New York Bike Lawyers

Hey, it's Daniel,

This month, I'm excited to share updates and insights that are relevant and timely for our community, from changes in insurance coverage for TLC vehicles in New York City to a recent recovery💰 for New Yorkers that highlights other types of cases we handle and justice we obtain for injured New Yorkers.

We want to know! What’s your biggest challenge as an urban cyclist or rider around staying safe? Is there a topic you want us to cover? Reply and I'll respond in the next edition. I read every response.

In this issue:

🚖Uber and Lyft Lobbyists Win Decreased Coverage for New York City Residents

⚖️Hochul Vetoes Grieving Family Act for the 4th time!

💰 $1,214,844.00 Recovery in Construction Site Accident

Daniel Flanzig

🚖 Uber and Lyft Lobbyists Win Decreased Coverage for New York City Residents

If you know me, after over a decade of litigating against ride share companies like Uber and Lyft, I am not a fan. Corporations that make millions off New Yorkers still refuse to create a business model that recognizes the risk NYC residents face at the hands of their negligent drivers. In NYC, where we have the highest number of crashes involving ride share vehicles, we also have the lowest required coverage for these vehicles. This just got worse.

This month the NYC Council is adopting changes to its rules to reduce personal injury insurance coverage also known as no-fault coverage. While NYS Insurance law typically requires $50,000 in coverage for private vehicles, for-hire vehicles in the City were required to maintain $200,000.00 in this coverage. This is because historically the City has recognized the dangers of these vehicles and hours they spend on the road. However, as of this month, the personal injury insurance coverage required will be reduced from the current required $200,000 protection to $100,000 for Taxis, For-Hire Vehicles, Luxury Limousines, and Street Hail Liveries. This means the ability for these cars to pay for medical and other expenses related to a crash victims is cut in half.

The good news, many of the insurance companies who write this coverage in NYC, such as American Transit Insurance, have sent up warning signals that they are under financial stress. As this is the largest insurance company for hired vehicles in the City, their collapse would be catastrophic to the industry. As a result, the City Council passed a resolution that requires insurance companies licensed to sell insurance in New York State show proof solvency. The hope is that this will make sure that carriers will not file for bankruptcy or liquidation and be able to pay all claims.

- Daniel

⚖️ Hochul Vetoes Grieving Family Act for the 4th time!

This month, Governor Hochul vetoed the Grieving Families Act, legislation that would modernize New York’s discriminatory wrongful death law and provide justice to families who have lost loved ones due to negligence.

Currently in New York, our wrongful death laws do not recognize the emotional loss of a loved one. Rather, the law only allows recovery for a pecuniary loss, the economic loss of a care giver or provider, or for the conscious pain and suffering of a decedent. The Grieving Family Act would have allowed for a claim for emotional loss as well.

The Grieving Families Act passed the state Senate and Assembly in June with overwhelming bipartisan support; the fourth time in as many years that the bill has made its way through the chambers.

“This fourth dismissal is an insulting reminder to victims that New York is prioritizing big business over families who have suffered unimaginable loss,” said Andrew Finkelstein, President of the New York State Trial Lawyers Association.

“New York needs a system of accountability, a system of oversight, and a system of protection that it lacks, in stark contrast to 48 other states. By denying accountability, our state is abandoning grieving families and adding insult to the ultimate injustice, the preventable death of a loved one. The current wrongful death law functions as a free kill law when negligence causes death to babies, seniors, homemakers, students or anyone else not receiving a paycheck. This creates a second class of citizen and a judicial structure that creates a two-tiered reality in which the value of a life is measured not by its meaning, but by its wages."

Imagine that this has passed both houses for the last 4 years and is the law in 48 other states. There is no justification for the failure to sign this into law.

Read the full article

💰 $1,214,844.00 Recovery For a 33-Year-Old Construction Laborer Injured on Work Site

We want to remind our present and former clients, as well as friends of our firm, that we do not only represent cyclists. For over 50 years our firm has been representing injured New Yorkers in all types of injury cases. This includes trip and falls, car crashes, motorcycle crashes and like here, a construction site accident.

For example, we obtained a significant settlement of $1,214,844.00 for a 33-year-old construction laborer who was struck by falling construction debris at a work site in Brooklyn. The case was one of first impression for the Supreme Court, who held the owner of the property strictly liable for the accident based upon a violation of the N.Y.S. Industrial Code pertaining to the removal of concrete forms.

As a result of the falling debris our client sustained a sustained a significant back injury which required him to undergo a lumbar fusion. After obtaining summary judgement under the labor law in favor of our client, the case settled at private mediation prior to trial.

Our office remains committed to advocating for the rights of all injured New Yorkers. This also includes drivers, cyclists’, pedestrians, e-scooter riders and other vulnerable road users on New York City streets and ensuring they have access to the compensation they deserve following a crash or accidents.

Read More About the Case

Thank you for reading!

At New York Bike Lawyers, we fight for all victims of negligence, not just cyclists. If you or a loved one has been injured in an accident, we’re here to help.

⚖️ Have a legal question? Contact us today for a free consultation or by replying to this email.

This is an opt-out newsletter. If you prefer not to receive these updates, let us know, and we'll remove you from our list—no hard feelings!

323 Willis Avenue, Mineola, NY 11501