Street Defects:

Street defects and other dangerous conditions for cyclists can include:

Pot Holes
Road Hardware such as Manhole Covers and Utility Vaults
Construction Plates
Road Cuts, Trenches and other Temporary Paving
Construction Debris and Negligently Placed Equipment
Negligently Place Dumpsters or Other Demolition Equipment

If you are a cyclists who suffers a crash as a result any of the above street conditions, we may be able to help. The most difficult case to prove is a case involving a pothole in a city street. In almost all cases in New York, you must prove that the City or Municipality had "prior written notice of the defect" before your accident occurred. However, if you can prove that the City of Municipality "affirmatively" created the condition, worked in the area, or otherwise had notice, you might be able to maintain a lawsuit.

The law is different when it comes to Road Hardware such as man holes and vaults that may be owned and maintained by private companies or Municipal Authorities like Consolidated Edison (Con Ed), the Transit Authority or other Utility providers such as Verizon. These entities are required by the New York City Administrative Code to maintain the area 12" inches around the structure, flush with the road surface. (11 RCNY2-14) This is what we call the 12" Rule and it create a basis for liability for the entity that owns and maintains the street hardware and makes them liable for an injury caused by the defect.

Street opening plates (traffic plates) are required to be "pinned" in place so that they do not shift or move from vehicle traffic and should ramped in order to keep them in secure positions as well as a smooth transition as one traverses the plate. If a street opening is made by a contractor and plates are used, the responsibly to properly pin and ramp the plate lies with the contractor and to properly maintain the surrounding roadway.

Also by statute, a contractor working on a city street or sidewalk is required to keep all areas used by the public in a safe condition and it "shall be maintained free from debris, equipment, materials, projections or conditions that may cause a slipping, tripping or other hazard" In addition "waste dumpsters and debris, debris boxes should be secured and those containing material or debris shall be covered at the end of each workday".

By example, we once represented a cyclists who was injured when the tarp on top of the dumpster was not properly secured, blow lose into his path and caused him to lose control of his bike and crash. After the crash, his ankle was run over by an unidentified truck. While we were never able to identify the van that struck our client, we were successful in our suit against the contractor and building owner in the claim for negligent placement of the dumpster and the failure to secure the tarp.

If you are a cyclist injured by a road defect, pot hole, or other roadway hardware or construction debris, call us today at 1-866-Flanzig or email us at info@NewYorkBikeLawyers.com