Hey, it's Daniel Welcome to this month's NY Bike Lawyers Legal Update! As part of our commitment to keeping New Yorkers informed, we’re bringing you the latest legal insights affecting all New Yorkers. This includes cyclists, e-scooter riders, pedestrians, motorcyclists, and drivers, as well as all other types of personal injury and wrongful death claims. Staying safe on the streets starts with knowing your rights! In this issue: 🚖 "E-Motos" are not e-bikes and are ruining the e-bike movement. Know the difference. ⚖️ New law allows compensation for "revenge porn" and other unlawful dissemination of nude images. 💰 Flanzig and Flanzig Secures $500,000 Settlement for Injured Cyclist that Struck a Con Ed Street Vault. |
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🚖 "E-Motos" Are Not E-Bikes and Are Ruining the E-Bike Movement - Know the Difference! |
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New York’s streets are full of two-wheeled electric everything: pedal-assist Citi Bikes, throttle bikes, delivery rigs, and stealthy electric motorcycles that look like dirt bikes. But under New York law, an “e-bike” and “e-moto” (a term I dislike) are not the same. They are different vehicles with different legal consequences. "E-motos" continue to give e-bikes a bad name. To break this stigma, it's important for the public to know the difference. E-bikes, although having their own definition in the VTL, are more akin to a bicycle; an e-moto is treated more like a motorcycle or moped. The latter, requires a VIN number, plates, registration, and insurance to operate legally on the street. As "e-motos" typically do not have VIN numbers, they will never be able to be registered with the New York DMV and will remain illegal to operate on NY Streets. The quick way to tell the difference: if it has operable pedals, and looks like a bike, it is most likely an e-bike. If it’s built like a motorcycle, often lacking functional pedals, a heavier frame, motorcycle seat, and operates at high speeds, it is not an e-bike and should not be referred to as one. Legal e-bikes, such as Citi-bikes, are and remain an asset to our community. They get people out of cars and on bikes, allow those with physical limitations to ride longer distances and honestly... they are just fun to ride! Don't be an e-bike hater by equating them with
"e-motos", they are not the same. - Daniel |
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⚖️ New Law Allows Compensation for "Revenge Porn" and Other Unlawful Dissemination of Nude Images |
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A new law recognizes the damage that unlawful posting, publishing, or sharing of intimate images can cause to a victim. New York has created a new cause of action under Civil Rights Law 52-b allowing the victim to sue the perpetrator in civil court for sharing an intimate image without consent. This law applies whether the image was taken with or without your consent. Allowing the image to be taken does not mean there is consent to publish. The law focuses on the consent to publish after the image is taken. This law provides a powerful tool for victims of "revenge porn", allowing them to sue the perpetrator for damages and seek a court order to prevent further sharing of the images. Compensation now also includes both punitive damages, not normally available in civil actions, and attorney's fees. In addition to the civil claim, victims can also pursue criminal action against the perpetrator as Penal Law 245.15 makes it a Class A misdemeanor for non-consensual dissemination of intimate images with intent to harm. |
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💰 Flanzig and Flanzig Secures $500k Settlement for Injured Cyclist that Struck a Con Ed Street Vault |
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This past month, our firm obtained a $500,000 settlement for a Queens cyclist who struck a defect in a Con Ed street vault causing him to flip off his bike and fracture his hip necessitating surgery to repair. Prior to settlement, with the use of video evidence and the retention of an expert to opine that Con Ed failed to own and maintain the vault as required by the code, we were able to obtain summary judgment against Con Ed. Summary judgment is an application to ask the Court to find that a Defendant was 100% responsible for the accident, even before trial. The application is based upon the documented and admissible evidence obtained in discovery. With these motions being granted, it places us in a much better position to negotiate a larger settlement for our clients. This tactic will be appliedwhenever possible. This settlement was obtained just before trial in the Supreme Court, Queens County, NY. Read More About the Case |
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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! |
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323 Willis Avenue, Mineola, NY 11501 |
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