by Andrew Weitz

Bicycle and Pedestrian Accident Attorneys in New York

If you have been injured in a bicycle or pedestrian accident in New York, you may be entitled to compensation for your injuries. At Berkowitz & Weitz Law, P.C, we have a team of experienced attorneys who can help you get the compensation you deserve.

The dangers of cycling and walking in New York City

New York City can be a dangerous place for cyclists and pedestrians. Traffic congestion, distracted drivers, and poorly maintained roads all contribute to the risk of accidents. In recent years, there has been a rise in the number of cyclist and pedestrian fatalities and injuries. E-bikes are involved in a significant number of these accidents.

Several factors contribute to these incidents, often unique to the operation of bicycles:

Defective Roadway Design or Maintenance: Poorly designed or maintained roads can lead to dangerous situations for cyclists. Potholes, road debris, and maintenance problems are common culprits.
Impaired Visibility: With the city’s constant hustle and bustle, impaired visibility can pose a significant risk, particularly in low-light conditions or during inclement weather.
Unique Scenarios: In New York, it’s not uncommon for pedestrians to be struck and injured by bicycle messengers or delivery persons, adding to the complexity of urban cycling safety.

These factors, compounded by the city’s dense traffic and bustling pedestrian activity, highlight the need for enhanced safety measures and awareness among both cyclists and pedestrians. By understanding these risks, we can work towards creating safer streets for everyone.

How Environmental Factors Contribute to Bicycle Accidents

Bicycle accidents are often the result of environmental conditions that present unique challenges to cyclists. Understanding these factors can help in taking preventative measures to ensure safer rides.

Roadway Design and Maintenance

Deficient roadway design or lack of proper maintenance can be a major hazard. Roads that aren’t designed with cyclists in mind often lack adequate space, making navigation difficult. Additionally, poorly maintained roads with potholes or uneven surfaces can lead to loss of control and accidents.

Visibility Concerns

Impaired visibility is another significant contributor. Cyclists may find themselves in danger due to low light conditions, inadequate street lighting, or obstructions that block their view. Such visibility issues can make it harder for cyclists to notice hazards or for drivers to see them.

Road and Path Conditions

The actual condition of roads and cycling paths plays a critical role. Hazards like debris, gravel, or surface irregularities can cause cyclists to swerve unexpectedly or skid, leading to accidents. Furthermore, interactions with natural obstacles such as loose animals can also pose direct threats.

By addressing these environmental factors, both cyclists and urban planners can work towards creating a safer cycling environment.

Your legal rights after a bicycle or pedestrian accident

If you have been injured in a bicycle or pedestrian accident, you have the right to file a personal injury lawsuit against the party responsible for your injuries. This could be the driver of a motor vehicle, the owner of a property, or a government agency.

Understanding Common Bicycle Accident Lawsuits in New York

Bicycle accidents in New York can result in a variety of legal cases. The most frequent involve interactions with motor vehicles and challenging road conditions. Here’s a closer look at the typical scenarios:

Motor Vehicle-Related Accidents

Intersection Collisions
Many accidents occur when vehicles fail to yield the right-of-way at intersections, leading to dangerous collisions with cyclists.
Unexpected Turns
A common situation is when motorists make sudden turns, especially left ones, directly into the cyclist’s path, often without proper signaling or awareness.
Overtaking Misjudgments
Drivers frequently miscalculate the space required to pass cyclists safely, resulting in close calls and potentially severe crashes.
Lack of Road Sharing
Some drivers, including those operating large vehicles like trucks and buses, do not adequately share the road, forcing cyclists into precarious situations or off the road entirely.
Dooring Incidents
“Dooring” incidents occur when a vehicle occupant opens a door into the path of a cyclist without checking for oncoming traffic, a surprisingly common cause of accidents in urban settings.

Environmental and Other Factors

Bicyclists also face hazards from their environment and specific city conditions:

Poor Road Conditions
Hazards like potholes, road debris, and general maintenance issues pose significant risks to cyclists.
Defective Design or Maintenance
Cases may arise from poorly designed or maintained roads and bike paths that contribute to accidents.
Visibility Issues
Poor lighting or obstructed views can make it challenging for both cyclists and drivers to notice each other until it’s too late.
Unique Local Challenges
In urban areas like New York, accidents can also involve pedestrian-cyclist incidents, such as those involving bicycle messengers and delivery personnel.

These various factors contribute to the complexity and diversity of bicycle accident lawsuits in New York, highlighting the importance of awareness and safety for both cyclists and motorists.

How a Bicycle or Pedestrian Accident Lawyer Can Help

A bicycle or pedestrian accident lawyer can help you navigate the legal process after an accident. They can investigate your accident, gather evidence, and negotiate with insurance companies on your behalf. An attorney can also represent you in court if necessary.

Why Choose Berkowitz & Weitz Law, P.C

At Berkowitz & Weitz Law, P.C, we have a proven track record of success in helping injured cyclists and pedestrians obtain compensation for their injuries. We are committed to providing our clients with personalized attention and aggressive representation.

Our legal team is known for its dedication to meticulous case preparation, ensuring every detail is addressed to maximize your chances of a successful outcome. This thorough approach has earned us the trust of both our peers and clients alike.

Our attorneys are not only well-regarded in the legal community but are also actively engaged with local cycling and pedestrian safety organizations. This involvement keeps us connected to the issues that matter most to our clients, allowing us to advocate effectively on their behalf.

When you choose Berkowitz & Weitz Law, P.C, you’re selecting a team that values transparency, communication, and results. Whether you’re an avid cyclist or a concerned pedestrian, our expertise and community engagement make us the right choice for your legal needs.

These cases highlight the serious consequences that can arise from bicycle accidents and the substantial compensation that may be pursued in such matters.

Contact us today for a free consultation

If you have been injured in a bicycle or pedestrian accident, contact Berkowitz & Weitz Law, P.C today for a free consultation. We will review your case and advise you of your legal options.

Injury & Fatality Data

What are the statistics on bicycle accident fatalities and injuries in New York City in recent years?

The statistics regarding bicycle accident fatalities and injuries in New York City show varying trends over different time periods.

In July and August of 2022, there were a total of 4 bicycle accident fatalities, with 3 in July and 1 in August. This was an increase from the previous year’s numbers for the same months. From January to August 2022, a total of 9 people lost their lives in bicycle accidents in New York City, showing a rise compared to the same period in the years 2021, 2020, and 2019.

Despite efforts to improve infrastructure, fatalities remain a concern, particularly outside Manhattan. Brooklyn, for example, reported the highest number of cyclist fatalities in 2022, with incidents also significantly impacting the Bronx, Manhattan, and Queens.

Bicycle Accident Injuries
Injuries followed a similar upward trend. During the summer months of 2020, injuries surged above 600 monthly as new cyclists took to the streets, only to decline below 500 in the following years as people adapted or abandoned cycling. However, 2022 saw an influx of tourists contributing to higher injury numbers, with 527 and 530 reported in July and August, respectively.

Q1 2023 Fatalities and Injuries
Moving on to Q1 2023, the data revealed a record high of 9 cyclists killed in crashes. Among the fatalities, 7 were riding electric bikes, and 2 were on regular bicycles. Notably, most of the e-bike riders lost their lives in crashes not involving other vehicles. Additionally, out of the 5 fatal crashes involving vehicles, trucks and SUVs were the most common types involved in accidents with cyclists.

Q1 2023 also saw a spike in bicycle accident injuries, with 809 cyclists injured compared to the previous year. This rise could be attributed in part to the warm winter experienced during these months.

Furthermore, a concerning fact emerged during Q1 2023 – 5 of the 9 fatal bicycle accidents occurred in the first two months of the year. This data was particularly alarming as January and February are typically months with low occurrences of bicycle accident fatalities. This marked the third instance in recent years where a record number of bicycle accident fatalities were recorded during the first two months of the year, emphasizing the need for enhanced safety measures.

Geographical Injury Data
Brooklyn led in injuries too, with 1,879 cyclist injuries in 2022, along with 920 injuries among e-mobility users like e-scooters and mopeds. Manhattan, Queens, and the Bronx followed, each with hundreds of incidents, highlighting the widespread nature of the issue across the city.

By examining these detailed statistics, it’s evident that both fatalities and injuries remain on an upward trajectory, necessitating urgent and comprehensive safety interventions.

NYC personal injury lawyer selection

How many people are killed or injured in bicycle accidents in New York City?

According to recent statistics released by the New York City Police Department (NYPD), there has been a concerning increase in fatalities and injuries related to bicycle accidents in the city. From January 1st to August 31st of this year, a total of 9 individuals lost their lives due to bicycle accidents, marking a rise from the previous years. Similarly, the number of bicycle accident injuries remains alarmingly high, with 527 and 530 reported injuries in the months of July and August 2022, respectively. These numbers reflect an ongoing trend of fatalities and injuries among cyclists in New York City, highlighting the urgent need for enhanced safety measures and infrastructure, particularly outside of Manhattan. As the city continues to see increased tourism and activity, it is crucial to address these risks and prioritize the safety of cyclists on the roads.

When examining bicycle and e-mobility injuries across New York City‘s boroughs, Brooklyn takes the lead with the highest numbers. Here, 1,879 cyclists and 920 users of other e-mobility devices suffered injuries. Following Brooklyn, Manhattan recorded 1,394 injuries among cyclists and 366 involving other e-mobility users.

Queens reported injuries to 811 cyclists and 554 e-mobility riders, while the Bronx saw 521 cyclists and 342 e-mobility users injured. Staten Island experienced the fewest incidents, with 71 injuries involving cyclists and 21 concerning other e-mobility devices.

In summary, Brooklyn stands out as the borough with the most injuries, particularly for those using bicycles and e-mobility options.

What are the most common bicycle accident injuries?

The most common injuries sustained in a bicycle accident include head injuries like skull fractures and traumatic brain injuries, facial injuries such as facial fractures, including jaw fractures or broken bones, broken bones in the legs, arms, shoulders, and neck, chest trauma like rib fractures, and abdominal injuries such as ruptured spleen, pancreatic trauma, or other internal injuries.

What Bicycle Accident Injuries Can a Helmet Prevent?

Understanding the protective capabilities of a bicycle helmet is crucial for any cyclist. Helmets are primarily designed to shield the head during low-speed impacts, generally below 15-20 miles per hour. In such scenarios, helmets can significantly reduce the risk of head injuries.

Impact and Effectiveness

Speed Impact: Most helmets are tested under conditions simulating falls from approximately 2 meters, reflecting impacts up to about 14 miles per hour. This standard helps in reducing the likelihood of head injuries during typical cycling mishaps.
Statistical Benefits: Research, such as the influential study published in the New England Journal of Medicine, shows that wearing a helmet can lower the risk of head injuries by as much as 85% and brain injuries by up to 88%.

Types of Injuries Mitigated

Linear Impact Injuries: Helmets are particularly effective in preventing injuries resulting from direct impacts, where the skull hits a hard surface in a straight line. This typically involves linear acceleration and can be mitigated by the helmet’s ability to absorb and distribute force.
Surface Abrasions and Lacerations: The helmet’s outer shell can also protect against cuts and scrapes on the head, common in falls or collisions.

Limitations

Rotational Injuries: More severe brain injuries, such as diffuse axonal injuries (DAI) and subdural hematomas (SDH), often occur due to rotational forces rather than direct impact. Studies suggest that current helmet designs are less effective against these types of injuries as they do not adequately address rotational acceleration.

In summary, while helmets are crucial for reducing the risk of certain head injuries, their effectiveness in preventing catastrophic brain injuries resulting from complex rotational forces is limited. Adopting additional safety measures, such as cautious riding practices, is essential for comprehensive protection on the road.

Are there specific laws regulating bicyclists in New York City and NY State?

Yes, there are specific laws regulating bicyclists in both New York City and New York State. Bicyclists in New York must adhere to the same rules of the road as other vehicle operators and are entitled to the same rights. Additionally, there are specific regulations regarding helmet laws for bicyclists in New York, including age restrictions for passengers and the requirement for protective headgear for those under fourteen years old. Bicyclists are considered pedestrians under the No-Fault Law in New York, which entitles them to No-Fault coverage in most situations. These laws are codified in the New York State Vehicle and Traffic Law, including sections related to helmet requirements and passenger restrictions for bicyclists.

Disclaimer
This content is for informational purposes only and should not be construed as legal advice. Please consult with an attorney to discuss your specific situation.