Manhattan Injury Lawyer Herman & Herman
Manhattan bicycle injury attorney Glenn Herman discusses legal issues related to winter bicycle accidents in New York City
Manhattan, NY, Jan 2, 2021 (GLOBE NEWSWIRE) – Manhattan-based cyclist attorney Glenn Herman, a New York City personal injury attorney, has an update for you. Winter can be a great time for cycling in New York City. There are fewer cyclists on the streets and in the parks and the bike paths are less crowded. A clear, sunny winter day can be an excellent time to get exercise or to commute to work. This year the pandemic turned the world upside down. “According to the Department of Transportation, the average number of cyclists crossing the East River Bridges in October, the last available month, increased 30% year over year.” Cold weather cycling is a safe and socially distant way to get around New York City. The mask you are wearing due to the pandemic will help keep the wind off your face.
Snow and ice, however, pose dangers that are not present in clean and dry soil. Bicycle accidents caused by snow or ice on the road or on a bicycle lane pose difficult legal problems for people who are seriously injured in such accidents.
The New York Department of Sanitation, DSNY, is responsible for clearing snow from the city’s 19,000 lane miles. To prepare for snow, DSNY staff begin equipment, including loading salt shakers, installing plows, preparing tire chains, and notifying additional staff. “” As a recent snowstorm just demonstrated, clearing snow from protected bike lanes is a difficult endeavor and a challenge to keep many miles of usable bike lanes free of snow. This problem is exacerbated by the fact that many protected bike lanes are too cramped for most of the New York plumbing division’s equipment. “The plumbing division has about 100 narrower snow removal machines, but that doesn’t seem enough to cover the entire city:” resulting in snow-covered impassable bike paths for cyclists to use Road need to drive to de them n exposure to vehicle traffic hazards.
Should a cyclist suffer and become a victim of a bicycle accident and serious injury due to snow and ice on the road or on a cycle lane, the medical bills will in most cases have to be paid by the cyclist’s health insurance. While a claim for noneconomic damage or money for pain and suffering from injury from snow and ice accidents is permitted by holding the City of New York or another owner responsible for not clearing snow and ice in a timely manner produces the dangerous injury causing condition can be a difficult burden.
If a cyclist is injured due to a faulty condition on a road such as a pothole, steel structure plate, unmarked speed bump, or other defect, different rules apply. In such circumstances, a cyclist’s ability to compensate for monetary damage is less difficult than if the injury was caused solely by snow and icy conditions.
Under New York’s No Fault Insurance Act, injured cyclists are entitled to their medical bills, lost wages, and other damage if bikers are involved in injuries that cause accidents involving motor vehicles such as cars, taxis, buses, and trucks, regardless of the cost of the weather paid for by the insurance of the vehicle concerned. Under Article 51 of the New York Insurance Act, the window of time to file a claim for good insurance is short. Therefore, people injured as a result of a motor vehicle accident should not delay filing a claim with the relevant insurance company.
Cyclists who have sustained “Severe injury” from an accident with a motor vehicle, are also entitled to sue for non-economic or pain and monetary damage suffered. As with your no fault claim, it is important to speak to a skilled Manhattan bicycle injury attorney immediately so that the right steps can be taken to protect your legal rights.
Contact the law firm using the link below:
Resource from Glenn Herman, New York City Bicycle Accident Attorney – 25 Bicycle Injury Statistics You Need to Know
R William – 212-966-1928
Herman & Herman PC
589 8th Avenue, 21st floor, Suite D.
New York, NY 10018
References and table of contents for the following New York City publications and resources. https://gothamist.com/news/guide-winter-biking-nyc?mc_cid=b980ee723f&mc_eid=f44dd45b7a&utm_campaign=b980ee723f-GOTHAMIST_DAILY&utm_medium=email&utm_sourceG  https://www1.nyc.gov/assets/dsny/downloads/pdf/streets-and-sidewalks/snow-faq.pdf  https://nyc.streetsblog.org/2020/12/17/its-snow-problem-for-drivers-but-a-hot-mess-for-cyclists-thanks-to-city-prioritizing-cars/  https://www.nysenate.gov/legislation/laws/ISC/A51
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Manhattan Injury Lawyer Herman & Herman