With the onset of warm weather, cyclists will again take to the
road. As with almost every other form of recreation, biking
provides a fertile ground for accidents, finger pointing and
litigation of both simple and complex issues. Some recent examples
follow.
On November 12, 2017, Frank Marzan was involved in an accident
in or near a Manhattan intersection that caused him to sustain
significant personal injuries. Marzan alleged that Marilyn J.
Levine, a pedestrian, stepped into the bicycle lane in which Marzan
was riding his bicycle, causing him to maneuver abruptly to avoid
Levine and, in the process, strike nearby construction fencing.
Levine maintained that she was crossing a street in a crosswalk
with a pedestrian crossing signal in her favor, Marzan failed to
yield the right of way to Levine and that Marzan is solely (or at
least significantly) to blame for his claimed injuries.
