Issues of Fact Prevents Summary Judgment Against Bicyclist Going Wrong Way Down One-Way Street

Case: Colpan v. Allied Central Ambulette, Inc.

Court: Supreme Court, Appellate Division, Second Department, New York

Date: 7 /25/12

From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn and Queens; Queens accident lawyer)

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Facts: This accident case presents a bicycle versus automobile collision. A bicycle is supposed to follow the rules of the road for motor vehicles. In this accident, the plaintiff's was riding a bicycle the wrong way on a one-way street. Defendant was denied lower judgment in the lower court, and this appeal followed.

Held: The defendant driver also had a legal duty to avoid colliding with the bicycle by using "due care." The defendant-car driver admitted at deposition that he didn't see the bicycle until the collision occurred. Thus there are issues as to who was at fault in causing this accident, summary judgment is not appropriate and must be denied, so this case must continue to a jury.

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