02

Blog

Adding Insult to Injury in Brooklyn

Driver sues cyclist for car damage after she runs him down.

 

brooklyn

A Manhattan woman is suing our client, a Brooklyn Cyclist, for $ 2000 for damaged to her car after she mowed him down on a Brooklyn street.

In May of 2014 cyclist John Roemer, just days before his college graduation, was seriously injured in a bike crash when he was struck from behind while traveling northbound on Union Avenue in Brooklyn. The crash was so violent that it fractured John’s hip, caused multiple internal injuries and put him in the ICU for three days.

The driver’s insurance company quickly acknowledged the crash was the fault of its driver. Within weeks of the crash we recovered the full value of John’s bike. Shortly thereafter her insurance company tendered its full policy limits resolve John’s personal injury claim.

You would think that would be the end. However, she is now dragging him to Small Claims Court in Manhattan where she is suing him for $ 2000.00 for damage to her car as a result of the crash.

Mind you, at the scene of the crash there were no visible skid marks found on the street. John heard no horn or skid of tires before she plowed him down. His bike was found by witnesses (see photo above) wedged under her car and had to be pulled out from beneath it.

As a New York Bicycle accident attorney, this is not the first time our firm has encountered this bizarre behavior. In 2013 Brooklyn Cyclist Justin Johnsen was run over by a NYPD unmarked vehicle sending him to the hospital. Rather than receiving an apology note from the City, their attorneys sent Justin a bill for more than $1,200 dollars for damage to its vehicle. As a result of our firm’s pro bono efforts, the City quickly dropped that case and ended their program of prosecuting claims against victims of crashes their employees cause.

As to John’s case, I will be appearing in Small Claims Court with him this upcoming January to vigorously defend this claim. Stay tuned for more details about this one.

Comments

Rachael Maney Nov 28, 2018

I asked my 7 year old son, Will, to draw me a picture of each of these things: life with cars; life with electric cars; life with autonomous cars; they all looked the same. But the fourth picture- life in a modern, forward thinking, and environmentally, economically, and socially responsible place- looked very different. Even […]

Read More
Matt Johnson Nov 06, 2018

We were somewhere around Denison on the edge of the corn fields when the Eurostyle Chamois Butter began to take hold. I remember saying something like “I feel a bit lightheaded, maybe we should stop at a watering station…” And suddenly there was a terrible roar all around us, and the road was full of […]

Read More
Peter Wilborn Oct 02, 2018

October is a big month in the triathlon world, with the Kona Ironman World Championships on the 13th. So it is good news that Triathlete Magazine chose its October issue to focus on bicycle safety and advocacy. Bike Law Director (and our resident triathlete) Rachael Maney was featured and interviewed in the piece. She shared […]

Read More
Peter Wilborn Sep 28, 2018

Chicago has become one of the nation’s top cycling cities, but along with more has come an increase in dooring crashes. A Chicago news channel has covered the issue and interviewed attorney Brendan Kevenides, Bike Law’s legal resource in Illinois. Brendan explained the growing risk to cyclists and how the “Dutch Reach” can help.  The […]

Read More
Amy Benner Johnson Sep 21, 2018

Drivers are coming within less than 1.5 feet of cyclists on the road in Knoxville with alarming regularity. Drivers are coming within less than two feet of cyclists on the road in Knoxville with alarming regularity. It’s not your imagination. It’s not all in your head. Your combined senses of touch, sound, and sight all […]

Read More
Rachael Maney Sep 12, 2018

You may have already seen the video below. If you haven’t, please watch. On Tuesday, August 24th just before 7PM, Jeff McCord and approximately 20 other cyclists were stopped at the intersection of Karl Daly and Grants Mill Road in Irondale, Alabama, a town outside the city of Birmingham. As McCord waited for an ambulance […]

Read More
Rachael Maney Aug 30, 2018

In 2010, Richmond, California got lucky when Brooklyn born Najari Smith planted roots in the Bay Area city, quickly claiming a very important role in his new community. Having given more than 1,100 bikes to Richmond’s youth and community members in the last 6 years, Najari’s vision and mission to promote a bike-centric lifestyle has […]

Read More
Bruce Hagen Jul 17, 2018

On July 11, 2018, a very experienced rider and friend to many in the Rockdale County area, Albert “Ab” Roesel, was killed while out on a rural road doing a ride that he no doubt had done many times before.  Ab was 75 years old.   The police investigation concluded that Ab had been headed Southbound, […]

Read More
Brendan Kevenides Jun 04, 2018

At sea a boat under power must give way to a more vulnerable craft.  The law requires that a power driven vessel give way to a sailing vessel.  A sail boat must give way to a craft engaged in fishing. These simple rules are consistent with the maxim that with greater power comes greater responsibility. […]

Read More
Commuter Bike
Bruce Hagen May 29, 2018

Recently, my wife and I moved into a new home that’s closer to my office, which has allowed me to start commuting by bike.  I rode my bike to and from my office 4 consecutive days before my schedule forced me back into the car. My hope and plan is to commute by bike at […]

Read More
Pat Brown May 10, 2018

Strength, ambition, and courage are just a few words that come to mind when we think of Anthony Lue.  Growing up, Anthony enjoyed playing competitive sports such as baseball, volleyball, basketball and mountain biking, but his true passion was discovered on his high school track.    After winning gold for 100m hurdles at the provincial championships […]

Read More
Lauri Boxer-Macomber Apr 30, 2018

Following a horrific bicycle crash in 2016, Dr. Michael Rifkin has become a new type of bicycling advocate — one who is deeply committed to ending distracted driving. Read his op-ed on Making Distracted Driving in Maine Taboo here. Dr. Rifkin’s piece reminds us that we can be distracted by our phones and other electronic devices even […]

Read More
Load More