A surprising statistic for pedestrian injuries in New York City has shown a high rate of bicycle-pedestrian collisions. Since 2014, Office of the Mayor has worked to make New York a more bike-friendly city. The city has added one hundred miles of bike lanes in recent years. A seemingly innocuous addition, the city’s Department of Transportation published a report revealing that bicyclists have injured over 2,250 pedestrians since 2011, including seven deaths.
Deciding fault in a bicycle-pedestrian collision
A bicyclist is not automatically at fault in a pedestrian collision. There several criteria that need consideration for determining who is at fault in a personal injury case:
- Duty of care: When one party or multiple parties breaches the ‘duty of care’ to act reasonably in a situation that causes an accident, that party is more likely to incur fault in a personal injury case. If a reasonable action could have carried out to prevent injury to others (and that action wasn’t taken), this may be considered a breach in that party’s duty of care.
- Correlation to negligence: There has to be some proof that the negligence in question was what caused the accident. This correlation is essential to establishing fault in a personal injury case.
- Shared fault: New York upholds a ‘pure comparative negligence’ rule. In this case, your compensation entitlement reflects the percentage by which you’re deemed responsible for the collisions.
Lower tolerance for bicycle moving violations
In response to these statistics, the NYPD has increased moving violations for bicyclists, issuing 19.949 between January and June of 2019. The hope is that increased enforcement will reduce bicycle violations and possibly reduce injuries. If you or a loved one were involved in a bicycle-pedestrian collision, you need to consult a personal injury attorney.