Bicycle accidents can cause catastrophic harm, and in most instances, they can are brought about by negligence. As such, people hurt in such crashes will often seek compensation from the person they deem responsible. While liability is obvious in some bike accident cases, in others, the issue of fault must be determined by a jury. This was illustrated in a recent New York ruling delivered in a bicycle accident case in which the court denied the plaintiff’s motion for summary judgment on the issue of liability. If you suffered harm in a bike accident, it is in your best interest to meet with a Syracuse personal injury attorney to determine your potential claims.
The Facts of the Case
It is alleged that the plaintiff sustained injuries in a bike accident when he collided with the open door of the defendant’s van. He subsequently filed a personal injury lawsuit against the defendant, alleging he negligently caused the crash. The accounts of how the accident occurred differed. The plaintiff asserted that he was riding at a speed of five to seven miles per hour and that the defendant swung his door open seconds before the plaintiff struck it.
It is reported that the defendant stated that he checked the lane behind him and saw nothing for 200 feet and opened his door, and five seconds later, the plaintiff hit it. The plaintiff moved for summary judgment on the issue of liability and for dismissal of the defendant’s affirmative defense of contributory negligence. The trial court granted the motion, and the defendant appealed. Continue reading