Last Sunday afternoon, a 19-year-old man was riding an e-bike on 13th Avenue in Dyker Heights when tragedy struck. A gray BMW, traveling down 73rd Street, collided with the young cyclist at the intersection. Eyewitnesses reported that the impact was so severe that the young man was propelled under a blue Honda parked at the corner. He remained trapped under the vehicle for several minutes until the FDNY successfully extricated him from the wreckage and rushed him to hospital in critical condition.
The driver of the BMW, who remained at the scene following the accident, expressed her distress and concern. She told News 12 that she had done everything in her power to avoid colliding with the young man. Her statement underscores the often complex and multifaceted nature of bicycle accidents, where several factors can contribute to a collision.
Legal Considerations
Liability Assessment: In e-bike accident cases like these, determining liability is of paramount importance. Was the driver of the BMW operating the vehicle responsibly, adhering to traffic laws, and maintaining awareness of her surroundings? Or was there negligence on her part that contributed to the collision?
Duty of Care: Drivers have a duty of care towards all road users, including cyclists. This means they must exercise reasonable care to avoid causing harm to others. Likewise, cyclists must also adhere to traffic rules and take measures to ensure their safety.
Potential Damages: Injuries sustained in bicycle accidents can be severe, leading to substantial medical bills, loss of income, pain and suffering, and emotional distress. The injured party may be entitled to compensation for these damages.
Insurance Coverage: Understanding insurance coverage is vital. Motorists are typically required to carry liability insurance, which can provide compensation to the injured party. Additionally, cyclists may have their insurance policies or avenues for compensation, depending on the circumstances.
More protection for cyclists
Ensuring the safety of both drivers and cyclists is an absolute necessity. However, the prevailing sentiment among street safety advocates is that Mayor Adams’ efforts to protect cyclists have fallen short. Tomorrow, Transportation Alternatives is spearheading a rally in Union Square, rallying for immediate action from Mayor Adams and our city’s leaders to safeguard the lives of bike riders.
As a powerful prologue to this rally, Frédérique Uster-Hug, who tragically lost her husband in a bike accident earlier this year, has penned a poignant testimonial on Streetsblog. Her words resonate with a heartfelt urgency, underscoring the dire need for substantial changes in our city’s approach to cyclist safety.