Bike Lane Crashes in New York
The Department of Transportation continues to create miles of bike lanes throughout New York City to help facilitate cycling in our city. In New York City, if you ride outside of a bike lane when one is available for use, you will be subject to a bike ticket for a violation of 34 RCNY 4-12(p)(1).
This code states that bicyclists must ride in usable bike lanes, unless they are preparing to turn, or are avoiding unsafe conditions (including but not limited to, fixed or moving objects, motor vehicles, bicycles, pedestrians, pushcarts, animals, and surface hazards).
Bike lanes bring along with them safety improvements for the entire street and every street user -- not just for people riding bikes. According to the DOT's Pedestrian Safety Study and the most recent Sustainable Streets Index, streets with bike lanes have about 40 percent fewer crashes ending in death or serious injury, and that's for all street users: drivers and pedestrians included. For example, after a parking-protected bike lane was installed on Manhattan's Ninth Avenue, all traffic-related injuries dropped by 50 percent. Injuries to pedestrians dropped by 29 percent and injuries to cyclists dropped by 57 percent.
Even in a clearly marked bike lane, and while observing the law, cyclists are still subject to crashes with parked and moving motor vehicles. Cyclists can be especially vulnerable to "doorings," as the bike lane can trap the rider between parked vehicles on one side, and an opening door on the other. A scenario like this leaves the cyclist no room to maneuver around the opening door. Striking an opening door can cause a serious injury to the rider and subjects the car operator and owner to liability for the crash.
It is illegal for a vehicle to block or obstruct a bike lane. Section 4-08(e) " No Stopping Zones (Stopping, standing, and parking prohibited in specified places). No person shall stop, stand, or park a vehicle in any bicycle lanes or within a designated bicycle lane...." If a vehicle or object obstructs a bike lane and a crash occurs, that person or company can be liable of the obstruction was the proximate cause of the crash and injury.
Bike Lane Construction
When a street is being renovated or construction effects a bike lane, the City or Contractor must adhere to the following:
§ 19-159.3 Temporary bicycle lanes.
a. Definitions. As used in this section, the following terms have the following meanings:
Bicycle lane. The term “bicycle lane” means a portion of the roadway that has been marked off or separated for the preferential or exclusive use of bicycles.
Temporary bicycle lane. The term “temporary bicycle lane” means a bicycle lane intended to be used for a limited period of time during which construction or other work prevents or otherwise affects use of a bicycle lane on a roadway, street segment or intersection.
b. Requirements. Any permit issued by the commissioner authorizing work affecting a street segment or intersection that has a bicycle lane shall include a stipulation requiring that the applicant maintain a temporary bicycle lane, and shall specify the particular manner in which the applicant shall maintain the temporary bicycle lane for such street segment or intersection. Notwithstanding the foregoing, in the event the commissioner determines that maintenance of a temporary bicycle lane is not feasible on such street segment or intersection, such determination shall not prohibit issuance of the permit, provided however that the permit shall set forth such other measures the applicant must take to protect public safety, including persons utilizing bicycles on such street segment or intersection.
Central Park Bike Crashes
With cars now banned from the park, it just got a lot safer. However, if you ride in Central Park, you know how dangerous it is for cyclists. Between runners, tourists, and dog walkers, a rider needs to be extremely vigilant when cycling in the park. To help combat this danger, the New York City Dept. of Transportation is proposing new rules for the parks loops. To view the proposal, click here.
The Full Text of Section 4-12 of the City Rules Regarding the use of Bike Lanes
p) Bicycles.
(1) Bicycle riders to use bicycle lanes. Whenever a usable path or lane for bicycles has been provided, bicycle riders shall use such path or lane, only except under any of the following situations:
(i) When preparing for a turn at an intersection or into a private road or driveway.
(ii) When reasonably necessary to avoid conditions (including but not limited to, fixed or moving objects, motor vehicles, bicycles, pedestrians, pushcarts, animals, surface hazards) that make it unsafe to continue within such bicycle path or lane.
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"Went above and beyond to get a favorable settlement"Dan and his team were quick to respond after my bike accident and went above and beyond to get a favorable settlement.- Jared
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"Daniel and his team made what was a stressful situation much less overwhelming"After being hit on my bike, Daniel and his team made what was a stressful situation much less overwhelming. Daniel himself explained everything thoroughly and I felt supported throughout the whole process with followup from his team. Super grateful to have found Daniel and wouldn't hesitate to recommend him.- Cody
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"Phenomenal Team!"The team here is nothing short of phenomenal. I reached out about my case on a Sunday afternoon from the hospital and we spoke before the evening was over. Since then, they have been happy to answer any question I have, and walked me through the entire process from handling my no-fault insurance to ultimately getting a settlement offer.
To any cyclist in search of a lawyer who understands the challenges of biking in this city, look no further than Daniel and his team.- Conor -
"I am grateful to her and her firm for their expertise and diligence."Almost 4 years ago I was struck by a delivery truck while on my bike and suffered a shattered wrist. Cathy Flanzig guided me through the process of bringing a suit against the company that owned the truck and the driver. Ms. Flanzig was professional and compassionate and realistic throughout the whole process. I am grateful to her and her firm for their expertise and diligence.- Kathe D.
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"Combination of legal expertise with a compassionate approach"If you are in search of a lawyer who combines legal expertise with a compassionate approach to client care, look no further than Daniel Flanzig and his team at Flanzig and Flanzig. From start to finish, Daniel not only holds an impressive depth of legal knowledge, especially in bicycle laws, but also a remarkable commitment to achieving the best possible outcome for me. Daniel took the time to thoroughly understand the nuances of my case, patiently listened to my concerns, and provided clear, concise explanations of the legal strategies available. This level of transparency and communication instilled a sense of confidence and reassurance during what was initially a daunting process. I highly recommend him for anyone seeking top-tier legal representation.- Runa R.
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"Supported me since DAY ONE of my 2.5 year journey!"Daniel Flanzig was with me on DAY ONE of my 2.5 year journey through the fractured legal system following a serious bicycle accident which left me with two broken wrists. The thirteen day hospital stay included surgeries on both, titanium plates implanted on both, and a severe challenge to my mental health and way of life. Unfortunately, I needed two
more surgeries on the significantly more damaged right wrist. Dan navigated me through the strained New York City Medical System, still struggling in late 2021 from the wrath of COVID. When the lawsuit needed to be moved to New Jersey, Dan seamlessly transferred the case to Joseph G. Hughes. Both men proved to be upstanding attorneys and outstanding human beings, emotionally invested in my traumatic, drawn-out experience, and committed to reaching the settlement deserved. After matters were resolved by Mr. Hughes, I received a call from Dan, closing this chapter of our time together, but cementing a lifelong connection filled with the utmost respect and gratitude.- Marty Keiser -
"Helped me through a difficult time with great results!"I recently suffered a grievous injury being struck by a drunk driver while cycling, when dealing with short-term disability, hospital bills, and all manner of associated paperwork I received care and support from the lawyers at Flanzig & Flanzig. Can't recommend their services enough, they really helped me through a difficult time with great results!- Brandon W.
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"Ever since my accident, they paid close attention to my needs & welcomed any questions."Exceptional lawyers with great client services. Ever since my accident they paid close attention to my needs and welcomed any questions. Any issue I had was met with a prompt response via phone or email. They made the process easy and produced results. I would definitely return if I ever needed their services again.- Efren V.
Why Choose Flanzig & Flanzig, LLP?
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Leaders in the Safe Streets Movement
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Top-Rated New York Attorneys
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