In Flores v. New York Transit Authority, 2019 WL 2452757 (New York County 2019), the Appellate Division of the Supreme Court of the State of New York recently upheld a $3.9 million verdict awarded to a cyclist who was struck by a New York City Transit Authority Bus.
Here are some of the rules of the road that apply to bicycles:
Cyclist Along Roadway
The New York Pattern Jury Instructions provide that motorists and cyclist are under a duty to use the same degree of care that a reasonably prudent person would have used under the same circumstances. A motorist is required to keep a reasonably vigilant lookout for cyclists, to sound the vehicle’s horn to warn a cyclist of danger, and to operate the vehicle with reasonable care to avoid colliding with anyone on the road.
Rights and Duties of a Cyclist
The Vehicle and Traffic Law provide that every cyclist has all the rights and is subject to all the duties applicable to the driver of a vehicle. However, there are some rules that do not apply to cyclists, such as the requirement to use hand signal continuously for 100 feet before turning, which would be dangerous.
Rules of the City of New York
As per the Rules of the City of New York, it is against the law to park, stand or stop within or otherwise obstruct bike lanes. Other vehicles shall not drive on or across bike lanes. Driving on sidewalks is prohibited. However, a cyclist of twelve years or younger can ride its bicycle on a sidewalk if signs allow or wheels are less than 26 inches.
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