October 5, 2014 • Bicycle Accidents
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. 18th, causing serious injuries that left her brain dead and now on life support.
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 63rd 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.
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 3rd, 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.