Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf is a New York Plaintiff's personal injury law firm specializing in automobile accidents, construction accidents, medical malpractice, products liability, police misconduct and all types of New York personal injury litigation.

Articles Tagged with Bicycle accident

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Car are dangerous to pedestrians and cyclistsAmong rich countries, America is one of the most dangerous for road users especially pedestrians and cyclists.  In The Exceptionally American Problem of Rising Roadway Deaths, an article recently published by the New York Times,Emily Badger and  take an in-depth look at road fatalities in the US compared to other rich countries. They found out that during the Covid19 crisis, most countries in the world saw a decline in fatalities with the exception of the United States, Switzerland and Ireland.  When  comparing national traffic fatalities in 2020 to an average yearly traffic fatalities in 2017 to 2019 , Italy, Hungary, Turkey, Spain, France and Sweden all saw a decline or more than 20% in road fatalities. Italy recorded a 27% decline in traffic fatalities while the united States had a 5% rise in traffic fatalities.

While most rich countries have developed bicycle and pedestrian friendly infrastructures over the last decade, the United States did not do as much

While many countries started to take measures to protect pedestrians and cyclists such as protected bike lanes, lowering of speed limits and adopting safe vehicle technologies such as automatic braking systems, cars got bigger and deadlier in the United States.

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simon-cowell-twitterA few days ago, Simon Cowell broke his back in a self inflicted e-bike accident. He broke his back in several places and had to undergo a 6-hour long surgery.  “If you buy an electric trail bike, read the manual before you ride it for the first time,” he tweeted on Sunday night.  Electrical bicycles are becoming more and more popular but how safe are they?  In New York, e-bike and scooters were legalized last March as the coronavirus pandemic hit the city and people were reluctant to use public transportation.

Less expensive than a car and allowing to travel longer distance than a bike, electrical bicycles have become an attractive alternative to public transportation especially during the pandemic. While e-biking is quite a new thing for New Yorkers, it has been a popular mode of transportation in Switzerland for more than 15 years. In 2013, Doctors at the University Department of Emergency Medicine in Bern, the capital of Switzerland published a detailed study on e-bike injuries based on patients admitted at the ER between April 2012 and September 2013. They found that most patients were male with a mean age of 47.5 year old and that most injuries were caused by self inflicted accident. Head and neck injuries were the most common. Among the patients studied, 9 were treated as outpatients, 9 had to be hospitalized, 5 had to be kept in Intensive care unit and 6 had to undergo surgery.

While data about e-bike injury in New York are still limited, a recent study authored by several New York surgeons found that in case of an accident, e-bike users were more likely to suffer internal injuries and more likely to be hospitalized than regular bicycle users. E-bikes were found to be less dangerous than scooters whose users have a higher risk of concussion in case of an accident. The study also found that e-bike injuries were more than three times more likely to involve a pedestrian than regular bicycle injuries or scooter injuries. Another finding was that the risk of injury was particularly high for older people.

 

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New York CyclistsAfter a high number of deadly pedestrian and bicycle accidents in New York City, especially in Brooklyn, last year, Brooklyn District Attorney Eric Gonzales decided it was time to do something about it. The DA just announced that he has created a new unit that will be dedicated to investigate any fatal motor vehicle accident occurring in Brooklyn. Now anytime a motor vehicle accident involves a fatality not only the NYPD investigation squad will  investigate the accident (if they show up ) but also a prosecutor from the DA’s office will rush to the scene of the accident. The prosecutor will run his or her own investigation speaking to witnesses, collecting evidence, documenting and drafting warrants to collect evidence.This measure will hopefully bring more justice to the victims of reckless drivers who are too often being let go by the police with no charges.

Botched police investigations and poor follow up on deadly traffic accidents are common in New York City

In most accidents, including those in which people are killed, drivers are usually getting a free pass except if they were driving under the influence or if they committed an extremely reckless act.  With the new DA unit it will not be the case anymore in Brooklyn, not only drivers will be held accountable with detailed investigations but the unit will also work with lawmakers to pass new laws against reckless driving.

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Bicycle HelmetWearing a helmet can reduce injuries in bicycle accidents however street safety advocates argue that making bicycle helmet use mandatory lead to a reduction of the number of people using bicycles and as an unintended consequence the streets would become less safe for cyclists.

On Wednesday mayor de Blasio told media that by recommending making bike helmet use mandatory in all 50 states, the National Transportation Safety Board (NTSFB) was “pushing us in the right direction”

However street safety advocates such as Transportation Alternatives as well as some of the NTSB staff  members argue that mandatory helmets lead to a reduction in the number of people using bikes and lead to the “unintended consequences” of city officials doing less to make cycling safe because they have less pressure.

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Defective front disk brakes and quick-release levers installed on 1.3 million bicycles in the US may pose a risk of injury to bicycle riders. An open quick release lever on the bicycle’s front wheel hub can come into contact with the front disc brake rotor causing the front wheel to come to a sudden stop or separate from the bicycle. Therefore the following companies are recalling some models from the following brands:

bike recall

If your bicycle is from one of these brands, the video below can help you determine if your bicycle is affected  and if so what to do about it.

 

 

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The Merrill’s Law or “safe distance” Law was created after Merrill Cassell, a devoted cyclist, died in a bicycle accident during which he was struck by a bus that sideswiped him as he rode his bike along Route 119 in Greenburg (see video below).

The Law was enacted 5 years ago but very few tickets have been written under the Law.

In a recent article in the Lohud, Theresa Juva-Brown explains why this law offers little protection to cyclists.Read the article here.