Bike Accidents Involving Street Defects, Pot Holes, and other Road Conditions
New York City Cyclists: Beware of Roadway Hazards
Street defects and other dangerous roadway conditions for cyclists include:
- Pot Holes
- Road Hardware such as Manhole Covers and Utility Vaults
- Construction Plates
- Road Cuts, Trenches, and other Temporary Paving
- Grates and Sewers
- Construction Debris and Negligently Placed Equipment
- Negligently Placed Dumpsters or Other Demolition Equipment
- Hummocks
- Ponding
- Improperly marked or placed speed bumps or speed humps
If you are a cyclist who suffers an collision as a result any of the above street conditions, we may be able to help. The most difficult case to prove is a case involving a pothole in a city street. In almost all cases in New York, you must prove that the City or Municipality had "prior written notice of the defect" before your accident occurred. However, if you can prove that the City of Municipality "affirmatively" created the condition, worked in the area, or otherwise had notice, you might be able to maintain a lawsuit. To learn more read our " Wheels of Justice" article on this issue by clicking here.
If you were involved in a crash due to a road defect, REPORT IT! Even if you were not hurt, by reporting it you help protect your fellow cyclists who may later face the same defect and not be so lucky. See a Street Defect, take a picture or video and report it!.
Identifying Ownership of NYC Road Hardware
Utility Companies normally have markings on street hardware. The markings are in the form of abbreviations, such as MGO or WSNY. For a list of typical markings, click here. There is no guarantee that the marking is accurate or that it demonstrates the true owner. Further investigation is always needed.
The law is different when it comes to road hardware, such as man holes and vaults that may be owned and maintained by private companies, municipal authorities, such as the Transit Authority, or utility providers such as Consolidated Edison (Con Ed) or Verizon. These entities are required by the New York City Administrative Code to maintain the area 12" inches around the structure, flush with the road surface. (11 RCNY2-14) This is what we call the 12" Rule, and it creates a basis for liability for the entity that owns and maintains the street hardware.
New York City's 12" Rule and Your Safety
Understanding Maintenance Obligations
(1) The owners of covers or gratings on a street are responsible for monitoring the condition of the covers and gratings and the area extending twelve inches outward from the perimeter of the hardware;
(2) The owners of covers and gratings shall replace or repair any cover or grating found to be defective, and shall repair any defective street condition found within an area extending twelve inches outward from the perimeter of the cover or grating.
(3) Street hardware shall be flush with the surrounding street surface. Street hardware which is greater than ½"above or below the street surface . . . shall be replaced or adjusted . . . ."
Securing Street Plates: A Contractor's Responsibility
Street opening plates (traffic plates) are required to be "pinned" in place so that they do not shift or move from vehicle traffic, and should ramped in order to keep them in secure positions, as well as a smooth transition as one traverses the plate. If a street opening is made by a contractor and plates are used, the responsibly to properly pin and ramp the plate, as well as to properly maintain the surrounding roadway, lies with the contractor.
By statute, a contractor working on a city street or sidewalk is required to keep all areas used by the public in a safe condition and it "shall be maintained free from debris, equipment, materials, projections or conditions that may cause a slipping, tripping or other hazard" In addition, "waste dumpsters and debris, debris boxes should be secured and those containing material or debris shall be covered at the end of each workday".
In one of our cases, we once represented a cyclist who was injured when the tarp on top of a dumpster was not properly secured and was allowed to blow loose and into the cyclist path. As a result, the cyclist lost control of his bike, crashed, and his ankle was run over by an unidentified truck. While we were never able to identify the truck that struck our client, we were successful in our suit against the contractor and building owner in the claim for negligent placement of the dumpster and the failure to secure the tarp.
Injured by NYC Road Defects? Contact Us for Legal Help
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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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Committed Advocates for New York Cyclists
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Top-Rated New York Attorneys
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Dedicated to Helping Cyclists
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