Many bicycle accidents involving serious injury occur due to defective conditions in the roadway.
The City of New York is generally responsible for maintaining the roadway in a reasonably safe condition. However, in order to have a valid claim against the City for an unsafe condition within the roadway, you must prove that the condition was actually caused and created by the City (their agents(s) or employee(s)); or if it is a condition of deterioration, that the City has received prior written notice of the defect and more than 15 days has elapsed since receipt of the written notice. The prior written notice requirement is often difficult to meet.
Other defective roadway type of accidents arise from the negligence of entities other than the City of New York in the maintenance of “special uses” of the roadway, such as manhole covers, gratings or other structural uses of the roadway. In this type of case, there is an affirmative obligation to maintain the area immediately surrounding the “special use.” Other common type of roadway accidents are caused by the negligent placement of construction plates, either significant gaps, or the failure to properly ramp the edges, both of which can cause serious bicycle accidents.
Defective roadway accidents do require immediate investigation to determine and document the nature and extent of the condition and to determine who if anyone is legally responsible.
If involved in a bicycle accident due to a defective roadway, it is important to secure photographs depicting the condition. Of course as an law firm representing bicycle accident victims, we would rather have the early opportunity to investigate, photographs and document the cause of the accident in order to preserve evidence that is in favor of our client’s case.
In a bicycle injury due to defective roadway type of accident, there is no first party medical coverage such as No-Fault benefits. Therefore, medical bills would have to be covered by whatever first party medical insurance that the cyclist may have. Due to the fact that the bicyclist did not have the benefit of No-Fault coverage (as in a motor vehicle related bicycle accident), there is no corresponding serious injury requirement for the liability bodily injury claim.
Our firm is committed to representing, protecting and advancing the interests of anyone who has sustained significant injury arising from a bicycle accident due to the negligence of another.
Please contact our office to learn all the aspects involved in your situation. There is no obligation, and of course the consultation is free.