A 73-year-old bicyclist from Connecticut has filed a personal injury lawsuit in New York City, asking for $15 million for injuries he sustained after he flipped a bicycle at a Citi Bike docking area.
According to news reports, the injured, an executive planner, said was riding last October when the front wheel of the bicycle struck a low barrier installed next to the docking station at Madison Ave. and E. 56th Street. That barrier, which is six feet wide and six inches high, is called a wheelstop. The plaintiff claims it was placed negligently in his path.
As a result of the bicycle accident, he reportedly suffered a head injury, resulting in a form of traumatic nerve palsy that has rendered him unable to smell and taste. Doctors believe that the condition is permanent.
This is believed to be the first lawsuit filed against Alta Bicycle Share Inc., the private operator of the Citi Bike program. Although it’s technically a city program, the contract it has with the private operator makes the operator’s insurance company liable for lawsuits arising from the bike share program. The city is therefore insulated from claims.
The rider indicated that there were no bright orange cones or colored warnings to alert cyclists of the fact that the barrier was there. He called it a “trap.”
Wheelstops are designed to stop cars or buses from backing up into the bike loading areas. At the area where this incident reportedly occurred, there is now a construction cone and a layer of bright orange paint, signaling the location of the barrier.
The National Highway Traffic Safety Administration reports that in 2011, there were 48,000 people injured on bicycles. Roughly 700 people died.
These accounted for 2 percent of overall traffic injuries and deaths nationwide, but in New York, the figure was more than double, accounting for 4.9 percent of all traffic fatalities that year — a total of 57.
The Citi Bike program has gained a great deal of popularity since it launched last spring, with thousands of bicycles available for public use at stations throughout Brooklyn and Manhattan. Officials in Queens and Harlem have been lobbying for additional stations to be installed in their boroughs as well.
The bicycles used by the Citi Bike program are manufactured by the Public Bike System Company (Bixi). Bicycles that aren’t in good working condition may contribute to a crash, though that is not alleged to have been the case here.
The New York City Department of Transportation recommends that riders abide by the following safety tips if they wish to ride in and around the city:
- Ride in a straight line and follow all traffic signals and signs.
- Stay attentive. Make eye contact with drivers and make sure you look, signal and then look again before you make a turn or change lanes.
- Watch out for vehicle doors that might suddenly open. Keep a 3-foot distance between yourself and vehicles.
- Wear bright clothing during the day and reflective gear at night.
- Use your bell to alert pedestrians, other cyclists and drivers to your presence.
- Refrain from using earphones – or at least limit your use to one. You want to be able to hear if danger is approaching.
- Wear a helmet. This is required for children 13 and younger.
The Law Offices of Nicholas Rose, PLLC offers free consultations. Call 1-877-313-7673.
Additional Resources:
Conn. man files $15 million lawsuit against NYC, Citi Bike, claiming nerve damage from bike crash, Feb. 27, 2014, By Daniel Beekman, New York Daily News
More Blog Entries:
Third-Party Liability in New York Work Injuries, Feb. 24, 2014, Brooklyn Medical Malpractice Lawyer Blog
