Prospect Park Volunteer In Coma After Being Struck By Cyclist
From Gothamist (link below):
A 55-year-old Brooklyn woman is in a medically-induced coma at Kings County Hospital after she was run down by a racing cyclist in Prospect Park last week, A Walk in the Park reports. The FDNY confirms that Linda Cohen was struck by a speeding bike on November 3rd just before 3 p.m. She had just left the bridle paths and stepped onto West Drive near the Vanderbilt playground when she was struck by a cyclist going south.
The cyclist, whose name we have not been able to obtain, remained at the scene and refused medical treatment. Cohen, a long-time volunteer at the park, was reportedly conscious when she was taken to the hospital before being sedated and put in the coma she remains in. Sources tell A Walk that the cyclist was a "bike racer."
When asked about the sad story, a spokesperson for Transportation Alternatives reminds cyclists that, "Bicyclists should always yield to and look out for pedestrians. Our responsibility to others increases in direct proportion to our ability to cause harm on the street."
Despite all the concerns about the Prospect Park West bike lane and the danger it does or does not present to pedestrians, clearly the interior of the park can be a rough place too. Earlier this summer a petition was put online that aimed to make the park safer for cars, bicyclists and pedestrians. It was started after another pedestrian was struck by a cyclist in the park and suffered a brain injury. At least in both cases the cyclists were decent enough to stick around. A recent study found that bikes hit more pedestrians than had been previously thought.
http://gothamist.com/2011/11/09/prospect_park_volunteer_in_coma_aft.php
Comments
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Might be a windfall for a personal injury lawyer.
With a little luck and skill, they could get a monetary award from the biker and the Park Alliance.
If the lawyer worked really hard, they might be able to get rules enforced or some kind of an education campaign for bikers and pedestrians.
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Unlike motorists, bicyclists are not required to carry personal injury insurance. Trying to collect a judgment from a bicyclist is likely to be an exercise in futility. Not much incentive, then, for enterprising p.i. lawyers.
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I don't know the average income of the enthusiasts, but they seem (on average) like they might have more money than the average pokey rider. I suspect the bikers with the ultra light $3k bikes and special outfits might have some assets a lawyer could go after.
I'm sure a good PI lawyer will research the assets of the biker before they consider taking the case.
On the other hand, I think a PI lawyer that tried to sue the pedestrian on behalf of the biker would have an uphill battle. I imagine that they'd have to show that pedestrians had no expectation of having the right of way in the park, and/or that this pedestrian acted in a way that caused the biker to have no way to avoid hitting them, and/or that the biker was traveling at a speed that was reasonable.
...the press rarely covers trivial civil suits, so we will likely never know if this ends up in court.
Over the next few months, these accidents will decrease as less people use the park due to winter and then increase again come Spring.
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Whilst cyclists are not required to have insurance, many New Yorkers have umbrella policies that augment other policies, such as auto, home etc. If the cyclist had one of these, they might face an aggressive PI suit. The outcome of that will depend on a range of factors including whether both parties were in compliance with the applicable road rules. If a cyclist is riding in the correct direction at a legal speed and obeys all traffic signals, s/he likely has a stronger defense than one who runs red lights, is speeding or is riding in the wrong direction.
If the cyclist has insurance, the insurance company's lawyers will handle the case. Civil juries in real life are much less inclined to make the big awards that we see in the fictional cases on TV and in the movies.
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Mods, please change the title of this thread to "A Terrific Personal Injury Opportunity - Prospect Park Volunteer In Coma After Being Struck By Cyclist".
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bohuma wrote: The outcome of that will depend on a range of factors including whether both parties were in compliance with the applicable road rules. If a cyclist is riding in the correct direction at a legal speed and obeys all traffic signals, s/he likely has a stronger defense than one who runs red lights, is speeding or is riding in the wrong direction.
Bohuma-
I would imagine it is very difficult to determine to what degree (if any) the biker is culpable. In other words, I'm not sure there are established methods for determining a rate of speed after an accident, like there are for cars. Likewise, there is a set speed limit for cars in the park (I think it is either 25 mph or 30 mph), but it is unclear to me whether this limit applies to bikes.I imagine much of the case would rely on eyewitness accounts.
Regardless of whether they were working for the biker or the pedestrian, the PI could decide that the "big fish" is the Park Alliance and seek money from them on the basis that they somehow created the conditions which contributed to the accident: poor signage, lack of enforcement, etc.
In such an instance, the PI would sue the pedestrian (or biker) expecting to get a judgement that would be completely uncollectable, but hope to obtain a collectable judgement from Park Alliance.
While I'm playing armchair PI, I'm sure some actual PI is already figuring out their best strategy....
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Whynot,
Your posts in this thread in particular have turned my stomach.
Just gross.
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DR-
Welcome back.Do you think I am casting PI Lawyers in a bad light?
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Terrible terrible news. I feel for the woman and her family.
In a better world, the bicyclist pays serious consequences.
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If this biker is determined to have been reckless or negligent, it is important that they face serious consequences.
Likewise, if the pedestrian is determined to have been reckless of negligent, it is important that they face serious consequences.
Otherwise, we would risk having outcomes that are less "fair":
1. All bikers could be punished for the actions of this biker and/or
2. All pedestrians could be punished for the actions of this pedestrian, and/or
3. Absolutely no change. We continue to have a situation in which pedestrians and bikers get into accidents with no change in site, and rules are determined by "Might makes right".
Anyone think our system of courts and enforcement is strong enough to avoid 1 - 3?
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That park is fucking dangerous. Bikers might slow down but rarely stop for red lights. Sometimes I feel like crossing the race track is like playing a game of Frogger.
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My sister was recently struck on the street by a biker who kept going, and one nearly got me as it's driver was intent on crossing the street ahead of the light. I think it would be great if we were all equipped with hand-sized projectiles you could throw at offending bicyclists (and cars) when they get too close for comfort. If they, say, had a little, non-violent exploding into paint feature you could even hunt them down after they had biked off.
But you know SOMEONE would abuse them, so that will never work.
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On a more serious note, it's an awful story. It has to count for something, though, that the biker stopped and stayed with the woman.
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I'm not sure how much it counts.
I would imagine that if I got into an accident with pedestrian won my bike, I would wreck and be somewhat injured. In addition to wanting to obtain help for the pedestrian, the biker might not have been able to get back on his/her bike ride away, or needed medical care themselves.
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^^^ the article states that the cyclist waited for help to arrive and refused medical care for himself. While he may have been injured, I think that it's a fair assumption that he stayed out of concern for the ped.
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If you drive a car you're allowed to claim "I didn't know I hit anyone" and then leave the scene of an accident.
Just ask the family of the guy who died in Bushwick two weeks ago.
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DR-
Welcome back.Do you think I am casting PI Lawyers in a bad light?
No. I think you've contributed to the de-evolution of this board 10,000 times more then I have. Since you asked.
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I'm not sure how much it counts.
I would imagine that if I got into an accident with pedestrian won my bike, I would wreck and be somewhat injured. In addition to wanting to obtain help for the pedestrian, the biker might not have been able to get back on his/her bike ride away, or needed medical care themselves.
Not at all... because that's not what happened according to the story... at all. It's just you imagining things again.
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WhyFi said:
^^^ the article states that the cyclist waited for help to arrive and refused medical care for himself. While he may have been injured, I think that it's a fair assumption that he stayed out of concern for the ped.I make that assumption as well.
...and I would imagine that his decision to stay around is likely to help him in any lawsuit that happens.
I.E. The opposing attorney will have one less argument to use to convince the jury that the biker had no regard for the safety of others.
I wonder if the fact that this pedestrian volunteered for the Park Alliance will influence whether the Alliance takes any action regarding education, markings, signs, etc. to try to change the situation.
Such efforts (even if largely ineffective) might help the Alliance show that they are trying to minimize the number of pedestrians - bike accidents.
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i agree..change the title, so other members aren't misled about the sickening turn this thread has taken.
let us all hope the park volunteer recovers quickly and fully.
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I'm sure everyone hopes that something good comes from this tragedy.
Personal Injury lawyers might hope even more than most.
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Frankly, whynot, I hope your persona on this board is not representative of the work you do in helping people and their struggles with mental health issues... I pray to god it isn't
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Don't make me send the whole class to the school councilor for evaluation
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Official Public Meeting Announcement
_____
On Wednesday, November 16 at 6 pm in the Prospect Park Picnic House, Prospect Park's Road Sharing Taskforce will come together to discuss how Park users utilize the Park Drives, with everyone's safety in mind. All are welcome to attend this public meeting. Everyone using the Park must be aware of the safety of others, particularly on the Park Drives. The Prospect Park Road Sharing Taskforce was created to examine how the full range of Park users (runners, walkers, competitive cyclists, recreational bikers, etc.), use the Park Drives.
For more information, contact Eric Landau, Vice President of Government and Community Affairs, Prospect Park Alliance, at (718) 965-8953 or [email protected].
Directions to the Picnic House: Enter the Park at 5th Street and Prospect Park West, follow the path next to the Villa, down the stairs and across the drive to the Picnic House.
Taskforce Members include:
*Department of Parks and Recreation (Prospect Park Administration)
*Department of Transportation
*Fellowship For The Interests of Dogs & Their Owners (FIDO)
*JackRabbit Sports
*Kissena Cycling Club
*New York Police Department (78th Precinct)
*Office of Brooklyn Borough President Marty Markowitz
*Office of NYC Council Member Brad Lander (39th District)
*Park Enforcement Patrol
*Prospect Park Alliance Playground Committee
*Prospect Park Community Committee
*Prospect Park Senior Residence
*Prospect Park Track Club
*Transportation Alternatives -
Announcement made today, November 14th, two days prior to the contentious meeting schedule for November 16th.
Prospect Park Administration and the NYC Department of Transportation (DOT) are taking steps taken to ensure the safe enjoyment of the Park Drives by everyone. In an effort to slow cyclists at crosswalks and remind them to yield to pedestrians, DOT has introduced a pilot program on Prospect Park's West Drive between Center Drive and Wellhouse Drive (map):
Orange traffic barrels have been placed along the drive, narrowing the right lane of vehicle/cycling traffic into one lane.
The narrower travel lane is expected to both slow traffic and alert drivers and riders to the upcoming pedestrian crossing.
In addition, signs have been posted to alert cyclists that the intersection of West Drive and Wellhouse Drive (near Vanderbilt Playground) is a pedestrian crossing, as well as to remind pedestrians to use the crosswalk.
This week, DOT will be placing a high visibility crosswalk at the intersection.
NYPD is planning roving enforcement of yield-to-pedestrian laws as well.
Emily Lloyd
Prospect Park Administrator -
ugh. This is planned during the DOE's parent-teacher conferences. I hope someone reports back!
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Seems like a good move (the safety area)
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An article on the Nov 16th mtg:
http://www.brooklyndaily.com/stories/2011/47/dtg_parkrules_2011_11_25_bd.html
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