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The recent article in the New York Daily News, “Speeding-hit-and-run driver kills 64 year old e-bicyclist“, brings to light the tragic consequences of reckless driving and the importance of understanding negligence and insurance in accidents involving e-bikes. As e-bikes continue to grow in popularity, it is essential to be aware of the potential risks and legal implications of accidents involving these vehicles. In this blog post, we discuss the facts of this tragic accident, general rules of negligence, rules governing hit-and-run driver accident claims in New York, uninsured motorist provisions, and the role of the Motor Vehicle Accident and Indemnification Corporation (MVAIC).
The New York Daily News reports that a 64 year old e-bicyclist was tragically killed in a hit and run accident. The incident was captured on nearby surveillance video. The driver was speeding and struck the e-bicyclist, who was obeying traffic laws and riding in a lawful manner at the time of the accident. The driver fled the scene, leaving the injured e-bicyclist behind. Authorities continue to search for the driver.
In New York, negligence is the failure to exercise reasonable care to avoid causing injury or harm to another person. In the case of this hit and run accident, the driver demonstrated negligence by speeding, disregarding a traffic light, and failing to yield to the E Biker who was in a crosswalk. New York has specific laws governing hit and run accidents, which require drivers involved in a crash to stop and exchange information, even if they believe they are not at fault. Fleeing the scene of an accident can result in criminal charges and significant penalties, including fines and imprisonment.
The increasing use of e-bikes raises concerns about their safety and the potential for accidents. While e-bikes can provide an efficient and eco-friendly mode of transportation, they can also pose risks to riders and others on the road, particularly when drivers do not exercise caution. E-bike riders should be aware of local traffic laws, wear appropriate safety gear, and ride defensively to minimize the risk of accidents.
In cases where a hit-and-run driver cannot be identified, victims may be left with no recourse for recovering damages. Fortunately, New York State requires all auto insurance policies to include uninsured motorist (UM) coverage, which can provide compensation for bodily injury or death caused by an uninsured or unidentified driver. UM coverage can be a valuable source of financial relief for victims in hit-and-run accidents, but it is essential to understand the specific terms and conditions of your policy.
In situations where no other insurance coverage is available, the Motor Vehicle Accident and Indemnification Corporation (MVAIC) may step in to provide compensation to eligible victims. Established by the New York State Legislature, the MVAIC serves as a last resort for those who have exhausted all other avenues of recovery. To be eligible for MVAIC benefits, victims must meet specific criteria, including reporting the accident to the police within 24 hours and filing a claim with the MVAIC within 90 days.
If you have any questions concerning a hit and run accident, please call our Bronx hit and run attorneys at (718) 364-4000, or simply fill out a case intake form.
Want more information: Learn More about Hit and Run Accidents.
