Flanzig & Flanzig recently settled two bridge cases with the City of New York in one month!
The first case arose out of a cyclist who sustained serious injuries while attempting to cross the Fort Washington Bridge in upper Manhattan. The bridge, owned by Amtrak and under the jurisdiction of the Parks Department, was slated for a major capital improvement due to its disrepair.
However, the City delayed in making the repairs. Despite the known condition of the Bridge, the City failed to safeguard the bridge until the capital improvements were made.
Our client, a cyclist from New Jersey, was unaware of the condition of the bridge. While cycling, they struck a hole in the structure’s surface, sustaining serious internal injuries. The case was resolved during discovery when it became apparent to the City that they owed a duty to this cyclist because they failed to properly maintain its bridge in accordance with their obligation with Amtrak.
The second case involved a condition known all too well to those who utilize the Brooklyn Bridge. Our client, a daily commuter, was knocked off her bike by a tourist who entered the bike lane. As a result, she sustained a fractured hand that required surgery to repair.
Discovery and our investigation determined that the City is well aware of the overcrowding of the bridge and the dangers it poses to cyclists. Despite its own studies, the City had and still has failed to institute a plan to make the bridge safe for all users.
In fact, the City at its deposition acknowledged that the bike and pedestrian markings on the bridge fade quickly and that they have failed to adhere to their own plans to timely and adequately replace the faded markings. In 2018, a study was conducted to determine the use of additional delineators between the bicycle lane and the pedestrian lane to separate the bike from the pedestrian traffic because of the volume of pedestrian traffic.
The City as aware of multiple crashes prior to 2018 between pedestrians and bicyclists on the Brooklyn Bridge pathway on the Brooklyn side of the bridge. Despite this knowledge, they have still failed to execute its plan to make the bridge safe to all users.
The case was settled while our motion for Summary Judgement to have a Court determine the City was 100% responsible for this crash was pending.
The City and any municipality have a non-delegable duty to make the streets and bridges safe. When notice is shown of a dangerous condition which the City fails to remedy, compensation for an injury can be obtained.
Have you been injured while cycling in NYC? Do you need compensation to cover your medical bills and other accident-related expenses? Contact Flanzig & Flanzig, LLP online or at (866) 352-6944 to schedule your free case evaluation with an experienced New York City bicycle accident attorney.