Bicycle Rider Injured In Batavia Pickup Truck Accident By The Intersection of Ellicott Street and Jackson Street
GENESEE COUNTY, NEW YORK (September 28, 2021) – A bicyclist was injured in a collision with a pickup truck near the intersection of Ellicott Street and Jackson Street in Batavia.
Genesee County police officials are saying that the collision took place early Monday, September 27th. The bicyclist was hit by the driver of a gray Ford F-150 pickup truck in Batavia.
After the collision, the truck driver drove the cyclist to their workplace. The two did not exchange insurance information or identification.
The bicyclist sought medical attention the day after the collision. Police are trying to contact the driver of the pickup truck so that insurance information can be exchanged.
Authorities are saying that the driver of the pickup truck is not accused of being at fault for the collision. A full investigation into the Batavia crash remains ongoing at this time.
Liability In Genesee County Bicycle Accidents
Bicycles have become more popular during the pandemic as people have sought to spend more time outdoors. In far too many situations, however, bicyclists are either seriously injured or killed in accidents. According to the Insurance Institute for Highway Safety (IIHS), “Although bicyclist deaths have decreased 16 percent since 1975, they have increased 36 percent since reaching their lowest point in 2010. Most bicyclist deaths in 2019 (90 percent) were those ages 20 and older.” There are many factors that could potentially influence the likelihood of a bicycle accident.
- Driver Fatigue: The Centers for Disease Control estimates that staying awake for only 18 hours can reduce a person’s driving ability equivalent to driving with a BAC of 0.05%.
- Distracted Driving: Driver distraction was reported to be a factor in 8.5% of all fatal car accidents.
- Speeding: Excessive speed remains one of the largest causes of bicycle and pedestrian accidents in the United States.
Every driver has a legal obligation to exercise due care in order to avoid causing collisions. According to New York Vehicle & Traffic Law § 1146(a), all drivers must take measures to avoid hitting pedestrians, bicyclists and domestic animals in the roadway. When a driver strikes a pedestrian while driving past a yield sign without yielding this may be considered prima facie evidence of their failure to yield.
Many bicycle accidents take place when drivers make unsafe turning movements, which is contrary to state regulations. According to New York Vehicle & Traffic Law § 1163(a), no driver shall turn from an intersection or right or left from a roadway unless and until such a movement can be made with reasonable safety. Drivers that are involved in car accidents after making unsafe turning movements can be held liable for those accidents.
Consider, for example, the case of Escobar v. Velez. The New York State Supreme Court ruled in favor of partial summary judgement on the issue of liability against a driver that struck a bicyclist. As detailed in the ruling, “the plaintiff established his prima facie entitlement to judgment as a matter of law on the issue of liability by submitting proof that the defendant violated Vehicle and Traffic Law § § 111(a), 1163(a) and 1146(a), and was negligent making a right turn into the path of the plaintiff’s bicycle when it was hazardous to do so.” There are a number of steps that cities can take to help prevent bicycle accidents.
- Enforcement: Cities can enforce the laws already on the books. Certain traffic infractions are more likely to lead to collisions. By more strictly enforcing these laws accidents can be prevented and lives can be saved.
- Evaluation: Certain intersections and roads are more likely to create hazardous situations that lead to bicycle accidents. By studying intersection and roadways with a history of collisions steps can be taken to prevent additional collisions.
- Protected Lanes: Most bicycle lanes are outlined only in paint. Concrete medians and other physical barriers can help prevent errant drivers from hitting bicyclists in the roadway.
Any person that is injured in a bicycle accident may be able to seek justice through a bodily injury claim. Damages can help cover lost wages, medical bills and pain and suffering. It’s not uncommon for accident victims to fail to realize how injured they are after a collision. Adrenaline and shock can mask injuries and pain. This is why it’s so important to seek follow up care after a collision. It’s also a good idea to speak with an experienced bicycle accident attorney. An attorney can examine all of the unique facts of your case and let you know what your legal options are.
Investigating A Genesee County Bicycle Accident
We at Gersowitz Libo & Korek, P.C. extend our best wishes to the bicyclist injured in this Batavia collision. Any person that may have information about what happened should contact police. The driver of the pickup truck should do the right thing and exchange insurance information with the injured party.
This incident also raises a number of important safety questions. How did this accident take place? Is there a history of collisions at this intersection? Could this accident have been prevented? It is our sincere hope that steps are taken to help make this stretch of road safer.