Articles Posted in Bicycle Accidents

On August 30, 2013, a cyclist, Pedro Rubio, encountered a life-altering incident on his routine commute to the Tarrytown Train Station. While navigating Route 119, a hidden defect in the roadway led to a catastrophic accident that would lead to a lawsuit  over road maintenance responsibilities and safety obligations.

Background Facts

On August 30, 2013, claimant Pedro Rubio was bicycling to the Tarrytown Train Station early in the morning. While riding in the far right lane of Route 119, his front tire struck a defect, causing his bicycle to flip and resulting in his ejection and subsequent injuries. Rubio, an experienced cyclist, frequently used this route three times a week for his commute to work. On the day of the accident Rubio encountered the road defect. He noted the road felt bumpy that week but didn’t observe the specific pothole until the accident occurred.  Rubio filed a personal injury lawsuit against the State of New York. The trial court decided that Rubio had not proven by a preponderance of the evidence that the defendant, presumably the New York State Department of Transportation or another managing body, had actual or constructive notice of the pothole that caused his accident. Rubio appealed.

Durrans v. Harrison & Burrowes Bridge Constructors, Inc., 128 A.D.3d 1136 (N.Y. App. Div. 2015) is a New York bicycle accident case involving a plaintiff who alleged she was seriously injured due to construction detours and equipment. Road construction often poses significant risks for bicyclists. Construction zones typically involve altered traffic patterns and temporary surfaces that can be hazardous. Uneven road surfaces, gravel, or debris can cause cyclists to lose control. Additionally, signage or barriers may be insufficient or improperly placed, confusing cyclists and funneling them into dangerous paths, like closer to traffic or over unsafe surfaces. These conditions significantly increase the risk of accidents. Proper management of these areas is crucial, including clear signage, maintaining clean and even paths, and considering the specific needs of bicyclists to prevent injuries.

Background Facts

The plaintiff was cycling through Stony Point, Rockland County, when she was forced to take a detour on Lowland Hill Road due to a bridge closure. The detour was part of a bridge reconstruction project managed by Harrison & Burrowes Bridge Constructors, Inc., under contract with the Department of Transportation. Along the detour, orange barrels placed by the construction company narrowed the roadway, funneling traffic toward the center where a recessed manhole cover was inadequately marked. During her detour, the plaintiff’s bicycle hit this manhole cover, causing her to fall and sustain injuries. She then filed a negligence lawsuit against the construction company, alleging improper maintenance of the detour route and specifically the hazard posed by the manhole cover and the misplacement of the barrels.