Jury Rules that Cyclist was Too Old to Ride on Sidewalk

A jury has ruled that a bicyclist who was hit by an SUV after entering a crosswalk from a sidewalk should not have been riding on the sidewalk. According to court documents, a 41-year-old man was riding his bicycle on the sidewalk of 33rd Street near 145th Street in Queens. The bicyclist left the sidewalk and entered a crosswalk when he was struck by an SUV. The bicyclist said he suffered herniated discs and serious knee injuries that required surgery.
The driver of the SUV said he did not expect the cyclist to ride down from the sidewalk and enter the vehicle’s immediate path. Defense lawyers for the driver alleged the bicyclist was too old to be riding on the sidewalks citing New York City traffic laws that say the age limit for riding on sidewalks is 12. However, the bicyclist argued the driver was negligent and was not driving with due caution. The attorney for the bicyclist said the driver of the SUV should have yielded.
The bicyclist’s medical expenses were about $15,000, which was reimbursed by no-fault insurance. The bicyclist sought $225,000 saying that he continued to suffer the effects of the injuries sustained in the accident. However, the jury ruled in favor of the driver.
Auto versus bicycle accident cases can be complex. Often, there are conflicting witness statements or debates with regard to a bicyclist’s rights and responsibilities. Our law firm recovered $600,000 for the estate of a bicyclist who witnesses say was killed when he rode his bicycle through a red light at an intersection. He was also found to have marijuana in his system. We had no witnesses for our client’s side and were still able to accomplish this remarkable result for the victim’s family.
If you or a loved one has been injured in a New York traffic accident, the experienced New York personal injury attorneys at the Law Offices of Kenneth A. Wilhelm can provide you with more information about pursuing your legal rights. Please call us 24 hours per day 7 days a week at 1-800-WORK-4-YOU (1-800-967-5496). We can also help with personal injury cases in New Jersey, Connecticut, Pennsylvania, or Florida. If you have been seriously injured in any of the 50 U.S. states, please call us and we will try to help you with your case.
Other phone numbers for us are:
1-800-RADIO-LAW, 1-888-WYPADEK, OR 1-800-LAS-LEYES
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