New York City has several techniques in place to encourage people to commute via bicycle in order to reduce the strain on traffic clogged streets. According to the New York City Department of Transportation, these efforts have led to an average of 45,300 people utilizing their bikes as opposed to other commuting options during the summer months. Unfortunately, a rise in cyclists also means increased injuries, including the more than 4,200 people who were hurt on a bike in 2012. A recent lawsuit that has been filed by Ronald Corwin alleges that he was the victim of one of these injuries, and he is blaming the city and Citi Bike for the fact that he is now suffering from a permanent case of traumatic nerve palsy.
If you’ve been the victim of a bicycle accident, in which someone else’s recklessness or negligence may be responsible for your injuries, speak with a New York Personal Injury Lawyer, as you may be eligible to receive compensation.
What Caused this $15 Million Lawsuit?
Citi Bike has stations throughout New York City where residents and tourists can temporarily obtain a bicycle for a nominal fee. Corwin, an executive planner who lives in a Westport, Connecticut, was utilizing a bicycle from the E. 56th Street and Madison Avenue docking station when a low barrier installed near the station caused him to flip over his bike. At the time of the incident, the barrier was painted gray and there were no warning indicators around it.
After Corwin flipped over his bike, the 73-year-old sustained nerve damage in his brain, and he has stated that this has completely removed his ability to smell and taste things. It is important to note that witnesses reported seeing at least two other cyclists being injured by the same barrier after it was first installed in October 2013. Since that time, half the barrier has been painted orange and a construction cone has been placed next to it to capture attention.
Who Is Liable for Corwin’s Injuries?
In a situation like this, the victim needs to turn to a New York personal injury attorney to help them take legal action against the responsible party. Corwin’s lawsuit has been filed against Citi Bike’s operator and the city. However, the contract between Citi Bike’s operator, NYC Bike Share, and New York City stipulates that the operator’s insurance is responsible for handling any lawsuits that result from the bike-share system. In fact, according to the contract, the city should be completely protected from Corwin’s claim. Due to these contract terms, it will be interesting to see where the pending litigation goes, and the contract is certain to be placed under heavy scrutiny to determine if the city can actually avoid sharing responsibility for Corwin’s injuries.
Regardless of exactly who is held responsible, Corwin has become the first person to file a personal injury lawsuit in relation to the bike-share program. Therefore, the results of this case are likely to have a major impact on the future of the program. After all, if Corwin is awarded $15 million, it might not be profitable for Citi Bike to continue operating in their current manner. Alternatively, enhanced security measures could be put in place such as requiring people who use one of the bikes to sign a waiver.
Contact Personal Injury Lawyer Jeffrey K. Kestenbaum
If you or a loved one has been injured in a bicycle accident, consult with a Brooklyn bicycle accident attorney. They will be able to give you professional legal advice specific to your case and help you receive the compensation you deserve.
Jeffrey Kestenbaum is a personal injury attorney in Brooklyn, New York. With a strong background and experience in law, he has won many successful verdicts and settlements on behalf of his clients. He is devoted to always addressing the needs of his clients and being available to answer any questions or concerns they may have on regarding their case. Contact our office at (718) 237-5586.