This week a Judge in the Supreme Court, New York County, determined that the operator of a New York City Transit Authority bus was responsible for causing the crash between his bus and our client, a New York City cyclist. The cyclist was traveling on the Central Park Transverse when the bus attempted to over taken him from behind. While doing so, the right front corner of the bus struck the rear tire of our clients bike.
The Court determined that the bus operator failed to treat the cyclist as a "vehicle" and unsafely attempted to pass him in violation of VTL 1122(a). The Court also determined that the operator failed to brake, slow, or otherwise operate his bus on a NYC street in a safe manner endangering the rights of a New York City cyclist.
En light of all the recent fatalities in NYC this year involving cyclists and pedestrians we are glad that the Court recognized the obligation of New York City bus operators to operate safely on NYC streets and to hold them responsible when the fail to do so.
Damages of this trial will be held this fall.