In my experience, bicycle cases present factual and legal issues that are different than regular automobile accident cases.  They are not simple matters and having an attorney who knows about bicycle injures is important. The view from the saddle is different from that in an automobile.

When a tire gets caught in a road rut, or goes off a ledge in an area that is being paved, the In most instances, the State owes a non-delegable duty to keep the roadways in a reasonably safe condition. This responsibility is on the Roadway Owner – City (such as NYC) – State – Local County (such as Orange County, NY). There is no obligation on the Municipalities to keep the road absolutely perfect.  To show that the City or State is at fault the Plaintiff has to show that the State created the dangerous condition, or was aware of the dangerous condition and did nothing to fix it, before the danger caused the accident.

Keeping roadways safe is also not always about the condition of the roadway.  For example the intersection of 97th Street and Columbus Avenue was designate as a high pedestrian/bicycle crash location. As a result of the continued accidents at that location the City put into place modifications at the intersection including new walk signals, discussed pedestrian safety bump outs and other roadway signs.

Uneven pavement caused by construction activity can be considered hazardous.  If the road is really bad or there are several large issues that cause the bicycle to lose control and fall, then there is a possibility that there can be a case.  There are issues when loose gravel is left on the roadway.  If the wheels get caught up in the gravel the bicycle can stop all of a sudden, if there is a droop off of over 2” then there can be a case because the area was not made safe.  There are cases where experts have said that the failure to protect or prevent a drop off of this size that can certainly lead to an accident and injury is negligence.

Backed by more of 30 years of experience Barton L. Slavin, Esq., is committed to helping accident victims obtain the largest possible settlements and verdicts for their injuries. Slavin and Slavin, Esqs. – New York accident attorneys are concerned with your full recovery, both physical and financial, we will do everything we can to help you secure the compensation you deserve.

If you have been injured in a bicycle accident you should call Barton L. Slavin, Esq., as soon as possible.  Make sure that you take photographs because the situation can change, the snow and ice or roadway can change, the bruises heal.   Photographs are a valuable litigation tool.

Barton Slavin

With over thirty three (33) years as a practicing attorney Barton L. Slavin, Esq. leads a staff and network of experienced attorneys that meets both corporate and personal legal needs.

Contact Barton Slavin, Esq. of Slavin & Slavin, Esqs. at (212) 233 -1010 or send an email to barton@nycattorneys.com. Consultations are free.

We work hard to make sure that all of your concerns are properly addressed and that your matter is resolved in a timely manner. Slavin & Slavin Attorneys at Law

What makes Barton L. Slavin different from other attorneys is that he has an in-depth knowledge of the medicine and an understanding of effective communication methods to present a case to the jury in the Courtroom or the Mediator in a settlement meeting.

Your case will be prepared with the guidance and advice of Hon. Joseph Slavin, who as a Trial Judge for 20 years presided over approximately 1,000 Jury Trials (Medical Malpractice, Tort, Felony Criminal Cases including Homicide and Drug Cases).

Barton L. Slavin received an AV Rating of Very High / Pre-eminent Martindale Hubbell Lawyer Rating. This is the highest ranking, which signifies that the lawyer has reached the heights of professional excellence.