless! Multiple studies show that wearing a helmet is the best way to protect yourself against fatal injuries in a road accident. Who Is Liable In An Electric Scooter or Bike Accident? It’s a sad fact that those ride inexpensive vehicles – like a scooter – generally have minimal insurance coverage. Another fact is that motor scooter rental companies have deep pockets when it comes to insurance. If your e-scooter/bike was a rental, your attorney will pursue compensation from the company’s insurance. Most of motor scooter accidents involve only one vehicle. If your crash also occurred due to fallen branches, slippery road, potholes, or other debris, and you sustained injuries as a result, your county/city might be liable for the lack of street cleaning or road repair. Thanks to Vespa, Revel, and various other startups, thousands of electric scooters are now riding on NYC roads. With the increasing number of these electric moped sharing 2-wheelers, the risk of accident has also gone up, for scooter riders as well as pedestrians and motorists. Whether you were injured after being hit by a scooter, or while riding a scooter yourself, it’s best to hire a scooter accident attorney who can negotiate and litigate on your behalf. Contact A Trusted New York Scooter Accident Attorney Today Whether an e-scooter crashes into a pothole, another person, or a vehicle on the road, someone is bound to get injured. If you or your loved one has suffered a scooter accident injury, you may have been forced to miss work and bear significant medical bills. You are probably already in a lot of pain, the last thing you want is to get stuck with a huge debt when someone else’s negligence was responsible for it. Working with a scooter accident attorney in New York can help you file a personal injury claim to receive compensation for your hospital bills, rehabilitation, and lost wages. At Rosenberg, Minc, Falkoff & Wolff, LLP, we have recovered over $1 billion in damages and settlements for our accident injury clients in New York. As one of the oldest and most successful law firms in NYC, we have the skills and resources to provide you best legal representation and guidance, so you have a far better chance of obtaining maximum possible compensation. To schedule your free and confidential case evaluation, call us at 212-344-1000 or contact us online today. Robert Wolff Robert H. Wolff is a member and partner of the prestigious New York City Personal Injury Law Firm of Rosenberg Minc, Falkoff, & Wolff, LLP. Mr. Wolff graduated from SUNY Albany, cum laude, in 1978 with a B.A. in Psychology and American History. Thereafter, he attended St. John’s University School of Law, where he was a member of the Moot Court Team and the Criminal Law Society, graduating in 1981 with a Juris Doctor’s degree.

Bicycle Accidents in New York Can Cause Serious Injuries

Bicycle Accidents in New York Can Cause Serious Injuries

Bicycles are the primary mode of transportation for most people. Many prefer riding bicycles for exercise and fun as well. There are several injuries that can happen to bicyclists while riding. A significant amount of these injuries is attributed to head injuries, but there are several other severe injuries as well. Few of these injuries may turn out to be life-threatening depending on specific circumstances. Bicycles are the primary mode of transportation for most people. Many prefer riding bicycles for exercise and fun as well. There are several injuries that can happen to bicyclists while riding. Significant amount of these injuries is attributed to head injuries, but there are several other severe injuries as well. Few of these injuries may turn out to be life-threatening depending on specific circumstances. Avoiding Serious Injuries in New York Bicycle Accidents It is a good thing that people are taking up cycling as a hobby and a way of life in a big way, given the many obesity-related health problems plaguing the country. Cycling is great as cardio and can go a long way in keeping blood pressure, weight, and cholesterol under control. However, people need to be cautious while riding a bike, especially on busy streets. It is important to remember that nothing separates the cyclist from the road. This is why wearing a helmet and other protective gear is important. Helmets can help reduce the risk of a fractured skull and traumatic brain injury. Next, everybody needs to ensure they pay attention to their surroundings. Drunk and distracted driving continues to play a major role in bicycle accidents in New York. The consequences of a bicyclist colliding with a motorist can be disastrous. Lastly, it is vital that riders avoid cycling at night as much as possible. In necessary cases, they should equip their bike with reflectors or a flasher and wear brightly colored clothing. This is to help other people see them. Chances of Spleen Injury in Bicycle Accidents People think that once you learn how to ride a bicycle, you can never forget it. However, there is always a strong likelihood of meeting with an accident regardless of how long you have been riding your bicycle. The spleen is under the rib cage on the left side of the human body. Ribs help in protecting the spleen to a great extent, but they are in no way invincible. It is easy to fly over the handlebars while falling off a bike. The handlebars can cause significant impact underneath the ribs to cause a spleen injury. Such injuries can also take place when someone gets thrown on to the pavement. Landing on a ridge or on a rock on the right side of the rib cage can result in a spleen injury too. Pain in the right side of the rib cage is a primary sign of spleen injury. Generalized abdominal pain and bleeding are other signs. People with mononucleosis are at an enhanced risk of developing spleen injuries because the virus tends to enlarge the spleen. This makes it a larger target. It may also cause the spleen to rupture on impact. Spleen Injury Treatments in NY Bike Accidents Spleen injuries are one of the few traumatic injuries that get overlooked in case of bicycle accidents. Splenic injuries can be quite serious, which makes it important to understand the basic characteristics. There are several treatment options that can be considered when someone sustains a spleen injury. The first thing that needs to be ascertained upon sustaining a spleen injury is whether the spleen ruptured or not. Pain is common even when the spleen has not ruptured. However, it becomes a consideration in people that develop a large bruise under the right side of their rib. Feeling lightheaded, cold, clammy with failing blood pressure are indicators of a ruptured spleen. Victims require emergency medical attention if there is a possibility the spleen may have ruptured. It can cause the person to develop internal bleeding and bleed to death in a rapid manner. The individual requires to be transported to a hospital quickly so that their spleen patency can be assessed. In case, it is established that the spleen has in fact ruptured, the victim shall be rushed to the operating room where life-saving surgical repair would have to be carried out. Bicycle Accident Can Cause Liver Damage The liver is an appropriately named organ being one of the most important parts of the body. It serves several vital functions and helps the human body in regulating nutrient levels in the tissues and bloodstream. The liver is also something that may get damaged in traumatic accidents, such as bicycle accidents. In a recent interesting case report presented by a team of doctors to the hospital, a young teenager was found to have serious lacerations of the liver. The teen was riding down the local road on his bicycle when a car abruptly pulled out in front. The teen collided with the car’s hood and flipped over the bike’s handlebars. He landed on the car’s hood with extreme force. The driver of the car immediately exited the vehicle and called emergency personnel. First responders quickly evaluated the teen required medical attention and transported him to the local hospital in an ambulance. He was evaluated for blunt force abdominal trauma. The physicians were concerned about the internal rupture of organs. They ordered an imaging scan which showed his liver had serious lacerations with a potential capsule rupture. He has quickly transported to the operating room for exploratory surgery. His liver was repaired and the bleeding stopped. He was taken to recovery afterward where his bruising healed eventually. The bruising took a long time to heal, but he did recover. Recovery and Treatment of Liver Injuries Liver damage is a common abdominal injury for cyclists. Unfortunately, unlike kidneys, chronic liver failure does not have the option of dialysis as a treatment. Alcoholism and hepatitis are the two most common causes of liver damage. However, traumatic liver injuries prove to be a serious concern as well. When presented with bruising of the abdomen, it is important for doctors to ensure there is no concern for the rupture of internal organs. Emergency surgery becomes necessary where there is a rupture to repair and stop the leakage of bodily fluids, such as blood into the abdominal cavity. In case of no rupture, the victim is required to give rest to their abdomen, so that it can heal on its own. This can take anywhere from a few days to weeks. They may even have to go several days without ingesting food. The patient in such a situation shall receive essential nutrients artificially through intravenous transfer. Common Abdominal Injuries in Cycle Accidents Pancreas These can be injured when there is massive trauma to the abdomen following a bicycle accident. The pancreas is often injured when the bicycle rider hits the handlebars hard after colliding into an object. Doctors examine the pancreas to search for fluid around it. Kidneys Your rib cage partly protects your kidneys. But, it can still get injured in a traumatic accident. Contusions and lacerations are possible. Bloody urine is a common indicator of kidney injury. It is possible for the urine to leak into the abdomen as well. Small Intestine The small intestine usually gets injured in a penetrating injury. This organ is a major part of the viscera. Bowel perforation is a major problem with air showing up on a CT scan or a plain film. Bowel injuries may result in bowel abscess or obstruction, requiring surgery. Look for vomiting, nausea, fever, or blood in the urine to identify an abdominal injury. These are some other signs: Vertebral injury Abdominal distension Abdominal pain and tenderness Rigidity to the abdomen Abdominal guarding Lack of bowel sounds Pneumoperitoneum Rib fractures Evisceration in penetrating trauma Abdominal wall injury Hospitalization is Imperative in Serious Bicycle Injuries You may end up with exorbitant medical bills if you are required to spend a significant duration in the hospital following any serious injury. You may end up scrambling at rope ends to keep your household expenses together while facing time off work. It can get difficult (financially, mentally, physically, and emotionally) when facing a serious bicycle injury. Legal consultation from attorneys that are both skilled and compassionate can help you figure out a way to keep your family expenses together. You can understand your options for paying your bills, dealing with the stress of your injury, and going where everyone needs to go. All you need to do is ask for help. There are several help groups and legal firms that are willing to listen. Do not be hesitant in asking an experienced bicycle injury attorney for help. Legal Aid for Severe Bike Accident Injuries in NYC Recovering from your bicycle-related injury is not the only hurdle you need to overcome. You need to focus on many other issues, especially if filing a claim. This includes: Visiting the accident scene Reviewing the accident report Interviewing witnesses Insurance claims Looking over physician documents and medical records Assisting with logistical issues Making phone calls Completing paperwork It can get challenging for families sometimes to make ends meet after a serious bicycle accident in New York. The skilled and qualified bicycle accident attorneys at Rosenberg, Minc, Falkoff & Wolff LLP can help families examine their available options. We take care to remove the stress from filing a lawsuit so that you can focus on the important task of helping your loved one recover. Get in touch with us today by calling us at 212-344-1000. Schedule a free, no-obligation consultation with us today! We know how to win cases – we’ve been doing this for a while! Robert Wolff Robert H. Wolff is a member and partner of the prestigious New York City Personal Injury Law Firm of Rosenberg Minc, Falkoff, & Wolff, LLP. Mr. Wolff graduated from SUNY Albany, cum laude, in 1978 with a B.A. in Psychology and American History. Thereafter, he attended St. John’s University School of Law, where he was a member of the Moot Court Team and the Criminal Law Society, graduating in 1981 with a Juris Doctor’s degree.

Speed Demon Cyclists Cause Havoc in Central Park; Two Deaths in Two Months

In a second incident of its kind a speed cyclist has caused another death in Central Park. East Harlem resident Jason Marshall, 31, an accomplished baritone saxophonist, has instead of bringing sweet music, brought agony and frustration to the family of 59 year old Jill Tarlov and her family. Marshall, an avid cyclist and owner of a pricey Jamis Eclipse, slammed his racing bike into Tarlov in Central Park Thursday, Sept. 18 th, causing serious injuries that left her brain dead and now on life support. Speeding cyclists can injure you gravely and are something you should watch out for. Prior to his deadly ride, Marshall was seen speeding down a lane restricted to pedestrians and child bicyclists, and crossed over to a lane designated for vehicles in the park’s West Drive. As any personal injury attorney will tell you, cycling is not permitted in either of these lanes. A Cyclist Making Up His Own Rules Tarlov, a former executive at 1010 WINS and wife of Michael Wittman, a senior vice president at CBS, is a mother of two college-age children. She was out shopping for her daughter’s birthday present around 4:30pm on West Drive when Marshall came pedaling along at top speed. According to law enforcement sources and a witness, he cautioned Tarlov to get out of the way which she obviously did not hear. Tarlov stepped off the curb just when the Marshall came barreling toward the traffic light on West 63 rd Street, which ended in the fatal accident. She was declared brain dead on reaching the New York-Presbyterian Hospital/Weill Cornell Medical Center. The cyclist admits to being in the wrong lane but that is a little bit too late. According to a 21 year old witness and visiting student from England’s University of Exeter, Marshall was speeding and didn’t appear as though he tried to stop. A Huge Difference in Charges Personal accident lawyers are seeing a spate in bike accident cases as athletic cyclists take the chance to pedal in car lanes in a bid to travel faster rather than stick to bike lanes. But causing an injury to an innocent person just to save a few minutes comes with a huge price. Jason Marshall, for instance, could face charges of assault or reckless homicide or simply a summons for cycling in the wrong lane, depending on the Ms. Tarlov's condition in the coming days. Witnesses Matter It is hard in such cases to determine accurately the speed of a cyclist. Also, fighting a personal injury lawsuit against speeding cyclists is pretty tough as the blame is almost always put on the pedestrian. Take Jason Marshal, who insists he wasn’t speeding and had the right of way because of the green light. In such cases, it is necessary to have reliable witnesses who can prove the cyclist's guilt, and a personal accident lawyer who is well versed in similar cases to fight your case. Another Cycling Death This is the second case in two months, much to the consternation of local residents who have lodged several complaints during meetings at Central Park Precinct Community Council. On August 3 rd, Irving Schachter, a 75-year-old Brooklyn Technical HS physics teacher died two days after he was hit by a cyclist trying to avoid a pedicab. Schachter succumbed to his injuries at New York-Presbyterian Hospital. One of the major concerns in bike accident cases is the lack of mandatory insurance coverage for bikes for such injury or deaths. Liability for bike accidents almost always comes down to negligence. Which is why it becomes even more important that you hire a reliable personal accident lawyer to help you win your lawsuit in time. The immediate concern for a crash victim is medical attention. And if the injuries are serious, you may be in recovery for a long time and may be out of work too. Your personal injury accident attorney can help you win medical coverage from no-fault which can go a long way in helping you heal and recover from the crash. Robert Wolff Robert H. Wolff is a member and partner of the prestigious New York City Personal Injury Law Firm of Rosenberg Minc, Falkoff, & Wolff, LLP. Mr. Wolff graduated from SUNY Albany, cum laude, in 1978 with a B.A. in Psychology and American History. Thereafter, he attended St. John’s University School of Law, where he was a member of the Moot Court Team and the Criminal Law Society, graduating in 1981 with a Juris Doctor’s degree.

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