People sharing public space will almost have duties to each other, even
if they never intended to have a shared relationship. Such is a basic
fact of living, working, and playing in a community. Motorists using roadways
must obey traffic regulations, as do pedestrians walking on roads. Four
wheels, two wheels, 18 wheels, or two feet; the same rules can apply.
Experienced Poughkeepsie bicycle accident attorneys also know that bicyclists must also follow New York traffic regulations.
Their duty is no different than it is for other roadway users; bicyclists
must use reasonable care, as would any other prudent rider under similar
circumstances, so as not to cause preventable and foreseeable harm.
Depending on the circumstances that which surround a
bicycle accident, the motorist may be held liable for harm done, the bicyclist may be the
liable party, or both parties may have to share fault.
Consider the following laws and New York cases:
New York Vehicle and Traffic Law Section 1231states, “every person riding a bicycle . . . upon a roadway shall
be granted all of the rights and shall be subject to all of the duties
applicable to the driver of a vehicle . . . .”
Section 1230(b) of the same laws dictates that this rule applies, “to bicycles .
. . whenever a bicycle is…operated upon any highway, upon private
roads open to public motor vehicle traffic and upon any path set aside
for the exclusive use of bicycles . . . .”
Section 1230(a) forbids parents from allowing their children to violate vehicle and traffic laws.
New York courts have supported these statutes. For example, in
People v. Marr, the defendant stopped at an intersection, but then entered the intersection
where she ran into a bicyclist. Marr’s attorney attempted to have
the case dismissed, stating that Marr didn’t have to yield the right
of way to a bicyclist. Court denied the motion to dismiss, citing the
above mentioned Section 1231 of the Vehicle and Traffic Law; bicyclists
simply have the same rights as any other vehicle operator.
Any right possessed, almost always comes with responsibility. The court in
Trzepacz v. Jara reminds bicyclists that obeying traffic regulations is a rider’s
responsibility. In that case, the plaintiff was riding a bicycle and entered
an intersection without stopping at the stop sign. The defendant, who
was driving a car, collided with the plaintiff. The plaintiff-bicyclist’s
suit was dismissed on motion because the bicyclist failed to yield the
right-of-way to the defendant-driver.
Are you interested in learning more about bicycle accidents and the law?
Find out more in the latest article by our experienced bicyclist accident attorneysavailable by clicking on this link. Learn more about bicycle accident statistics throughout the country and
New York by
clicking on this link available here.
Our personal injury attorneys at
Mainetti, Mainetti, and O’Connor, P.C. have over 100 years of combined experience working with victims of personal
injury accidents throughout New York. We understand how to effectively
represent clients who have been injured in serious car accidents, particularly
throughout the Mid-Hudson Valley region in Kingston, Poughkeepsie, and
Newburgh where we have offices. Hear
what our clients are saying about us here and learn about just some of our
successful results here. If you or a loved one has been injured in a personal injury accident,
please do not hesitate to contact us by calling 845-340-HURT (4878) or
toll free at 866-440-4452, or by using the
convenient contact form here.