Key Takeaways:

• Multiple parties can be liable for a bar or nightclub assault. In a nightclub assault claim, you could hold various parties accountable, including the person who attacked you, the nightclub owner, the property owner, and the security company.

• Nightclubs with insurance are often your best option. While your assailant is responsible, they rarely have assets to pay damages. Nightclubs typically carry substantial liability insurance that can fully compensate.

• Prior incidents strengthen your claim. If the nightclub had previous assaults or fights and didn’t increase security, they knew violence was likely and failed to protect you. This strengthens your legal case.

Maybe you’re unwinding after a long work week or just enjoying live music in one of NYC’s nightclubs. Then everything changes in seconds. Someone attacks you, and despite screaming for help, the venue’s security is nowhere to be found, or worse, they see what is happening and fail to act.

Nightclub assaults can leave you with more than physical injuries. Besides the cost of medical bills and lost wages due to time off work, you might be dealing with psychological trauma from your ordeal. But you’re not powerless. When a nightclub fails to provide adequate security, New York law gives you the right to hold them accountable and pursue damages.

Understanding NYC Nightclub Assault Liability

When you’re assaulted at a nightclub, you’re probably thinking that the perpetrator is responsible and, therefore, the party you should sue. Many victims don’t realize that the nightclub and other parties may also be responsible for their assault. Here’s a rundown of the potential liable parties in a NYC nightclub assault.

• Your assailant: The person who physically attacked you is liable. However, since most assailants lack insurance or significant assets, you may not have much luck in getting compensated.

• The nightclub owner/operator: The nightclub or bar can be held liable for negligent security if it failed to provide adequate safety measures. This can be your best option for recovery since nightclubs typically carry liability insurance.

• The property owner: If the nightclub leases the space, the building owner may share liability, particularly if they are responsible for the venue’s security or knew about violence problems at the nightclub.

• The security company: If the nightclub hired an outside security firm, that company can be liable for failing to properly train staff or respond appropriately to dangerous situations.

Since you could hold various parties liable, you could pursue compensation from various avenues. Your negligent security attorney will identify all potentially liable parties to maximize your compensation.

Premises Liability: A Nightclub’s Duty to Keep You Safe

NYC nightclub owners have a legal duty to keep patrons reasonably safe under premises liability law. When you enter a NYC nightclub as a paying customer, you’re legally an “invitee,” meaning you’re invited onto the property for the owner’s benefit.

Property owners owe invitees the highest duty of care, including protecting them from foreseeable harm. If a nightclub fails to provide reasonable security measures and you’re assaulted as a result, they can be held liable under negligent security law.

When is a Nightclub Liable for Assault in NYC?

Negligent security occurs when a property owner fails to implement reasonable security measures to protect patrons from foreseeable criminal acts. For nightclubs, establishments that serve alcohol, stay open late, and attract large crowds, fulfilling this duty is essential. Nightclubs are considered high-risk venues, and establishments serving alcohol have increased responsibility to prevent violent incidents.

Here are some examples of what can count as nightclub negligent security:

• Failure to hire adequate security staff for the type and size of the venue
• Untrained security personnel
• Broken or non-functional surveillance cameras
• Poor lighting in parking lots or interior spaces
• Ignoring prior assaults or violent incidents
• Failing to respond adequately when assaults and fights occur

How to Prove Nightclub Security Negligence in NYC

To hold a nightclub liable, you must prove the venue owed you a duty of care as a patron, that it breached that duty by failing to provide adequate security, and that this failure directly contributed to your assault and damages.

The key is “foreseeability.” Courts will examine whether the nightclub should have reasonably anticipated violence based on the venue’s history and neighborhood crime rates. If a reasonable nightclub owner had recognized the risk and taken preventive measures, but this venue didn’t, they can be held liable.

Evidence That Strengthens Your Claim

Prior incidents at the venue demonstrate that the nightclub knew violence was a problem. If there were previous assaults, violent robberies, stabbings, or fights, property owners should have taken steps to prevent future incidents.

Crime statistics for the surrounding area help establish foreseeability. Your attorney can obtain data from the New York City Police Department showing that the venue should have anticipated security risks. Complaints and warnings from patrons, neighbors, or police show the nightclub had notice and failed to act.

Compensation Available to NYC Nightclub Assault Victims

You could be entitled to compensation for medical expenses, including emergency treatment, surgery, therapy, and future care. You can recover lost income for wages missed during recovery and future earning capacity if injuries prevent you from working.

Depending on the severity of the assault, you may also be entitled to compensation for pain and suffering for any physical pain and emotional distress. Additional damages are available if you suffered permanent scarring, disfigurement, or a disability due to the assault.

How to Protect Your Rights After an Assault

Taking immediate action after an assault can help your legal case. Seek medical attention even if injuries seem minor. And report the assault to the police, as this creates an official record of the incident.

Request the nightclub’s incident report. If they refuse, your attorney can subpoena (request) it. Preserve clothing or personal items as evidence. Make sure to keep all medical records and bills. And don’t be tempted to discuss the incident on social media, as insurance companies may use anything you post to discredit your claim or reduce your compensation.

We Fight for Assault Victims’ Rights

Being assaulted can be traumatizing and change your life. But you don’t have to go it alone. At Berkowitz & Weitz Law, P.C., we’ve represented personal injury victims throughout New York City for nearly three decades. We can build your case by investigating a nightclub’s prior incidents, reviewing security footage, interviewing witnesses, and consulting security experts to prove the venue failed its duty.

The time to file a lawsuit and pursue compensation in New York is limited. Get started today and contact us for a free consultation to learn about your rights and options.

What Workers Need to Know 

Key Takeaways:

• NY Scaffold Law is on workers’ side. Labor Law §240 holds property owners and contractors responsible for falls and falling object accidents.

• Workers can recover full compensation. You can file a NY Scaffold Law lawsuit, allowing you to recover pain and suffering and other damages that workers’ comp doesn’t cover.

• You have three years to file a lawsuit. New York gives workers three years to file a lawsuit, but only 90 days if they’re suing a government entity.

Construction work is one of New York’s most dangerous jobs. Every year, workers in New York fall from scaffolds, ladders, and roofs, often because someone else cut corners on safety. While some workers survive with life-changing injuries, others never make it back home.

If you’ve been injured in a scaffold collapse, ladder fall, or similar accident on a New York construction site, you have powerful legal protections. New York’s Scaffold Law (Labor Law § 240) is one of the strongest worker protection laws. Learn how it protects you, what compensation you can claim, and who can be held responsible when you’re injured on the job.

What Is New York’s Scaffold Law?

According to the Occupational Safety and Health Administration (OSHA), falls are a leading cause of workers’ deaths. The NY Scaffold Law is designed to protect construction workers injured in falls or struck by falling objects.

The law holds property owners and general contractors “strictly liable” when workers are injured due to elevation-related hazards. This means you don’t need to prove negligence and only need to show you were doing covered work and were injured due to a fall or struck by a falling object.

Who Does the Scaffold Law Protect?

The Scaffold Law protects workers involved in the construction, repair, alteration, or demolition of buildings and structures. This includes work on residential homes, commercial buildings, bridges, and other building projects.

And you’re not only covered if you were working above ground level, but also in excavations below ground.

Here’s who is included in the protections:

• Construction laborers and trade workers, including general laborers working on construction sites.

• Specialty workers, such as painters, window cleaners, electricians, masons, roofers, and demolition workers.

• Subcontractors, day laborers, and independent contractors.

• All workers, regardless of immigration status, including undocumented immigrants.

What Types of Accidents Does the Scaffold Law Cover?

Labor Law §240 relates only to gravity-related accidents. That means it applies when someone falls from a height (like off a ladder or scaffold), or when something falls and hits a worker (like a tool or building material). If you were injured in any of these ways, the Scaffold Law likely applies:

• Scaffold collapses or failures
• Falls from defective or unsecured ladders
• Falls from roofs, platforms, or other elevated work areas
• Being struck by falling tools, materials, or debris

Why the NY Scaffold Law Is So Powerful: Strict Liability

In a typical personal injury lawsuit, you must prove the defendant was negligent. However, under Labor Law §240, you don’t need to prove negligence. If the property owner or general contractor failed to provide proper safety equipment and you were injured, they’re automatically liable.

However, there is one important exception: if you were the “sole proximate cause” of your injury, meaning you did something so reckless that the injury is entirely your fault, you might not be covered. That said, the bar is high, and simply being inexperienced or making a judgment error usually won’t prevent you from recovering compensation. Consult a construction accident lawyer to clarify your rights.

Who Can Workers Sue Under the NY Scaffold Law?

Under Labor Law §240, you can broadly hold two parties responsible:

1. Property owners. The person or company that owns the building where you were working.

2. General contractors. The main contractor overseeing the construction project.

These two parties can be held liable for your elevation-related injuries, even if they weren’t present on-site or directly supervised your work. Note that subcontractors are generally not liable under §240.

What Compensation Can You Recover?

If you’re injured in a Scaffold Law accident, you may recover a range of compensation, including medical expenses, such as emergency treatment, surgery, hospitalization, rehabilitation, and future medical care. You can also recover lost wages for time you couldn’t work and lost earning capacity if you can’t return to your previous job.

But it’s not just financial losses. Depending on your case and injuries, you could also be entitled to compensation for pain and suffering, which is the physical pain and emotional distress your injuries caused. And if your accident results in a disability, you can recover damages for permanent disability and reduced quality of life.

The Scaffold Law and Workers’ Compensation

Injured workers who are receiving workers’ compensation may be wondering whether they could still file a Scaffold Law claim. The answer is yes. Workers’ compensation provides medical coverage and partial wage replacement regardless of fault. However, workers’ comp doesn’t cover pain and suffering, and wage replacement is limited.

A Scaffold Law claim can provide full compensation, including pain and suffering and complete wage loss, with amounts far exceeding workers’ comp benefits.

While you can’t sue your direct employer under the Scaffold Law, you can sue the property owner and general contractors. A NYC scaffold accident lawyer can help you pursue both.

What’s the Statute of Limitations in a NY Scaffold Law Claim?

New York gives you three years from your work accident date to file a lawsuit under New York Civil Practice Law and Rules § 214. However, if you’re suing a government entity, you have just 90 days to file a notice of claim. Acting fast is crucial to protect your rights and ensure that evidence doesn’t disappear. And remember: missing a filing deadline could bar your claim entirely.

Your Next Best Steps After a Construction Fall Accident

If you suffered a construction injury, protect your rights immediately by taking the following action:

• Get immediate medical attention
• Report the accident to your supervisor
• Take photos of the scene, equipment, and your injuries
• Ask witnesses for contact information.
• Keep all medical records and bills.

And, importantly, don’t sign any documents without legal advice from a NYC scaffold accident lawyer. The NY Scaffold Law is complex, and you need someone who knows how to build a strong case and maximize your recovery.

Berkowitz & Weitz Law, P.C. Fights for Workers

Construction accidents can change your life in seconds. Medical bills pile up, you can’t work, and your family may struggle to make ends meet. The good news is that New York’s Scaffold Law gives you powerful rights, and we are here to help you assert those rights and fight for what you deserve.

We’ve fought for the rights of injured New Yorkers for nearly 30 years, recovering millions of dollars for our clients. When we take your case, you pay nothing unless and until you recover compensation.

Contact us for a free case review today to find out if you have a legal case and how we can help.

Proving Negligence in a Trip & Fall Case

Key Takeaways:

• Tripping and slipping are not the same. Tripping involves your foot striking an object or uneven surface, while slipping happens when you lose traction on a smooth or wet surface.

• Not every trip or slip results in a lawsuit. To have a case, you must prove the property owner knew, or should have known, about the hazard and failed to fix it or warn you about it.

• NYC property owners have legal duties. Owners must maintain sidewalks and premises. But to recover compensation, you’ll need evidence to prove they breached their duties.

NYC maintains a staggering 12,000 miles of sidewalks. Unfortunately, cracked and uneven pavements continue to trip up pedestrians, despite the city replacing more than two million square feet of sidewalk every year. And in winter, ice and snow can make pavements slippery, leading to slips and falls.

A single misstep can leave you injured, facing costly medical treatments, and time away from work. When this happens, you might wonder: Who’s responsible for my fall, and do I have a legal case?

The answer starts with understanding whether you tripped or slipped. The distinction matters under New York law and can affect which evidence you need to collect and even who might be liable.

What’s the Difference Between Tripping and Slipping?

The terms “trip and fall” and “slip and fall” are often used interchangeably, but they describe fundamentally different types of accidents with different causes:

• Trip and Fall. In a trip and fall, your foot typically strikes an object or an uneven surface that causes you to stumble and fall forward. Causes of trips and falls in NYC include cracked sidewalks, potholes, uneven flooring, exposed cables, or objects left in walkways.

• Slip and Fall. In a slip and fall,your foot loses traction on a surface, causing you to fall backward or to the side. Slips and falls usually occur on wet floors, icy patches, freshly waxed surfaces, or due to loose mats and rugs.

Why Does This Distinction Matter?

The distinction matters because the type of fall determines what evidence you need and what the property owner should have done to prevent it.

Trip and fall cases often focus on obstructions or uneven surfaces. The legal argument hinges on whether the property owner failed to repair or warn about a physical hazard that caused you to stumble.

In a slip and fall case, the emphasis is typically on sidewalk or floor surface conditions. Here, the question is whether the owner failed to mop up a spillage, apply salt, or post warning signs in a timely manner.

Each type of fall involves different expectations of property maintenance, different types of evidence, and sometimes even different liable parties (e.g., building owner vs. cleaning contractor).

When Is a Trip or Slip Considered Negligence in NYC?

Not every fall gives you grounds for a lawsuit. For example, you can’t sue just because you tripped due to wearing ill-fitting footwear. You must show that a hazard caused your fall, and a property owner failed in their legal duty to keep the premises reasonably safe.

To win a trip or slip and fall case in NYC, you must prove negligence with these four elements of a personal injury lawsuit:

1. The property owner owed you a duty of care. Property owners are expected to maintain their premises in a reasonably safe condition for visitors.

2. They breached that duty. The owner failed to fix a dangerous condition, failed to warn you about it, or created the hazard themselves.

3. The breach caused your fall. The dangerous condition directly led to your injuries.

4. You suffered actual damages. You have medical bills, lost wages, pain and suffering, or other measurable harm.

NYC Property Owner Responsibilities: What the Law Says

New York City property owners have specific legal obligations. Under the NYC Administrative Code § 7-210, they are responsible for maintaining the sidewalks adjacent to their buildings, including repairing cracks, holes, and uneven surfaces.

And, according to the New York City Department of Transportation, property owners must also remove snow, ice, and debris from sidewalks.

Owners or management of commercial properties, such as grocery stores and restaurants, are expected to regularly inspect for dangers that could cause fall accidents. Such hazards include wet floors from spills, torn carpeting, poor lighting in stairways, and uneven flooring.

Proving the Property Owner Knew of the Hazard

One of the trickiest parts of a premises liability case is proving the property owner had “notice” of the dangerous condition. This means that they knew or should have known about the dangerous condition. Like courts across the U.S., New York recognizes two types of notice, actual and constructive:

• Actual Notice: The property owner knew about the hazard. Maybe someone reported it, or the owner created it themselves (like mopping a floor and not putting up a warning sign).

• Constructive Notice: The hazard existed long enough that the owner should have discovered it during reasonable inspections. For example, a crack in the sidewalk that’s been there for months, or a spill that’s been on the floor for hours.

Proving constructive notice can be tricky. You might need to show that the dangerous condition was obvious, that it existed for a substantial time, and that the property owner failed to conduct inspections. To give yourself the best chance of recovering what you deserve, hire an experienced personal injury lawyer who knows NYC laws and regulations and can hold a responsible property owner accountable.

Injured in a NYC Fall? Berkowitz & Weitz Law, P.C. Can Help

Dealing with injuries from a fall is hard enough without navigating the legal process. But you don’t have to struggle alone. At Berkowitz & Weitz Law, P.C., we’ve spent nearly 30 years standing up for injured New Yorkers and have recovered millions of dollars for people just like you.

We work on a contingency fee basis, so you have no financial risk and don’t pay anything unless we win your case. The time to file a lawsuit is limited in NYC, so get started today and contact Berkowitz & Weitz Law, P.C. for a free consultation. We’ll review your fall accident and help you understand whether you have a claim.

You visit your mother once a week at her NYC nursing home, but lately, something feels off. She has lost weight, and you notice unusual bruising on her arms and wrists. Her personality has changed, too, and she seems more withdrawn. Nursing home staff is trying to explain all this away as “normal” aging, but your gut tells you something is wrong. And you could be right.

Unfortunately, when families aren’t around, abuse and neglect can thrive in nursing homes that put profits before the comfort and safety of their residents. The warning signs are often subtle, and staff may try to blame the deterioration of your loved one on aging or medications.

This guide reveals the signs of nursing home neglect every family must watch for, your loved one’s nursing home resident rights under New York law, and what to do if you suspect negligence.

What Is Nursing Home Negligence?

Nursing home neglect occurs when facilities fail to provide the standard of care required by law, resulting in harm to residents. Unlike abuse, which involves intentional harm, neglect can result from inadequate staffing, lack of training, and other failures. Here’s what qualifies as nursing home negligence in NYC:

• Failure to provide basic needs: Not assisting residents with eating, drinking, bathing, or toileting when they cannot perform these activities on their own.

• Medical neglect: Ignoring symptoms, missing medication, or failing to implement treatments and care plans ordered by the resident’s doctor.

• Lack of supervision: Inadequate monitoring of residents that leads to preventable accidents like falls and choking on food.

• Environmental hazards: Maintaining unsafe conditions in the nursing home, like wet and slippery floors, poor lighting, or unsanitary living spaces.

• Abandonment: Failing to assist residents when called or leaving residents unattended for extended periods.

Neglect is another word for carelessness and doesn’t require intent to harm. A facility that simply fails to meet its legal obligations could be held liable for residents’ injuries. A NYC elder abuse lawyer can determine whether you have a personal injury claim against a nursing home.

Don’t Ignore the Physical Signs of Nursing Home Neglect

While some changes come naturally with advanced age, others could be signs of nursing home neglect. Here’s what to look for:

• Unexplained Injuries and Bruising. Elderly skin bruises easily and may bruise due to certain medications. However,if your loved one has bruises in unusual places, like the upper arms or wrists, they may have been unlawfully restrained or even rough-handled.

• Rapid Weight Loss and Dehydration. Losing weight rapidly in a nursing home isn’t normal. While losing weight can be a sign of illness, it could also point to negligence. Your alarm bells should be ringing if your loved one drops more than 5% of their body weight in a month.

• Preventable Bedsores. Bedsores, also called “pressure ulcers,” are almost always preventable with proper care and attention. Such painful wounds develop when residents aren’t regularly repositioned. If your loved one develops bedsores, it’s likely that the nursing home failed them.

• Frequent Falls. Falls can be common among older adults.However, if your loved one experiences multiple falls in the nursing home, something is wrong. New York laws require facilities to prevent accidents and falls.

Behavioral Red Flags Pointing to Nursing Home Neglect

The most serious neglect may not leave any physical marks. Watch out for these behavioral changes that could point to emotional abuse or neglect of your loved one:

• Withdrawal and avoiding activities they used to enjoy
• Flinching or acting fearful when staff enters
• Signs of depression or anxiety
• Unexplained personality changes

While some of these signs can occur with aging, they should never be dismissed as “normal.” If your loved one shows any of these troubling signs, it’s time to dig deeper and find the reason for those personality changes. Consider getting legal advice from a New York nursing home attorney to understand your next best steps.

Is the Nursing Home Unsafe?

The facility itself may be offering clues that the care your loved one receives is substandard. Here’s what you might notice during visits:

• Understaffing. Care staff may try their best, but if a facility is chronically understaffed, neglect is likely. Can you find a staff member when needed, and are call buttons answered promptly? If not, you could be witnessing nursing home neglect.

• Cleanliness. Do you notice strong odors, soiled bedsheets, and dirty common areas when visiting your loved one? This could indicate broader neglect. Nursing homes must maintain hygiene standards in public spaces and private rooms.

• Overmedication. Overmedication keeps residents quiet in understaffed nursing homes but destroys their quality of life. If your loved one seems unusually drowsy, question their medication regimen. You have the right to review all medications and dosages.

These failures aren’t trivial or the result of poor management. They’re violations of your loved one’s fundamental rights under New York law.

Nursing Home Residents’ Rights Under New York Law

New York’s Nursing Home Bill of Rights spells out the rights of all nursing home residents. Residents in NYC nursing homes are entitled to:

• Participate in their care planning (including refusing treatments)
• Be free from physical and chemical restraints
• Have their dignity respected and privacy protected
• Voice complaints without the fear of retaliation
• Receive adequate and appropriate care for their medical conditions
• Manage their own finances (unless legally incapacitated)
• Have family members visit and advocate on their behalf

When nursing homes violate these fundamental rights, they’re breaking the law. The New York State Department of Health investigates violations, but families often need to hire a NYC elder abuse lawyer to fight for the compensation they deserve and to hold unscrupulous facilities accountable.

Take Action: What to Do When You Suspect Nursing Home Negligence

Discovering potential abuse can feel overwhelming. It’s normal to feel angry as your loved one’s health is at stake. But what you do now is crucial for helping your loved one stay safe and holding those responsible accountable. 

• Promptly Document Everything. Photograph injuries and keep detailed notes about when you noticed them and staff explanations. Request your loved one’s medical records and make sure you save all communication with facility administration.

• Report Neglect to Authorities. If you witness neglect or abuse, contact the NYS Department of Health complaint hotline immediately. The agency investigates reports of abuse and neglect. File your complaint even if you’re unsure, and let investigators decide if what you witnessed qualifies as neglect.

• Consider Moving Your Loved One. If danger seems imminent, move your loved one first and handle the other details later. Their safety takes priority. While many facilities have wait lists, emergency placements are possible when neglect and abuse are suspected.

• Consult a NYC Elder Abuse Lawyer. Nursing home cases involve complex regulations and powerful corporate defendants and insurance companies. An experienced attorney can pursue compensation while you focus on your loved one’s comfort and care. Most New York nursing home attorneys work on contingency, meaning you pay nothing unless you win compensation.

Find Justice with Our New York Nursing Home Attorneys

At Berkowitz & Weitz Law, P.C., we’ve spent decades fighting for injured New Yorkers. We know nursing home tactics like denials and attempts to blame victims for their injuries. Our attorneys can thoroughly investigate allegations of negligence and consult with medical expert witnesses to strengthen your case. Whether you have a bedsore case or wrongful death claim, we can fight for justice and maximum compensation.

If you suspect your loved one is the victim of nursing home negligence, please don’t wait and contact us today for a free consultation. Every day matters when your loved one’s safety is at risk.

The Big Apple is one of the most bike-friendly cities in the US, boasting 1,550 miles of bike lanes. But even with this extensive bike lane network, riders still find themselves sharing roadways with cars and trucks. And that’s what makes them vulnerable. Without the steel frame that protects motor vehicle drivers, even minor collisions can result in catastrophic injuries.

You wear a helmet and stick to bike lanes whenever possible. Yet every day on NYC streets feels like a gamble. Taxi doors swing wide open without warning, and delivery trucks make unexpected turns and stops; you’re constantly navigating hazards.

Injured in a bicycle accident? Discover your legal options and how a Manhattan bicycle accident attorney can fight for fair compensation.

Why NYC Has a Bike Accident Problem

The numbers tell a sobering story about cycling safety in New York City. Data from the New York City Department of Transportation (NYCDOT) shows that over 9,000 cyclists were injured or lost their lives in traffic collisions across the city during 2022. Despite Vision Zero initiatives and more bike lanes, people are still getting injured and dying.

Bicycle accidents just keep happening in NYC, especially at dangerous intersections like Columbus Circle or Union Square. The surge in bike use, whether among commuters or food delivery workers, has outpaced the city’s recent safety improvements. And what’s making things worse: some drivers treat cyclists as an annoyance or an obstacle rather than fellow road users with equal rights.

As a NYC cyclist, you have the same legal protections as motor vehicle drivers. And when drivers violate your rights and cause injuries, you could qualify for compensation. A Manhattan bicycle accident attorney can protect you from getting pushed into a minimal settlement by insurers assuming you won’t know your claim’s true value.

Common Ways NYC Cyclists Get Hurt

Cyclists get hurt in many different traffic scenarios across Manhattan, Brooklyn, Queens, and the Bronx. Some cyclists experience serious injuries while drivers may claim they never saw the bike. Here are some common causes of cycling accidents across NYC:

• “Dooring” Accidents: Car passengers, taxi passengers, and Uber riders may open doors wide without checking, potentially causing cyclists to slam into open doors. NY Vehicle & Traffic Law Section 1214 makes opening doors without due care illegal, which could strengthen your case in a lawsuit.

• Unsafe Turns: Drivers who make turns without checking for cyclists in their blind spots can cause severe crashes where cyclists had the right of way.

• Bike Lane Violations: NYC’s mix of painted bike lanes, protected lanes, and buffered lanes can confuse drivers, leading to violations and accidents. Cars parked or operated in designated bike lanes frequently force cyclists into dangerous inner-city traffic.

• Hit-and-Runs: Some drivers simply take off after hitting a cyclist. However, helmet cameras and surveillance footage can often identify hit-and-run drivers, and victims may be able to hold them accountable.

• Aggressive Driving: In the city that never sleeps, road rage incidents where drivers deliberately intimidate or threaten cyclists aren’t uncommon.

• Poor Road Conditions: Potholes, debris, and construction zones can become a hazardous obstacle course for cyclists or force them into road traffic unexpectedly. If you’re hurt in an accident involving a badly maintained road, the city may be liable for your damages.

No matter how you were hurt, whether you slammed into an open car door or were hit by a car on a bike, a NYC bicycle accident lawyer can help you get justice.

Struck by a Car on a Bike in NYC? What You Need to Know

Being hit by a car while cycling is not only upsetting, but the aftermath of an accident can also feel overwhelming, especially if you’re seriously injured. Here are some of the issues to be aware of: 

• No-Fault Benefits: You’re typically covered under the at-fault driver’s no-fault insurance. While this covers some medical bills and lost wages, basic no-fault coverage is only worth $50,000, which may not be enough if you have a severe injury.

• Serious Injury Claims: If your injuries meet New York’s “serious injury threshold,” you could file a lawsuit for full compensation beyond no-fault limits. Fractures, permanent injuries, and disfigurement typically qualify.

• Statute of Limitations: In New York, you have 3 years to file a personal injury claim against a driver. Missing the deadline could mean losing your right to compensation forever.

• Road Defect Claims: If poor road conditions contributed to your crash, you could have a claim against the NYC government. Claims against the government come with additional hurdles, such as a tighter timeline of just 90 days to file a notice of claim.

Cycling accidents aren’t your typical fender bender and can involve specialized legal rules with strict deadlines. Acting quickly and hiring a Manhattan bicycle attorney can be crucial for protecting your rights and compensation.

What Your NYC Bike Accident Case Could Be Worth

After an accident, you may not know the full extent of your injuries for a while. That’s typically when insurance companies will try to seize the moment to make a lowball settlement offer to try and take advantage of your vulnerability. Remember, depending on the facts of your case and the severity of your injuries, you could be entitled to so much more than just your immediate medical expenses and wage losses. Here’s what you could recover in a personal injury lawsuit:

Economic Damages

The cost of medical treatment after an accident doesn’t just involve emergency room visits, especially if you’re seriously hurt. For example, road rash requires specialized wound care and, in severe cases, even skin grafts. Fractures may need orthopedic specialists and multiple surgeries. And a traumatic brain injury may result in long-term neurological treatment. Not to mention the mental health toll an accident can take, potentially requiring counseling for anxiety and PTSD.

Then there’s the lost income if you can’t work during recovery. Permanent injuries may even reduce your future earning capacity for years or decades to come. And don’t underestimate property damage either: high-end bikes cost thousands to replace, and specialized gear adds up quickly.

Non-Economic Damages

For many New Yorkers, cycling is more than just a way to get from A to B. It’s their passion, stress relief, daily exercise, and more. The mental and physical impact of an accident injury can prevent individuals from getting back into the saddle and represent a major lifestyle change for cycle enthusiasts.

If you’re injured in a cycling accident in NYC, you could recover non-economic damages:

• Pain and suffering when extensively injured
• Anxiety about returning to NYC streets
• Loss of cycling for exercise and stress relief
• Disfigurement from road rash and facial injuries
• Reduced quality of life

In extreme cases involving drunk driving or deliberate cyclist harassment, a NYC court may award punitive damages to punish egregious conduct and deter future dangerous behavior. If you were injured and want to determine the value of your case, consider scheduling a free consultation with a NYC bicycle accident attorney.

What to Expect During Your Free Consultation with a NYC Bicycle Accident Attorney

Your free consultation is your opportunity to understand your case’s value and find the right personal injury lawyer for you. Make sure you come prepared with photos of your injuries and bike damage, the police report number, insurance information, and medical records. Here are some excellent questions to help you determine whether the attorney is the right match:

• Have you handled similar cycling accident cases to mine?
• What’s my case potentially worth?
• What are your fees, and will I have to pay any upfront costs?
• Have you won trials for injury victims?
• How often can I expect to communicate with you during the case?
• Will you be handling my lawsuit or someone else in your firm?

A good bicycle accident attorney in NYC will give you honest answers about your case’s merit and challenges, not just make unrealistic promises. They should understand cycling culture and the dangers you face on city streets. If you leave feeling confused or pressured after the free consultation, keep looking for a better match.

Berkowitz & Weitz Law, P.C. Fights for Injured NYC Cyclists

We’ve seen how serious cycling accidents can devastate lives. Don’t let insurance companies treat you like you did something wrong or don’t belong on NYC roads when someone else is responsible for your injuries and losses. Our Manhattan bicycle accident attorneys understand cyclists’ rights and have the trial experience to take on insurance companies that want to shortchange victims.

Berkowitz & Weitz Law, P.C. has recovered millions for accident victims throughout New York City, including those suffering severe injuries from careless drivers. We can fight for every dollar you deserve while you focus on recovery. Contact us today for a free consultation to learn about your rights and the next best steps.