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.

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. 

Your Rights as a Bicyclist in New York

Understanding your rights as a bicyclist is essential for navigating New York's busy streets safely. At Flanzig & Flanzig, LLP, we believe that every cyclist should be aware of their legal protections and responsibilities while riding. Whether you're commuting through Brooklyn or taking a leisurely ride through Central Park, knowledge is your best defense in case of an accident.

Here are some key rights and responsibilities every cyclist should know:

• Right to the Road: Bicyclists have the same rights as motor vehicle drivers to use the roadways, including bike lanes when available.
• Helmet Laws: While New York law requires cyclists under the age of 14 to wear helmets, it's always advisable for adult cyclists to do the same to enhance safety.
• Traffic Regulations: Cyclists must obey all traffic signs and signals, just like any other vehicle. This includes stopping at red lights and yielding to pedestrians.
• No Riding on Sidewalks: Riding on sidewalks is typically prohibited unless designated as a bike path, so be sure to stay on the road.
• Accident Protocol: In the event of an accident, you have the right to seek compensation for injuries and damages. Always document the incident and gather witnesses if possible.

By familiarizing yourself with these rights, you can contribute to a safer cycling environment and feel empowered to advocate for yourself in the event of an accident. If you've been involved in a bike lane crash, don't hesitate to reach out to our experienced legal team who can help protect your rights and fight for your compensation.

Understanding Your Rights After a Bike Lane Accident

Being involved in a bike lane crash can be a traumatic experience, often leading to physical injuries and emotional distress. It's crucial to understand your legal rights and options following an accident. At Flanzig & Flanzig, LLP, we are dedicated to helping you navigate the complexities of personal injury law and ensuring that you receive the compensation you deserve.

Here are some key points to consider if you find yourself in this unfortunate situation:

• Document the Scene: Gather evidence right after the incident occurs. Take photos of the accident scene, vehicle positions, road conditions, and any visible injuries.
• Seek Medical Attention: Always prioritize your health. Even if injuries seem minor, it’s advisable to get checked out by a healthcare professional.
• Identify Witnesses: Collect contact information from anyone who witnessed the accident. Their testimonies may prove crucial in building your case.
• Consult a Legal Expert: Engaging with a law firm specialized in bike lane accidents can significantly impact the outcome of your case. Our experienced attorneys can guide you through the process, from filing claims to representing you in negotiations or court.

No one should have to face the aftermath of a bike lane accident alone. At Flanzig & Flanzig, LLP, we are here to advocate for your rights and help you reclaim your peace of mind.