Biking in New York City has become a preferred and modern mode of transportation both in the country setting and along the busy streets of Manhattan and Brooklyn. The benefits of this mode of transportation cannot be overstated. It provides exercise, convenience, and in many cases, speed. Yet, riding a bike in heavy New York City traffic can at times be hazardous.
These accidents occur when the occupant of a parked vehicle opens one of its doors suddenly and strikes a passing cyclist. This is a relatively common sight on the busy streets of New York.
Section 1214 of the Vehicle and Traffic Law of the State of New York addresses the issue of the opening and closing of vehicle doors as follows: "No person shall open the door of a motor vehicle on the side available to moving traffic and until it is reasonably safe to do so and can be done without interfering with the movement of other traffic, nor shall a person leave a door open on the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers."
These are New York state laws. New York City has an additional protective statute. It states that no one can get out of the traffic side of any vehicle in such a way that interferes with an approaching bicycle or car.
This law protects the cyclist and sets out the legal responsibility of the driver of a motor vehicle and cyclist. Each case is very different and nuances in facts can result in differing legal situations. The selection of knowledgeable counsel is at times critical to vindicating your legal rights. It is also very important to consult and retain counsel as soon as possible so as to assemble and preserve evidence when it is still available and to obtain information when the event is still fresh in the minds of witnesses.
If you have decided to get legal representation after some time has passed, it may be too late to convince a judge you should be compensated. A good lawyer may find some other way to get justice without going to court however.
These accidents occur when the occupant of a parked vehicle opens one of its doors suddenly and strikes a passing cyclist. This is a relatively common sight on the busy streets of New York.
Section 1214 of the Vehicle and Traffic Law of the State of New York addresses the issue of the opening and closing of vehicle doors as follows: "No person shall open the door of a motor vehicle on the side available to moving traffic and until it is reasonably safe to do so and can be done without interfering with the movement of other traffic, nor shall a person leave a door open on the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers."
These are New York state laws. New York City has an additional protective statute. It states that no one can get out of the traffic side of any vehicle in such a way that interferes with an approaching bicycle or car.
This law protects the cyclist and sets out the legal responsibility of the driver of a motor vehicle and cyclist. Each case is very different and nuances in facts can result in differing legal situations. The selection of knowledgeable counsel is at times critical to vindicating your legal rights. It is also very important to consult and retain counsel as soon as possible so as to assemble and preserve evidence when it is still available and to obtain information when the event is still fresh in the minds of witnesses.
If you have decided to get legal representation after some time has passed, it may be too late to convince a judge you should be compensated. A good lawyer may find some other way to get justice without going to court however.
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