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In Guity v. Cnty. of Westchester 2019 N.Y. Slip Op. 34310 (N.Y. Sup. Ct. 2019), Plaintiff Beron Guity sought damages for injuries sustained in a bus accident on June 1, 2016, involving an uninsured motorist. Uninsured motorist coverage is a type of car insurance designed to protect drivers and passengers from financial loss when involved in an accident with a driver who is either uninsured or cannot be identified, such as in a hit-and-run incident. This coverage steps in to pay for damages like medical expenses, lost wages, and pain and suffering that would normally be paid by the at-fault driver’s insurance. It helps ensure that individuals receive necessary compensation even when the other party fails to carry adequate insurance, providing a layer of financial security in many unpredictable driving scenarios.

Background Facts

On June 1, 2016, while traveling on the northbound Sprain Brook Parkway in the Town of Greenburgh, New York, a Liberty Lines Transit bus, operated by Yeritza Vasquez and owned by the County of Westchester, was involved in an accident. The onboard video system recorded the incident. The bus was in the center lane when an SUV, moving faster than the bus from behind, swerved from the left lane to avoid a stopped vehicle and collided with the bus. The SUV driver fled the scene, making this a hit-and-run accident. The plaintiff, Beron Guity, a passenger on the bus, sustained injuries during this incident and filed a lawsuit seeking damages, attributing negligence to the bus driver and seeking uninsured motorist coverage from Liberty Lines Transit. The County Defendants acknowledge the accident but contest the negligence claim arguing that the accident was solely caused by the unidentified hit-and-run SUV, not by any action of the bus driver.

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On August 30, 2013, a cyclist, Pedro Rubio, encountered a life-altering incident on his routine commute to the Tarrytown Train Station. While navigating Route 119, a hidden defect in the roadway led to a catastrophic accident that would lead to a lawsuit  over road maintenance responsibilities and safety obligations.

Background Facts

On August 30, 2013, claimant Pedro Rubio was bicycling to the Tarrytown Train Station early in the morning. While riding in the far right lane of Route 119, his front tire struck a defect, causing his bicycle to flip and resulting in his ejection and subsequent injuries. Rubio, an experienced cyclist, frequently used this route three times a week for his commute to work. On the day of the accident Rubio encountered the road defect. He noted the road felt bumpy that week but didn’t observe the specific pothole until the accident occurred.  Rubio filed a personal injury lawsuit against the State of New York. The trial court decided that Rubio had not proven by a preponderance of the evidence that the defendant, presumably the New York State Department of Transportation or another managing body, had actual or constructive notice of the pothole that caused his accident. Rubio appealed.

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Durrans v. Harrison & Burrowes Bridge Constructors, Inc., 128 A.D.3d 1136 (N.Y. App. Div. 2015) is a New York bicycle accident case involving a plaintiff who alleged she was seriously injured due to construction detours and equipment. Road construction often poses significant risks for bicyclists. Construction zones typically involve altered traffic patterns and temporary surfaces that can be hazardous. Uneven road surfaces, gravel, or debris can cause cyclists to lose control. Additionally, signage or barriers may be insufficient or improperly placed, confusing cyclists and funneling them into dangerous paths, like closer to traffic or over unsafe surfaces. These conditions significantly increase the risk of accidents. Proper management of these areas is crucial, including clear signage, maintaining clean and even paths, and considering the specific needs of bicyclists to prevent injuries.

Background Facts

The plaintiff was cycling through Stony Point, Rockland County, when she was forced to take a detour on Lowland Hill Road due to a bridge closure. The detour was part of a bridge reconstruction project managed by Harrison & Burrowes Bridge Constructors, Inc., under contract with the Department of Transportation. Along the detour, orange barrels placed by the construction company narrowed the roadway, funneling traffic toward the center where a recessed manhole cover was inadequately marked. During her detour, the plaintiff’s bicycle hit this manhole cover, causing her to fall and sustain injuries. She then filed a negligence lawsuit against the construction company, alleging improper maintenance of the detour route and specifically the hazard posed by the manhole cover and the misplacement of the barrels.

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