Personal Injury

Published on: April 26, 2023

Liability of municipality in bike accident case. Estate of Madison Lyden v. City of New York, No. 1:19-cv-07212 (S.D.N.Y. 2019)

by Stephen Bilkis

Bicycle accidents in urban areas like New York City are unfortunately common. One such tragic incident occurred on August 10, 2018, when a young Australian tourist named Madison Lyden was struck and killed by a garbage truck while riding her bicycle in Manhattan. The accident sparked outrage among the cycling community and prompted Lyden’s family to file a lawsuit against the City of New York. This case highlights the need for better infrastructure and safety measures to protect cyclists on the city’s busy streets.

Factual Background

On the day of the accident, Lyden was cycling in the designated bike lane on Central Park West when she swerved to avoid a stopped taxi. She was forced into traffic and was hit by a sanitation truck, causing her to fall off her bike and into the path of the truck’s rear wheels. Lyden was rushed to the hospital but was pronounced dead a short time later. The driver of the truck, Felipe Chairez, was charged with driving while impaired and operating a commercial vehicle while under the influence of drugs.

Published on: April 17, 2023

Liability in a motorcycle accident caused by hazardous road conditions. Madarash v. BUCH, 151 A.D.2d 297 (N.Y. App. Div. 1989)

by Stephen Bilkis

Riding a motorcycle can be an exciting and exhilarating experience. However, it can also be dangerous, especially when other drivers are negligent or reckless. In some cases, accidents are caused by factors outside of the rider’s control, such as poor road conditions. One such case is Madarash v. BUCH which involved a motorcycle accident caused by a hazardous road condition. This case sheds light on the legal issues involved in motorcycle accidents and the potential liability of government entities for unsafe road conditions.

Background

In June 1983, John Madarash was riding his motorcycle on Route 302 in the Town of Crawford, New York. As he approached a curve in the road, he noticed a large accumulation of gravel on the pavement, which made the road surface uneven and slippery. Despite attempting to slow down and avoid the gravel, Mr. Madarash lost control of his motorcycle and crashed, sustaining serious injuries.

Published on: March 8, 2023

Court found driver liable in a pedestrian accident because he did not exercise due care. Stathis v. Leonardis, 72 N.Y.2d 517 (1988)

by Stephen Bilkis

Pedestrian accidents can result in severe injuries, and the victim may be entitled to compensation for their damages. The law in New York provides protection to pedestrians, and drivers have a legal obligation to exercise reasonable care to avoid causing harm to them. In Stathis v. Leonardis, the New York Court of Appeals considered the issue of whether a pedestrian was entitled to compensation for injuries sustained in an accident involving a vehicle. This case is significant as it provides guidance on how courts in New York determine fault and damages in pedestrian accidents.

Background

The plaintiff in the case, Stathis, was a nine-year-old child who was walking home from school when he was hit by a car driven by the defendant, Leonardis. Stathis suffered severe injuries, including a fractured skull and a broken leg. The accident occurred on a busy street in Queens, New York, during rush hour traffic.