Driver Who Fled Scene Found Liable For Opening Car Door Permanently Injuring Passing Bicyclist

On June 26, 2018, a Manhattan Judge ruled as a matter of law that a driver of a parked car "who opened her door on the moving side of traffic and struck plaintiff" is liable for violating NYS Vehicle and Traffic Law Section 1214. Those facts raise a rebuttable presumption of negligence. As per statute, every person riding a bicycle on a roadway has the same rights and obligations as the driver of a car. You have to look before opening your car door to check if  you can do so without interfering with the movement of traffic.The driver could not dispute that she neglected to check her side view mirror before opening her door - which would have revealed an oncoming bicyclist. Worse yet, the police report indicated that the driver fled the scene of the accident which is yet another violation of the traffic law.

The accident occurred at night on East 82nd Street near York Avenue in Manhattan. The only issue now will be for a jury to determine how much the 43 year old restaurant delivery man should be compensated for a comminuted or shattered clavicle (shoulder) fracture, requiring surgery and five months lost wages. Li v. Fisher, Sup. Ct. New York County, Index No. 152271/16

Ronald C. Burke, Esq

Trial Attorney with 30+ Years of Experience Attorney Ronald C. Burke, Esq. has more than 30 years of experience and has focused his career on representing clients in cases involving personal injury, medical malpractice and legal malpractice. He is a seasoned trial lawyer and has won many seven-figure settlements and verdicts for his clients over the years, including many case victories listed among the largest in the history of the New York State. He has been featured in the news and is a regular lecturer for the New York County Lawyers Association, as well as having lectured before the New York State Bar Association. Ron is also an attorney with Kelner & Kelner, a New York personal injury law firm. Awards and Accolades Mr. Burke's awards and accolades are many. Among them, he has been included in New York Super Lawyers® each year since 2010, and he has received the highest-possible AV® Rating from Martindale-Hubbell®. Verdict Search, a part of the New York Law Journal, frequently recognizes his notable successes after winning some of the highest settlements and verdicts in past years. He was also featured in their list of the "Top New York Verdicts " and "Top New York Settlements." He is a member of the New York State Bar Association and is licensed to practice law in the U.S. District Court for the Southern and Eastern Districts of New York, as well as before the United States Supreme Court. When Attorney Burke is not handling legal malpractice cases, he is highly involved in the local community. He was a member of the Village of Rockville Centre Volunteer Fire Department, has served on the local school board and as Chairman of the local Zoning Board. Learn more about Attorney Burke and how he can skillfully handle your malpractice case by contacting the Law Offices of Ronald C. Burke, Esq. right away to schedule your complimentary case evaluation. Our firm is here to help! Contact a New York Legal Malpractice Attorney Our firm provides each client's case with thorough preparation and aggressive representation, ensuring that you win the best possible results for your case whether it is settled or goes to trial. As a seasoned trial lawyer, Mr. Burke can provide the strong and relentless representation you need to establish negligence in a legal malpractice case and to recover any damages you may have suffered. Our firm can recover compensation for pre-trial and trial malpractice, violations of fee arrangements, loss of income, pain and suffering, and much more. Contact us today!


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