Bicycles are a common means of transportation, recreation and exercise throughout New York. Bicycles offer very little in terms of protection from the hazards confronting a bicyclist on the roadways of New York. This can, and often does, lead to severe and catastrophic injuries to bicyclists when an accident occurs. Unfortunately, a large percentage of persons injured in bicycle accidents are children. Persons injured in bicycle accidents face unique legal challenges under the laws of New York which require specific knowledge and experience as it concerns the rights of bicyclists.

The majority of bicycle accident cases in New York involve contact with a motor vehicle that failed to yield the right-of-way at an intersection, or unexpectedly turned into the path of a cyclist, often making left turns in the path of an oncoming cyclist, or a motorist overtaking a bicyclist, often by misjudging the space needed to safely pass. Too frequently, motorists, including trucks and buses, cause bicycle accidents by failing to share the road, forcing cyclists off the road or into a collision.

Bicycle accidents also occur due to other factors which are often unique to the operation of a bicycle. Bicycle accidents often occur due to environmental factors such as defective roadway design or maintenance, impaired visibility and poor road and path conditions, including potholes, road debris, maintenance problems, and even dog attacks. An all-too-common scenario in New York is when a negligent motorist opens a car door directly into a cyclist's path. Another scenario somewhat unique to New York is that of a pedestrian struck and injured by a bicycle messenger or delivery person.

Bicyclists must observe the same rules of the road and be accorded the same rights as the operators of all other vehicles pursuant to New York State Vehicle and Traffic Law § 1231. However, a bicyclist is considered a pedestrian under the No-Fault Law in New York and is, thus, entitled to No-Fault coverage under most circumstances.

Bicyclists are also subject to various helmet laws codified in New York Vehicle and Traffic Law §1238. In New York, a child under the age of one year is prohibited from being a passenger on a bicycle. Passengers and operators under fourteen years of age are required to wear protective headgear. All other bicyclists are not required to wear a helmet.

It is also important to fully understand what the helmet is designed to protect. For an impact at speeds in excess of 15-20 miles per hour, a bicycle helmet is less likely to prevent a serious head or brain injury. Under US standards bicycle helmets are tested in 2 meter drops that achieve about 14 miles per hour (22.5 kph) on a flat anvil. In a famous article in the New England Journal of Medicine, it was determined that wearers of bicycle helmets had an 85% reduction in their risk of head injury and an 88% reduction in their risk of brain injury. A Case-Control Study of the Effectiveness of Bicycle Safety Helmets, Robert S. Thompson, M.D., Frederick P. Rivara, M.D., M.P.H., and Diane C. Thompson, M.S. N Engl J Med 1989; 320:1361-1367, May 25, 1989.

Minor head injuries are usually the result of linear acceleration of the skull by impact with another object. Bicycle helmets can help prevent head injuries by reducing and spreading this force. More serious injuries, on the other hand, are often as a result of angular or rotational acceleration, which leads to diffuse axonal injury (DAI) and subdural hematoma (SDH). These are the most common brain injuries sustained by road crash victims that result in death or chronic intellectual disablement. Bicycle helmets are not designed to mitigate rotational injuries, and research has not shown them to be effective in doing so. Curnow WJ. The efficacy of bicycle helmets against brain injury. Accident Analysis and Prevention, 2003,35:287-292

The attorneys at Gair, Gair, Conason, Steigman, Mackauf, Bloom & Rubinowitz advocate for our clients' full financial recovery through detailed, meticulous preparation for trial. If you have suffered a serious personal injury or a loved one died as a result of a bicycle accident, please Contact our firm to discuss your case.