Article 34 of New York State law covers a wide range of statutes that pertain to cyclists. Some of the laws address cyclist negligence, such as Section 1233 that prohibits cyclists from clinging to motor vehicles. However, Article 34 contains a few statues that grant cyclists legal rights.
Legal protection against driver negligence
Motor vehicle drivers must follow the rule of law written under a number of statutes. New York State law mandates drivers must exercise due care to avoid colliding with any bicyclist on any roadway (Section 1146). New York State law requires drivers to sound the horn to alert cyclists of their presence. Motorists that cause physical injury as defined in article 10 of the Penal Law receive punishment that costs them either up to five hundred dollars or a maximum of 15 days in jail. Criminal law applies to drivers that violate provisions concerning involuntary manslaughter and vehicular homicide. Cyclists have civil court recourse for recovering damages caused by motor vehicle induced bicycle accidents.
The legal right to road access
Cyclists in the state of New York have access to shared roads with motor vehicles (Section 123). According to Article 34, Section 1234 of New York law, cyclists have the right of way for riding on designated bike paths and lanes. Drivers cannot enter the bike lanes to make turns or pass other motor vehicles. By using hand signals defined in Section 1237, cyclists have the right of way at intersections, both open and those controlled by traffic signs. In cases when cyclists do not have access to bike lanes and paths, they have the legal right to ride near the right-hand curb or edge of an open road. New York State does not prohibit cyclists from using sidewalks in the absence of bike lanes.
Cyclists in the state of New York have the right of riding two abreast. They also avoid legal culpability for accidents, if they come to complete stops at traffic signs and lights. New York allows bicycle riders access to roads and highways for anyone older than 14 years of age. Cyclists have the legal right to pass other cyclists at safe distances.
If you have been injured in a motor vehicle accident, including an accident caused by a bike, then be sure to seek medical attention. You may entitled to monetary compensation for pain and suffering, both past and future, and money for medical bills and for lost wages. Jayson Lutzky is a lawyer with over 32 years of legal experience in New York who handles accident and personal injury cases. Over the years, he has helped recover millions for his clients. Mr. Lutzky offers free in person consultations in his Bronx office and offers home and hospital visits if you have been seriously injured. Call 718-329-9500 to schedule your consultation and visit www.MyNewYorkCityLawyer.com to learn more about the attorney.