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Uber and Lyft

Rideshare made its first appearance on New York streets in late June 2017. The two authorized rideshare companies operating in New York City (NYC) are Uber and Lyft. ⁽¹⁾

Rideshare is similar to taxi services and provides passenger transportation for a fee. However, rideshare uses phone apps and networks to connect passengers and drivers. Rideshare services are prearranged, while taxis can be hailed on the street.

Increasing Rideshare Fatalities

Like a taxi, using rideshare comes with accident risks. In fact, since rideshare first emerged as a viable public transportation option in 2011, there has been an “increase of 2-3% in the number of motor vehicle fatalities and fatal accidents.” ⁽²⁾

Uber tracks crashes that involve its vehicles and drivers. The company disclosed that there were 97 crashes with 107 total deaths during 2017 and 2018. “Approximately 90% of Uber-related fatal crashes occurred in urban areas.” ⁽³⁾

Rideshare accidents can result in serious injuries to passengers, and often it requires legal action to secure full compensation. Your key to obtaining that compensation is pinpointing the cause of the accident.

Causes of Rideshare Accidents

Various factors contribute to rideshare accidents. Most often, the primary factor leading to a rideshare accident is driver error.

Drivers can contribute to rideshare accidents in these ways: ^{(4) (5)}

• Distracted driving.
• Failure to obey traffic signals, signs, or rules of the road.
• Failure to observe road conditions.
• Inexperience.
• Speeding.
• Being unqualified for the service.

No matter what leads to an accident, the injuries you suffer can be serious and your recovery times may be lengthy.

Rideshare Accident Injuries

Injuries from rideshare accidents can range from minor to critical. Serious potential injuries include:

• Broken bones.
• Contusions.
• Death.
• Internal organ injuries.
• Traumatic brain injuries.
• Spinal cord injuries.

If you have suffered serious injuries due to a rideshare accident, you need to understand how insurance companies cover the drivers and their vehicles. This understanding is very important to receiving any deserved financial compensation for your injuries.

Rideshare Insurance

Rideshare insurance is different from the commercial insurance coverage taxi companies are required to carry.

Key to this difference is that taxi drivers are employed by taxi companies carrying standard commercial coverage on their vehicles. Also, taxi drivers are required to have commercial driver licenses. ⁽⁶⁾

Rideshare drivers, on the other hand, operate more or less independently. They may or may not have commercial licenses and are only required to carry standard personal insurance. ⁽⁷⁾

When a rideshare driver is driving a passenger for a transportation network company (TNC) — commonly known as a rideshare company, such as Uber or Lyft — the vehicle is covered by the insurance policy carried by the TNC. ^{(8) (9)}

Yet, rideshare drivers also may carry passengers while off a TNC. In such cases, the TNC’s insurance does not extend coverage for that ride. ⁽¹⁰⁾

Insurance Gap

Additionally there are times when an “insurance gap” period occurs where the rideshare vehicle is not covered by TNC insurance or by standard personal insurance. This can happen when a driver has their app on and is logged into the TNC’s network while awaiting a passenger. ⁽¹¹⁾

In such cases, the personal insurance company interprets the situation as a driver working for the TNC. However, the TNC insurance company views the driver and vehicle as not covered because there is no passenger, and the driver is not on the way to pick up a passenger. Situations like this may require an attorney to resolve.

Some rideshare drivers do carry insurance policies with “rideshare coverage” added on to the policy. However, it is not required. ⁽¹²⁾

New York Rideshare Law

New York law requires TNCs operating to carry TNC liability insurance. This provides coverage while a rideshare driver is driving a passenger. The vehicle liability insurance must be $1,250,000 per occurrence. ⁽¹³⁾

Insurance is a vital concern in any legal action you may wish to take if you have suffered serious injuries in a rideshare accident. An attorney with experience in rideshare cases can help you evaluate your legal options.

Legal Options with Rideshare

Rideshare accidents are made more complex due to the nature of insurance coverage. Rideshare drivers are not employees of companies. They are considered to be independent contractors.

For example, imagine an accident where the rideshare driver is at fault. If that driver has a commercial or personal auto insurance policy covering ridesharing, their coverage applies for your injuries.

However, most do not have commercial policies. They may even have a business-use exception clause on their personal insurance policy. That means damages for injuries while the driver is working are not covered.

Uber and Lyft both carry third party liability insurance that may cover your injuries.

If another vehicle is involved in the accident, and the other driver (not the rideshare driver) was at fault for your injuries, you may be able to recover damages from their insurance.

What to Do if You Are in a Rideshare Accident

Here are some steps you should take after a rideshare accident:

• Seek medical attention for yourself and others. Records from an emergency room can document your injuries.
• Collect evidence: witness and driver contact information, photos, etc.
• Assess who is at fault. A copy of the police accident report helps determine this.
• Contact an attorney who has experience in this area.

How W&L Can Help

The complexity of insurance when it comes to rideshare accidents means you need an attorney who is experienced in handling these cases and winning for clients.

Weitz & Luxenberg is proud of our success record. For more than 30 years, our firm has helped clients gain the just compensation they were due.

Here are two of our successful accident cases:

• W&L achieved a $20.5 million+ verdict for a hit-and-run-victim who will spend the rest of his life in a wheelchair.
• W&L secured a $1.4 million settlement for a woman struck by an ambulance on the streets of New York City.

Across the state of New York there are approximately 16,650 people employed as taxicab drivers. Most of them work within New York City. ⁽¹⁾ Not surprisingly then, New Yorkers can grab a yellow taxicab at almost any hour, to go almost anywhere in the city.

NYC Taxi Commission Keeps Track of Accidents

With more than 13,500 taxicabs on New York City streets, there is strict enforcement of licensing by the New York City (NYC) Taxi & Limousine Commission (TLC). ⁽²⁾

The TLC not only licenses drivers and vehicles, it also tracks crashes involving death and serious injury. The TLC reported 40 fatal or critical injury crashes involving TLC-licensed drivers in 2018. There were also critical crashes in 2019. ⁽³⁾

Additionally, TLC data indicates more than 1,600 crashes involving medallion taxis in NYC between January and September 2020; more than 350 of those crashes resulted in injuries. ⁽⁴⁾

Injuries sustained in taxi accidents may range from minor to life-threatening. Yet, they often come with a heavy toll for victims.

If you have been seriously injured in a taxicab accident, it would be wise to consider taking legal action.

Causes of Taxi Accidents

Pinpointing the exact cause of a taxi accident can be difficult because any number of factors may come into play.

According to the National Safety Council, driver errors that lead to serious crashes included: ⁽⁵⁾

• Aggressive driving (road rage or failure to yield right-of-way).
• Distracted driving (using cell phones or texting while driving).
• Driving under the influence of drugs or alcohol.
• Carelessness.
• Improper lane usage.
• Not using safety belts.
• Speeding.

Other driver related factors that can lead to accidents are: ⁽⁶⁾

• Failure to observe traffic signals, signs, or rules of the road.
• Failure to adjust driving to correspond with road conditions.
• Fatigue.
• Inattention.
• Inexperience.
• Lack of qualifications.
• Emotional state.
• Unfamiliarity with the road.

Serious Injuries from Taxis

Unfortunately, taxi crashes can result in serious injuries, even death.

Some of the injuries sustained in taxi accidents are:

• Broken bones.
• Contusions.
• Internal injuries to organs.
• Traumatic brain injury.
• Spinal cord injuries.
• Death.

Many of these injuries require expensive treatments and may involve lengthy recovery times. Such circumstances can jeopardize your financial security, as well as your mental and emotional well-being.

Legal Options

If you were injured in a taxi accident, you should talk to an attorney who can help you explore your legal options.

In the case of serious injuries, a lawsuit may be necessary so you can secure full compensation. That compensation is typically paid by insurance companies.

The NYC TLC requires taxis to carry insurance. The TLC sets minimum insurance levels according to the type of vehicle and the vehicle’s seating capacity. ⁽⁷⁾

A taxicab is a commercial vehicle requiring “special and more comprehensive insurance” than a standard car. ⁽⁸⁾

Commercial vehicles require personal injury protection, property damage liability, medical costs, and uninsured/underinsured motorist coverage, just as standard car insurance does. ⁽⁹⁾ However, the amount of coverage required is much higher, as is the cost for that coverage.

Also, it should be noted that a case for a taxi accident would be handled differently than a case involving a rideshare vehicle. Rideshare vehicles, such as Uber and Lyft, generally have private insurance coverage rather than the more extensive commercial insurance.

The significant difference is that rideshare drivers are considered to be independent contractors, while taxicab drivers are employed by companies.

So, if a taxi driver was 100% at fault in an accident, the taxi company’s insurance must pay you 100% of the damages.

If the taxi driver was 50% at fault, and another driver was 50% at fault, the taxi company’s insurance pays you for 50% of the damages.

If another party was at fault for the accident, their insurance covers the damages.

Insurance Conditions for Taxi Drivers

Remember, taxi drivers work for companies that have insurance for accidents. Since they are considered professionals, “Certain rules exist for taxi professionals. Drivers are required to meet certain conditions in order to be approved for coverage.” ⁽¹⁰⁾

One of those conditions is an age requirement. Professional drivers must be between 25 and 65 years old. When older than 65, they must have passed a medical exam. ⁽¹¹⁾

Another condition is that taxi drivers must have a clean driving record. Once they have a certain number of violations, they become “absolutely ineligible” for insurance coverage. ⁽¹²⁾

If a taxi driver who is involved in your crash does not meet a required coverage condition, this can support your case against the taxi company involved.

What to Do if You Are in a Taxi Accident

If you are in a taxi accident, here are some steps you should take to help protect your rights to compensation:

• First and foremost, seek medical attention. A visit to an emergency room documents your injuries. This can support your claims in any legal action you take against the taxi company.
• Collect evidence: photos, witness names and contact information, etc.
• Assess who is at fault. A copy of the police accident report can help make this determination.
• As soon as you are able, contact an attorney.

How W&L Can Help

Weitz & Luxenberg attorneys can help you through the legal process, deal with insurance claims, and protect your rights. Our experienced attorneys have a distinguished record of success.

Here are just a couple of cases W&L successfully handled:

• W&L won a $20.5 million, plus $3 million for medical expenses, verdict for a man paralyzed from the chest down in a hit-and-run car accident.
• W&L secured a $1.4 million settlement for a woman who was struck by an ambulance on a New York City street.

Studies indicate 1,000 people a year are killed in the U.S. by electrocution. “Most of these deaths are related to on-the-job injuries.” ⁽¹⁾

Electricity exposure in the home is even more concerning since it frequently affects children. For children under the age of 12, one study found “household appliance electrical cords and extension cords caused more than 63% of injuries… Wall outlets were responsible for 15% of injuries.” ⁽²⁾

Workplace Electrical Accidents

According to the Electrical Safety Foundation International (ESFI), a nonprofit safety advocacy group, between 2011 and 2024, 70% of electrical fatalities occurred in nonelectrical occupations. Additionally, 2023 electrical fatalities reached 121, while 2024 fatalities topped out at 96. ⁽³⁾

“The construction industry had the highest number of electrical fatalities (907),” according to ESFI. ⁽⁴⁾

ESFI reports the leading primary sources of fatal occupational electrical injuries were from: ⁽⁵⁾

• 42.8% — overhead power line contact.
• 19.3% — unexpected contact with electricity.
• 4.1% — working on energized parts.
• 12.7% — nearby energized equipment contact.
• 4.0% — ground faults.
• 3.1% — damaged wiring or equipment.
• 2% — arc flashes.

However, electric shock and electrocution accidents happen at home or in non-work related activities. It is important to know what causes these accidents.

Causes of Non-Occupational Electric Shock

Electric shock accidents, especially in the home or in connection with non-work related activities, stem from: ^{(6) (7)}

• Faulty appliances sold to consumers have led to serious injuries. Manufacturers may be held accountable for the injuries their defective products cause.
• Damaged or frayed cords can cause electrical shocks if they are not in good condition and do not work as they should.
• Contact with water can result in electric shocks from appliances if this occurs and could indicate a lack of functioning safety features.
• Household wiring should be checked or fixed by a licensed electrician to ensure it is operating correctly. Electricians can determine if the electrical system or your home’s wiring is faulty.
• Downed power lines due to a storm or an accident should be reported to the utility company. Once reported, the company can be held responsible for any injuries if it does nothing about the problem or any response is delayed.
• Lightning strikes during storms are always a threat. Anyone at a pool or on the beach is at risk of being struck. Lifeguards have a responsibility to get people to safety. If campers are left outside during a lightning storm, they could be seriously injured; the same holds true on golf courses and ball fields. These situations can be grounds for a lawsuit if facility management does not enforce safety precautions.

Job Related Activities Have Electrocution Risks

The highest number of deaths associated with electrical accidents occurs among workers performing job related activities.

According to a 2023 National Fire Protection Association findings, electrical fatalities occurred while workers performed activities such as: ⁽⁸⁾

• 58% — constructing, producing, or repairing.
• 15% — heavy industrial construction, production, and materials moving.
• 20% — landscaping or agricultural activities.
• 2 — transportation activities.

When electrical shock or electrocution accidents occur on a job site, employers may be held accountable for violations of any Occupational Safety and Health Administration (OSHA) standards related to the accident.

Manufacturers can be liable for faulty or defective parts and equipment. Even coworkers may be held accountable for actions putting themselves or others at risk.

What leads to these occupational electrical accidents can vary.

Common Causes of Occupational Electrocution

Occupational electrocutions are frequently the result of exposure to electrical sources, or coming in contact with power lines. More and more, these incidents are not limited to electrical occupations. “Non-electrical occupations account for 70% of workplace electrical fatalities,” says ESFI. ⁽⁹⁾

Many workers have been electrocuted when they came into contact with vehicles or equipment that are also in contact with an energized power source. Boomed vehicles can be extremely dangerous.

The study reports electrocutions among construction workers for reasons such as: ⁽¹⁰⁾

• Absence of required personal protective equipment, e.g., gloves, sleeves, mats, and blankets — employers must provide this protective equipment and can be held liable if they do not.
• Improperly installed wires or equipment.
• Ladders or scaffolding that are energized.
• Boomed lifts also come in contact with an energized source.
• Trucks or vehicles other than boom vehicles that are energized.

Contact with energized sources may result in a variety of serious injuries.

Electric Shock Injuries

Some of the serious injuries sustained from electric shock include: ⁽¹¹⁾

• Cardiac arrest (heart attack).
• Coma or memory loss, or both.
• Muscle, nerve, and tissue damage from current passing through your body.
• Muscle damage that can lead to kidney damage or failure.
• Thermal burns near the entry and exit points of electricity flowing through your body.
• Respiratory issues affecting your breathing.

Electrical shock injuries are complex. Recovery from serious electrical shock injuries can take weeks, months, or even years. Treatment can be expensive, and some damage may be permanent.

What to Do If You Have Been Injured

The first step to take when someone is suffering an electrical shock is to separate the victim from the electrical contact point, or turn off the electrical flow without touching the victim.

Push them off or away from the electrical source using something that does not conduct electricity, such as a wooden stick or plastic pole. Then look for the symptoms of injury: ⁽¹²⁾

• Breathing problems or not breathing at all.
• Burns.
• Cardiac arrest or heart rhythm problems.
• Confusion.
• Seizures.
• Loss of consciousness.
• Muscle spasms.

Seek immediate medical attention, in an emergency room, for any of these symptoms. An emergency room visit helps document injuries should you decide to pursue legal action later.

If you have sustained serious electric shock injuries requiring extensive and lengthy treatment in New York, contact an attorney as soon as you are able.

An attorney can help you handle insurance claims, guide you through the legal process, and help secure compensation for you and your family from the person, company, or product responsible for your injuries.

How Weitz & Luxenberg Can Help

Weitz & Luxenberg attorneys have years of experience in personal injury claims. Thousands of our clients have benefited from our experience.

Some of the cases where we have helped clients recover compensation due them include:

• $10 million for a teenage boy blinded in one eye from a negligently designed bungee cord system.
• $2.96 million for a worker’s amputated leg by a coworker’s negligent driving of a hi-lo into a conveyor belt pit — a pit that had inadequate barriers for vehicles.

Construction Sites Are Dangerous

In New York City (NYC) alone, thousands of major construction projects — involving more than 170 million square feet — are currently under way across all five boroughs. ⁽¹⁾ And the construction industry is very dangerous. In fact, the “fatal injury rate for the construction industry is higher than the national average… for all industries.” ⁽²⁾

Out of 5,283 worker fatalities in private industry in 2023, there were 1,075 — almost 20% — in construction. ⁽³⁾ In NYC that year, 24 construction workers died from work-related injuries. ⁽⁴⁾

Workers and Passersby Get Hurt

Construction workers are not the only ones hurt in construction-related accidents. A woman was killed when a large metal cylinder crashed into her. It escaped from a nearby construction site on a university campus. ⁽⁵⁾

In fact, according to The Wall Street Journal, “Construction accidents regularly injure passersby.” At least once a month, “a passerby is injured near a New York City construction site.” The hazard can be anything from falling debris, construction tools, and glass to windblown fencing and collapsing sidewalk sheds. ⁽⁶⁾

More than 630 construction incidents occurred in 2024 in NYC. These resulted in more than 480 injuries and 7 deaths. ⁽⁷⁾

Types of Construction Accidents

The four main types of construction related accidents responsible for workplace deaths are falls, struck-by incidents, caught-in/between, and electrocution. ⁽⁸⁾ “The ‘Fatal Four’ accounts for a majority of fatalities in construction.” ⁽⁹⁾

Falls, slips, and trips resulted in 19 fatalities in 2023 in NYC. Exposure to harmful substances or environments also resulted in 19 fatalities. Each of these types of fatal events accounted for 28% of all fatal work-related injuries. ⁽¹⁰⁾

Construction accidents led to the most fatalities of all private industries in 2023. The category of falls, that includes slips and trips, made up 39.2% of construction fatalities — 421 deaths. ⁽¹¹⁾

Accidents can also occur when working with concrete. People can experience eye, skin, and respiratory tract irritation when exposed to cement dust. Exposure to wet concrete can result in chemical burns. Equipment accidents and overexertion can also lead to injuries. ⁽¹²⁾

New York has comprehensive, rigorous, detailed instructions for Protection in Construction, Demolition, and Excavation Operations. ⁽¹³⁾

These topics indicate the many ways construction sites can lead to serious injuries and accidents if proper precautions are not taken: ⁽¹⁴⁾

• Hand tools.
• Lumber and nail fastenings.
• Power-driven machinery.
• Electrical hazards.
• Safety railing.
• Sidewalk sheds and barricades.
• Ladders and ladderways.
• Structural runways, ramps, and platforms.
• Roof work.
• Lead fumes and dust from structural steel.
• Safety notices, warning, and avoidance.
• Protection for persons passing by construction, demolition, or excavation operations.

Protection for People Passing By

In particular, protection for persons passing by construction, demolition, or excavation operations states: ⁽¹⁵⁾

• “Every area, building or other structure where construction, demolition or excavation work is being performed shall be so constructed, shored, equipped, guarded, arranged, operated and conducted as not to endanger any person passing by on any sidewalk, street, highway or other public or private thoroughfare.”
• “The means, methods, procedures, devices or structures used to provide such protection and safety shall include but not be limited to railings, fences, barricades, sheeting and shoring, sidewalk sheds, temporary walkways and temporary roadways. Such means, methods, procedures, devices or structures shall be selected to provide the required protection and safety in accordance with the particular hazard or hazards involved.”

Entire topics from New York State’s Department of Labor also address: ⁽¹⁶⁾

• Falls from scaffolds and ladders.
• Combustion devices.
• Structural steel assembly.
• Gases and exhaust piping.
• Forklift accidents.
• Exposure to dangerous chemicals, such as lead fumes.

Worker falls are the leading cause of construction related injuries and fatalities in NYC. ⁽¹⁷⁾

Injuries from Construction Accidents

Death can result from construction accidents. Falls alone led to close to 40% of construction related worker deaths in the U.S. in 2023. ⁽¹⁸⁾

Construction accident injuries can range from minor scrapes to more serious injuries, including: ^{(19) (20) (21) (22) (23) (24) (25) (26)}

• Sprains, strains, and tears.
• Fractures and broken bones.
• Cuts, lacerations, and punctures.
• Blows to the head that result in brain injury.
• Heat-related and chemical burns.
• Amputations.
• Multiple traumatic injuries all at the same time.
• Electrocution.
• Illnesses caused by dangerous chemical exposure.

Legal Options

If you were injured at a construction site while working as an employee for a specific employer, you can file for workers’ compensation through your employer. If you are an employee, the company you are working for withholds income tax, Social Security, and Medicare from your wages. Your employer is responsible for following labor and employment laws. ⁽²⁷⁾

If you are an independent contractor and got injured while working at a construction site, you need to contact a lawyer specializing in personal injury law to receive compensation for your injuries. For independent contractors, “the company does not withhold taxes. Employment and labor laws also do not apply” to you. ⁽²⁸⁾

Negligence: Who Was Responsible?

Whether you were a passerby who was injured because of a construction-related accident or you were an independent contractor working at a construction site when you were injured, you need to consult with a reputable and experienced personal injury attorney about seeking compensation.

Your attorney helps you consider who was responsible for your accident? Was it the person or company that employed you? Or a third party? Maybe several people were negligent.

Your lawyer must prove that someone had a duty of care, breached their duty of care, your injuries were caused by the breach, and you were damaged by the breach. These are all legal terms that your attorney can help you understand.

Product Liability Claims

If you were hurt using a particular piece of equipment at a construction site, you may be able to file a product liability claim if that product was defective.

There are three types of product liability claims for defects: ⁽²⁹⁾

• Design defects. Design defects mean the product was poorly designed and was inherently defective before it was ever manufactured.
• Manufacturing defects. Manufacturing defects take place during construction or production of the product.
• Defects in marketing. Defects in marketing might refer to improper instructions about how to use or assemble the product. Defects might also refer to failure to warn people about potential dangers of using the product.

Common Potentially Defective Construction Site Products

Common potentially defective construction site products include: ^{(30) (31)}

• Power tools.
• Ladders.
• Vehicles.
• Scaffolding.
• Chemicals.
• Steel, lumber, roofing materials, and nail fastenings.

How W&L Can Help

If you have been injured or a loved one has been killed due to a construction-related accident, you should examine your legal options.

Weitz & Luxenberg is a law firm recognized nationwide for its efforts in helping thousands of clients receive appropriate compensation for significant personal injuries due to the negligence of others. Not only are we one of the most experienced and knowledgeable personal injury law firms in the country, we are NYC’s largest personal injury litigation firm in the region.

Our attorneys are prepared to review your case and take legal action that best suits your specific circumstances. We have a solid winning track record.

Here are some examples of construction accident cases Weitz & Luxenberg won for our construction worker clients:

• $4 million settlement for a union painter who fell from a scaffold.
• $1.25 million settlement for a laborer hit by a cinder block wall.
• $950,000 settlement for our client who fell from a lift truck.
• Six-figure financial settlement for an ironworker who stepped into an unmarked hole at his jobsite.
• $370,000 in compensation for a carpenter who was inured due to an unsecured tarp.
• Large financial settlement for an undocumented worker who fell from a baker scaffold.
• $1.1 million settlement for a union carpenter who fell while carrying sheet rock up a ladder.
• $625,000 settlement for our client who fell when the scaffold platform he was standing on collapsed.

Updated January 2026

Bicycle Accident Statistics

In 2023, pedalcyclists accidents killed 1,166 people nationwide. This is up 4% over 2022 fatalities. In 2023, a whopping 81% of pedalcyclist fatalities were in urban areas and 28% occurred at intersections. ⁽¹⁾

“Pedalcyclists who died in single-vehicle traffic crashes involving passenger vehicles (passenger cars and light trucks including SUVs, pickups, and vans) were more likely to be hit by the front of these vehicles as compared to crashes involving large trucks and buses,” says the National Highway Traffic Safety Administration (NHTSA). ⁽²⁾

Other bicycle fatality and injury facts reported by NHTSA: ⁽³⁾

• Alcohol involvement accounted for 34% of all fatal crashes.
• Injuries to pedalcyclists increased 8%, to 49,989.
• Rates of fatalities (7%) and injuries (5%) were higher for males than females.
• Males suffered 87% of fatalities and 83% of injuries.
• Fatalities for pedalcyclists in traffic crashes had an average age of 48.
• Traffic fatalities in New York City (NYC) totaled 204; of these, 22 (10.8%) were pedalcyclists.

Serious bicycle accidents can result in severe injuries or death. Severe injuries may require hospitalization, expensive medical treatments, and lengthy recovery times.

“That equates to an eye-popping $12.2 billion in societal costs from bicyclist deaths in 2023 (based on cost estimates from 2019, pre-Covid era inflation),” says The League of American Bicyclists. Societal costs include “medical expenses, lost wages and benefits, lost household work, lost quality of life, legal expenses, and insurance administration.” ⁽⁴⁾

New York Bicycle Crash Facts

The NYC Department of Transportation reports 21 fatalities in the first half of 2025 for traditional bicycles and motorized two-wheelers. ⁽⁵⁾

A breakdown of citywide traffic fatality totals involving bikes in 2025 includes: ⁽⁶⁾

• Total pedestrian deaths — 51.
• Traditional bicyclist killed — 1.
• E-bike deaths — 6.
• Standup scooter death — 1.
• Moped deaths — 6.

According to analysis based on the NYPD Motor Vehicle Collisions Dataset for March 13, 2025 to 2026, citywide bicycle crash injuries and fatalities include: ⁽⁷⁾

• Total number of cyclist incidents — 4,033.
• Total cyclist injuries — 4,086.
• Total cyclist fatalities — 13.

With incidents involving bicycles, it is important to look at what causes these accidents.

Common Causes of Bicycle Accidents

There are numerous causes of bicycle accidents and the outcome may be very serious. Here are some of the most common causes:

Driver inattention and distraction — Drivers are more distracted today because of texting and cell phone use. “Distracted drivers are less aware of their surroundings and can easily overlook cyclists.” ⁽⁸⁾

Poor road conditions — “Uneven pavement, potholes, gravel, and other road hazards can cause a cyclist to lose control, leading to falls or crashes.” Cycling at higher speeds worsens these problems. ⁽⁹⁾

Disobeying traffic laws — When cyclists run red lights or fail to yield at stop signs, they increase chances for accidents. ⁽¹⁰⁾

Protective gear — Failure to wear any protective gear or to wear inadequate protective gear can increase risks for injuries. For example, a helmet is one of the best ways of protecting your head in a crash. ⁽¹¹⁾

Riding at night — Nighttime riding is more dangerous due to visibility concerns. Riders not wearing reflective gear may not be seen by drivers, especially in bad weather or conditions which already limit visibility. ⁽¹²⁾

Other possible causes of bicycle accidents:

• Drunk drivers.
• Drivers not sharing the road.
• Improper turns.
• Defective bicycles.

Regardless of the causes of an accident, bicyclists can suffer a number of injuries. Bicyclists are out in the open with nothing surrounding them to provide protection.

Bike Accident Injuries

The most common injuries sustained in bicycle accidents include soft tissue and musculoskeletal trauma. But the most disabling or fatal harm often results from head injuries. ⁽¹³⁾

“Crash severity often depends on speed, helmet use, and whether a motor vehicle is involved, making awareness a key part of rider safety.” ⁽¹⁴⁾

Researchers found, “an increase in injuries associated with higher impact forces and the potential for more severe morbidity and mortality, such as internal organ injuries… The extremities are the most commonly injured body parts (upper and lower arm, elbow, wrist, hand, fingers, upper and lower leg, knee, ankle, foot, and toe.” ⁽¹⁵⁾

Traumatic Injuries

Traumatic injuries affecting the head, face, eye, muscles, skeleton, chest, abdomen, organs, spine, and neck may include: ^{(16) (17)}

• Skull fracture.
• Traumatic brain Injuries.
• Cervical spine trauma.
• Thoracic or lumbar fractures.
• Neck strain and whiplash.
• Chest, abdominal, and organ damage.
• Internal bleeding.
• Facial bone fractures.
• Concussion.
• Contusions.
• Dental fractures.
• Eye socket and orbital damage.
• Abrasions and deep scrapes.
• Cuts.
• Muscles bruising and swelling.
• Wrist, hand, forearm, and clavicle fractures.
• Shoulder dislocations.
• Ligament damage.
• Tibia and fibula fractures.
• Ankle and foot trauma.

A quick glance at the demographics of bicycle accidents reveals who is most likely to suffer these injuries.

Demographics of Bicycle Accidents

Among the demographics for bicycle accidents the Centers for Disease Control and Prevention (CDC) notes are: ⁽¹⁸⁾

• The highest death rates are among adults 55-69.
• Most of the roughly 120,000 injuries treated in emergency departments are for adolescents (10-14 years).
• Male fatality rates are 7 times higher than females.
• Male injury rates are 4 times higher than females.
• More than one-third of bicyclist deaths are alcohol related.

Despite these demographics, when a bicycle accident occurs, a determination of liability must be made.

Liability

Liability (legal responsibility) is an important consideration in any accident. Determining liability identifies who is accountable and should pay damages (money awarded) in a lawsuit.

The majority of bicycle accidents involve drivers and cyclists. In these cases, the drivers of a motor vehicle or their insurance company can be held accountable for causing an accident.

Governments are responsible for maintaining streets and roadways. Tight budgets and limited funding can delay needed maintenance and repairs. When bicycle accidents happen because of poor road conditions, government agencies can be held liable.

Bicyclists need to understand the basic rules of liability and must follow traffic laws. If they do not, they can be held partially accountable for an accident.

Other cyclists, and even pedestrians, can be held liable. They are responsible if they violate a rider’s right-of-way, leading to an accident.

Defective Bicycles

If you suffered an injury from riding a defective bike, you may be able to sue to recover damages. In these cases, something is wrong with the bike itself, and the defect caused you to get hurt while you were using it.

Brakes can fail, wheels can fall off, or other parts of bicycles can function incorrectly. These can cause a bike to crash, or throw you off or even into traffic.

Manufacturers can be held liable for poor bicycle design or inferior construction. They are responsible for creating safe, usable products that function correctly.

If you rented the bicycle, the rental company may have done something wrong. The company might not have maintained the bike properly. Or it may have rented you one it knew was damaged or malfunctioning.

Your attorney can help identify who may be liable in your bicycle accident legal case.

What To Do If You Are in a Bicycle Accident

If you have been in a bicycle accident, these are steps you should take to protect your rights:

• Seek medical attention for any injuries.
• Wait for the police to arrive, if possible.
• Exchange contact information with the other party: do not admit fault or apologize, do not negotiate.
• Report your version of events to the police.
• Record the officer’s name, badge number, and the report number.
• Document what happened: take pictures of the scene with your cell phone, including the damage done and injuries sustained.
• Collect any other evidence.
• Write down when, where, and how the accident occurred.
• Hire an experienced attorney: do not talk to the other party, their lawyers, or their insurance company.

How W&L Can Help

Weitz & Luxenberg attorneys have successfully represented thousands of clients over the years. We handle all types of personal injury cases, securing verdicts and settlements in the millions of dollars.

Here are a couple of our successes:

• W&L won a $20.5+ million verdict for a man confined to a wheelchair after a hit-and-run accident.
• W&L negotiated a $1.4 million settlement for injuries suffered by a woman hit by an ambulance and has lasting health issues.

Updated March 25, 2026

What Is Premises Liability?

Basically, “premises liability” refers to whether the owner of a property is responsible if you hurt yourself while on that property. Depending on the specific circumstances, the owner could be entirely responsible for all of the injuries you experienced while on the property. ⁽¹⁾

Common Premises Liability Cases

If a property owner creates or allows a dangerous condition to exist, you may be able to file a lawsuit requesting compensation for any injuries you suffered while on that property.

Although specific laws vary by state, certain types of injuries are treated similarly:

• Slip and fall — You trip and get injured while entering or being in a place of business. Or you slip and fall on a slick floor or patch of black ice on a sidewalk or in a parking lot. Because the owner of the property failed to take reasonable precautions to ensure your safety, that owner is liable for your injury. ⁽²⁾
• Swimming pool accidents — Swimming pool accidents can range from slipping and falling to diving, getting electrocuted, drowning, and being exposed to toxic chemicals or harmed by a pool’s drain.
• Inadequate maintenance of property — Property owners are required by law to inspect and maintain their properties. They are also expected to warn “foreseeable users” about potential dangers. These responsibilities are part of land ownership, whether business or residential. ⁽³⁾
• Dog bites — States have liability laws requiring dog owners to take reasonable measures to prevent their dogs from biting and injuring people.
• Broken stairs and railings — As mandated by law, property owners are required to inspect and maintain their property. This includes repairing broken stairs and railings, or warning users of potential dangers. ⁽⁴⁾

Duty of Care

Duty of care is a legal principle evaluating use. It determines if someone acted “as a reasonably prudent person in their position would.” ⁽⁵⁾

When it comes to premises liability, a judge considers whether the business or homeowner took reasonable measures to ensure their customers, visitors, or guests would be safe on their property. If not, the property owner may be responsible and have to pay for your injuries.

Property Owner’s Duty of Care

A business or homeowner must make a “reasonably informed, good faith, rational judgment” about how to maintain their property and safeguard the wellbeing of others. If not, a judge or jury would likely side in the favor of anyone who is injured while on a person’s or business’s property. ⁽⁶⁾

The “owner/occupant/lessor of a property is under a duty to exercise ordinary care in the use, maintenance or management of such premises in order to avoid exposing people to an unreasonable risk of harm.” ⁽⁷⁾ This is true whether the potential danger is caused by a natural condition or a condition created on the property. ⁽⁸⁾

Invitee or Licensee Versus Trespasser

A property owner, whether commercial or residential, has a responsibility to safeguard people who come onto the property. Legally, it matters whether you were invited, or otherwise allowed onto a property, versus if you trespassed or were not invited or allowed onto the property. ⁽⁹⁾

A “licensee” is a person who is in possession of a license. A licensee has been granted some rights by a licensor to “do something that would otherwise be legally prohibited.” For example, if you visit a friend’s house for dinner as an invited guest, you would be considered a licensee under the common law. You are allowed onto a property because you received express or implied invitation by the homeowner. ⁽¹⁰⁾

An “invitee” is also allowed onto someone’s property. This legal term refers to someone permitted to enter a commercial or professional property, such as a grocery store or other retail or professional establishment. ⁽¹¹⁾

On the other hand, a trespasser is someone who knowingly enters another person’s property without permission. If you enter someone’s home without an invitation or break into a store when it is closed, you might be a trespasser. ⁽¹²⁾

Visitor Responsibilities

Property owners have a responsibility to take reasonable precautions to maintain the safety of their property. However, this does not mean they are held responsible for every accident that might occur.

Visitors to a property also have a responsibility to “be aware of conditions” on a given property. ⁽¹³⁾ Visitors are expected to be aware of their surroundings and take reasonable precautions to prevent accidents and injuries. This is called “mitigation.”

In general, “no liability applies to the property owner if a person’s injury resulted from a danger that was open and obvious to people.” ⁽¹⁴⁾

For example, in one legal case, a person fell down a flight of stairs while walking in downtown Los Angeles in broad daylight. The stairs were not defective. The property owner could not have foreseen any unusual danger. The person walking should have been paying closer attention to where he was walking. ⁽¹⁵⁾

In another case, someone was injured when he tried to step over a ditch which happened to collapse beneath him. The court ruled the person should have foreseen possible danger. ⁽¹⁶⁾

Are You Eligible for Filing a Premises Liability Lawsuit?

When considering if you might be eligible to file a premises liability lawsuit, ask yourself:

• Were you on the property legally?
• Was the property owner negligent in maintaining the property? Did they fix unsafe conditions or warn of potential hazards?
• Did the property owner’s negligence lead to your injury?

If you answered yes to these questions, you may be entitled to compensation. The next step is to contact a reputable law firm for more information about your legal options.

How W&L Can Help

Weitz & Luxenberg handles premises liability cases and other accident-related personal injury lawsuits. We have been handling these types of cases for over30 years and have a solid history of winning.

Here are some examples of lawsuit we won on behalf of our clients. Our clients were injured because the property owners did not take reasonable measures to maintain the safety of their property:

• Multimillion-dollar settlement on behalf of a man who suffered a severe brain injury after he fell from the walkway of an apartment building’s second story.
• More than $16 million verdict on behalf of clients who were victims of an execution-style murder at their apartment building because the landlord had not taken reasonable measures to ensure their safety. A defective lock on the front door allowed intruders.

Premises liability laws are complex. Hiring a law firm specializing in this type of law is important.

An experienced attorney at Weitz & Luxenberg can provide you with the legal guidance necessary to achieve the best possible outcome for your lawsuit.

If you have been injured because of someone else’s negligence, you may face mounting medical bills and loss of income. You’ll probably also have physical pain and suffering, along with anxiety, during your recovery.

The person or company that hurt you needs to pay for what they did. If they don’t do the right thing, you’ll probably have to file a lawsuit.

Personal Injury Lawsuit Steps

A personal injury lawsuit is a civil lawsuit which could help you gain compensation you may be due.

It is a fairly straightforward process and includes:

• Attorney consultation.
• Case investigation.
• Demand and negotiations.
• Lawsuit filing.
• Discovery process.
• Mediation talks.
• Courtroom trial
• Appeal (if necessary).

Seek Immediate Medical Attention

After suffering a personal injury the first step is to seek immediate medical care. Even if your injuries do not seem serious, still get professional medical attention.

Medical records are necessary to help you document the injuries you suffered due to someone’s negligence. They also document your medical expenses.

This documentation is critical to any legal action you may take. It helps prove you have been injured.

Keep up with your medical visits and follow your doctor’s advice on treatment. The more evidence you can provide of your injury and how severe it is, the better. In a lawsuit, the compensation you receive is based primarily on how significant your injury is. The more details you can provide about the cost involved in treating your injury — and your pain and suffering — the more likely you can receive appropriate compensation. ⁽¹⁾

Consult with an Attorney

The next step is to consult with an experienced personal injury attorney who can evaluate your case and advise you of your legal options. Your attorney goes over what happened to you to cause your injuries and helps you determine what compensation you should seek.

Experience counts when dealing with a personal injury lawsuit. You want to choose an attorney who has handled hundreds of personal injury cases.

You also need a law firm with the financial resources to fight for your rights against the person or company that harmed you. A firm that can take a stand and win against large corporations, if necessary.

This should be done as soon as you are able, since there is a time limit for filing personal injury lawsuits.

New York Statute of Limitations

New York, like many states, has a statute of limitations on the majority of personal injury cases. For most cases, you have only 3 years from the day of injury to file your lawsuit. ⁽²⁾

According to the New York Courts, “Statute of limitations laws are based on fairness. Over time, memories fade, evidence is lost, and witnesses disappear.” ⁽³⁾ This is why it is so important to begin litigation as soon after you have suffered an injury as possible.

Once you have consulted with an attorney, the investigation of your case begins.

Investigation

During the investigation stage, your attorney gathers and reviews the facts about your case. The more information you can provide, the better for your case.

Your attorney needs all documentation you have regarding your claim. This includes medical records, bills related to your injury, and any existing pictures or video of the scene where your injury occurred. These items are useful in providing context or as evidence to support your claim.

The attorney also reviews any accident or police reports related to the events causing your injury. In addition, a good attorney interviews anyone who might have seen what happened. Favorable witness testimony strengthens your claim.

At this stage, be prepared to provide as much information as possible to your attorney. If you have names and contact information for potential witnesses, this would be a good time to share them with your attorney.

Filing a Lawsuit

A complaint is a written document which your attorney prepares and files with the court. It then must be served upon the defendant (the one being sued) and initiates your actual lawsuit.

The complaint lists all parties in the lawsuit. It gives the reasons for the lawsuit and the type of relief being sought.

A summons normally accompanies the complaint. A summons is a written notice to the defendant and the court, prepared by the plaintiff’s attorney. The plaintiff is you — the person who is doing the suing.

The summons notifies the defendant of the date of the first court appearance.

Serving the Complaint and Summons

The term “cause of action” is the set of facts you use to justify your right to sue. In New York, “The jurisdictional limit for each cause of action in the Civil Court is $50,000.00.” ⁽⁴⁾ If the amount you are suing for is greater than this amount, your case belongs in New York Supreme Court.

The summons and complaint are issued by the court and must be served on each defendant in your lawsuit. ⁽⁵⁾ The term “served” refers to the actual delivery of these documents to the defendant, in person.

After the summons and complaint have been served, the defendant has some time to file an answer with the court. An “answer” is simply the defendant’s response to the claim made against them. ⁽⁶⁾

Demand Package and Negotiations

During the stages before filing of your personal injury lawsuit, your attorney drafts a demand package. It allows your attorney to begin negotiations for a settlement with the person or company you are suing.

The demand package consists of the medical bills, lost wages, financial records, and other documents clearly illustrating the extent of your injury. This allows both sides in the case to begin to negotiate for a settlement prior to going to court.

Trials are time consuming, stressful, and expensive. That is why most personal injury lawsuits settle out of court. While results from a trial risk an unfavorable result from a judge or jury, a settlement is likely to be more favorable for you, the plaintiff.

Discovery and Disclosure Phase

After your lawsuit has been filed, there is a discovery and disclosure phase. During this phase, the defendant’s attorney gains access to documents, property, and other items related to the case for review and testing.

Depositions are taken. A deposition is where questions may be asked by both the defendant’s attorney and the plaintiff’s attorney.

Depositions are any witnesses’ sworn testimony. This testimony is used to gather information and possibly will be submitted as evidence during a trial.

There may also be an examination under oath. This is a formal proceeding where a person who is insured is questioned by an attorney for the insurance company.

This is also the time when physical examinations may be required. Sometimes, a defendant requires you to undergo a physical or mental examination. The exam report is then submitted to the court as evidence.

Additionally, motions may be filed by either side in the lawsuit. A motion is a request to the court for a desired ruling. For example, a decision on procedural matters, or a move to dismiss the case based on a key piece of evidence or testimony.

Mediation

Mediation can help resolve conflicts in lawsuits. Mediation is when a third person, not the defendant or the plaintiff, works with the attorneys on both sides to try and settle the case and not go to trial.

This trained, impartial person can sometimes help the two sides in a lawsuit reach an agreement. Both sides in a lawsuit must agree to mediation.

The Civil Court of The City of New York allows mediation in some cases. ⁽⁷⁾ If the mediation does not come to a successful conclusion, cases often proceed to trial.

Trial

If the personal injury lawsuit settlement process fails to reach a successful conclusion in your case, the next step is to go to trial.

Most cases never get to trial. If your case does reach this stage, you are in good hands with our attorneys.

At trial, we are with you to make sure you understand everything happening. We help you prepare for testimony and explain every part of the process, step-by-step.

During a trial, a judge and jury hears testimony and reviews evidence by both parties. The judge or jury weighs the evidence presented and renders a judgement.

Although our attorneys have gone to trial thousands of times, most cases settle before reaching this point. However, our attorneys are highly skilled at presenting your trial case in its best possible light.

W&L trial attorneys have the ability to make the judge and jury understand what caused your injury, and why the defendant is responsible for the bad things which happened to you.

Appeal

An appeal is when the judge or jury’s decision is challenged. The case then is presented for review by a higher court.

Appeals may be either discretionary or of right. An appeal of right is a case which the higher court must hear if the losing side demands it.

Discretionary appeals are cases which the higher court may review, but does not have to. ⁽⁸⁾

Settling Your Personal Injury Claim

Why do most personal injury cases settle? It’s simple — settlements are often more favorable for you than going to court. They also spare you time, money, and stress.

However, once you settle your personal injury claim, you give up your right to pursue any other claims against the defendant regarding your case. ⁽⁹⁾

Weitz & Luxenberg Can Help

Experienced personal injury attorneys, like the Weitz & Luxenberg team, play a vital role in negotiating settlements and representing client interests at trial.

We have successfully negotiated billions of dollars in settlements for a wide range of personal injury cases. W&L attorneys have taken on large, powerful companies to fight for the rights of those who are unable to fight for themselves.

The attorneys who work for W&L have years of experience in negotiating settlements with large corporations. After handling thousands of negotiations, they know what amount of money equals a fair and reasonable settlement for your injury.

We are not afraid of powerful companies who may try to avoid doing the right thing when someone gets hurt. Our attorneys push hard to get you the compensation you deserve.

Our team knows New York law and the personal injury lawsuit process. We realize the harm you have suffered. Our attorneys try to get the best outcome for you and your family. We are honored to represent you.

Boating Accident Data

In 2024, “the Coast Guard verified 3,887 incidents that involved 556 deaths, 2,170 injuries and approximately $88 million of damage to property as a result of recreational boating incidents.” ⁽²⁾

The U.S. Coast Guard also reported, “76% of fatal boating accident victims drowned” and 87% of those were not wearing life jackets. ⁽³⁾

The Coast Guard tracks statistics on recreational boating and publishes the results every year, including data for each state. The 2024 findings for New York include that property damage totaled almost $3 million. ⁽⁴⁾

In its 2024 recreational boating report, New York State Parks, Recreation and Historic Preservation reported this data: ⁽⁵⁾

• 136 total accidents.
• 9 fatalities.
• 414 injuries over the past 5 years.
• 104 deaths over the past 5 years.

Damage and Injuries

Significant property damage is just the tip of the iceberg. Damage to property can be repaired, but your body may not always recover if it is damaged.

Serious injuries suffered in a boating accident can result in permanent consequences or death. These injuries can lead to financial hardships with ongoing medical costs and possible lifelong disabilities.

If you or a loved one has been seriously injured in a boating accident, you may want to consider litigation to gain compensation to offset these expenses and any resulting pain and suffering.

Boating Accidents Happen Many Different Ways

You may have been in a boat when another boat crashed into you. Or you may have been standing on a dock, or sitting in a yacht club or marina restaurant.

Maybe you were out on the water — waterskiing or swimming — when the next thing you know, you’ve been hit by a boat. It was moving where it didn’t belong and the captain didn’t see you.

You even may have gotten seriously injured while you were using a boat – because a defect caused it to crash or explode. If the manufacturer made a defective vessel, you may suffer because of it.

Causes of Boating Accidents

According to New York State Parks, Recreation and Historic Preservation, 10 easy-to-prevent events cause the most boating accidents.” ⁽⁶⁾

Their list includes: ⁽⁷⁾

1. Operator inattention.
2. Excessive speed.
3. Operator inexperience.
4. Weather.
5. Machinery failure.
6. Ignition of spilled fuel or vapor.
7. Passenger or skier behavior.
8. No proper lookout.
9. Hazardous waters.
10. Alcohol use.

Some of these causes may be directly due to operator inexperience or inattention, and negligence. And there may be more than one cause contributing to the same accident.

Accident Example

For example, a boat running aground might do so because the operator failed to keep watch, was speeding, drunk, or both.

Or you might find yourself stranded on the water due to a lack of gas. This could happen because a marina failed to check the boat’s gas tank before letting the operator take it out on the water.

Then a storm comes up. The storm might bring rough waves which rock and pitch the boat until it sinks.

The boat sinks, sending everyone overboard, because no one checked the weather forecast for the area. Or, someone ignored warnings of inclement weather.

It is easy to see just how dangerous boating can be when ordinary safety measures slip. This is how serious, and even fatal, injuries can occur.

Injuries from Boating Accidents

A Recreational Boating Report by the New York State Department of Parks, Recreation, and Historic Preservation indicates the types of injuries most often sustained in recreational boating accidents.

These include: ⁽⁸⁾

• Death.
• Drownings.
• Back injuries.
• Head injuries.
• Neck injuries.
• Spinal injuries.
• Burns.
• Internal injuries.
• Hypothermia.
• Broken bones (fractures).
• Dislocations.
• Carbon monoxide poisoning.
• Abrasions and lacerations.

The more serious of these injuries can lead to expensive medical treatments, financial hardships, and stress, along with pain and suffering.

If you or a loved one were in a boating accident, you should explore your legal alternatives.

Legal Options

The first step is to determine who is responsible for the incident leading to your injuries. You need to know this in order to file a personal injury claim to recover damages.

In New York, there is a statute of limitations (time limit) on personal injury claims. Personal injury claims must be filed within three years from the date of the accident. ⁽⁹⁾

In certain types of cases, the time limit even may be shorter than three years. In New York, there is a 90 day Notice of Claim requirement. This must be filed if a municipal agency or municipality, or even a state agency, is involved.

It’s important to reach out to an attorney as soon as possible, to discuss and learn these rules and regulations. If you don’t, you may miss out on your legal window of opportunity.

Also, legal responsibility can be a complicated matter because accidents occurring on the water sometimes fall under state and local laws and at other times fall under maritime law.

Maritime Law

Maritime law (sometimes called Admiralty law) is the collective group of laws and procedures governing a wide range of activities on the water. This includes navigation, shipping, commerce, and recreation. ⁽¹⁰⁾

Congress regulates U.S. Admiralty law and “placed Admiralty under the jurisdiction of the federal district courts.” However, admiralty courts have limited authority and “state courts may have jurisdiction where the matter is primarily local.” ⁽¹¹⁾

What this means, in general, is if a recreational boating accident happens on a lake or river, it is likely covered by local and state laws. However, if it happens out at sea, it falls under maritime law.

Boating Jurisdiction Matters

Jurisdiction is important because maritime law and civil law are different.

Civil law settles disputes between individuals or between an entity such as a business and an individual within one country. People and businesses in the United States must follow federal and state laws of this country. ⁽¹²⁾

U.S. maritime law may apply to people and businesses in this country, but may also resolve international disputes, particularly when it comes to shipping, navigation, and commerce. ⁽¹³⁾

Legal Options Depend Upon Your Status

Additionally, your legal options depend upon your status on the boat or ship involved in the accident, such as whether you are a passenger, crew member, or operator.

Your status, or standing, determines whether or not you have a right to sue. You must be able to show you “have sustained or will sustain direct injury or harm and that this harm is redressable.” ⁽¹⁴⁾ 

Also, the legal concept of “duty of care” applies to boating accident cases just as it does to other personal injury cases. In a boating accident case, the operator owes the passenger a duty of care. 

Duty of care means the operators must act in a way any reasonably prudent person in their position would under similar circumstances. ⁽¹⁵⁾

“The duty to exercise reasonable care is rooted in the duty to provide a reasonably safe boat for the invited guest… . Under the law, the applicable standard of care requires the boat owner to provide a boat that is reasonably safe.” ⁽¹⁶⁾ This is so because passengers place themselves in the care of the boat and crew until they reach the destination port.

Suing for an Accident

Lawsuits may also be filed by crew members and employees against the ship’s owner if it is unsafe or unseaworthy. ⁽¹⁷⁾

Likewise, an owner/operator of a boat may be able to sue the manufacturer for flaws and defects in the make or design that led to an accident.

Nevertheless, to be successful your boat accident lawsuit requires experienced attorneys who not only understand state and local laws, but also the intricacies of maritime law.

W&L Can Help You

With nearly 40 years of experience, our personal injury team has helped clients win verdicts and negotiate settlements worth millions of dollars.

Here are two of our successes:

• W&L won more than $20 million for a victim paralyzed in a hit-and-run car accident.
• W&L secured a $1.4 million settlement for a victim who was struck by an ambulance in Manhattan.

Updated August 2025

UPDATE: In August 2022, Exactech sent out notification indicating non-crosslinked liners were also included in an expanded recall. The ultra-high molecular weight polyethylene acetabular liners were packaged in non-conforming vacuum bags. This includes ACUMATCH, MCS, and NOVATION liners and affects implants done since 2004.

Exactech Issues Recall

In the summer of 2021, the manufacturer issued a recall for some models of these liners. The reason Exactech gave was “Risk of edge-loading and premature prosthesis wear is possible in a specific subset of patients with certain implant configurations and surgical implant positioning.” ⁽¹⁾

Symptoms of medical complications resulting from Exactech Connexion GXL liner wear may include:

• Pain.
• Stiffness.
• Limited mobility.
• Loosening.
• Osteolysis — disappearance or degeneration of bone tissue.
• Revision surgery due to device failure.

In June 2022, Weitz & Luxenberg attorneys filed a petition to create a multidistrict litigation (MDL) for these Exactech defective polyethylene inserts. It was approved on October 7, 2022 by the Judicial Panel on Multidistrict Litigation. The MDL covers liners for the hip, knee, and ankle. It is called In re: Exactech Polyethylene Orthopedic Products Liability Litigation in the Eastern District of New York in Brooklyn and is MDL No. 3044. Two W&L attorneys were appointed to leadership positions in the MDL. Ellen Relkin, partner and chair of our Drug and Medical Device Litigation team, is serving as co-lead counsel. Partner Danielle Gold is a member of the Science and Experts subcommittee.

What Is the Exactech Connexion GXL Acetabular Liner?

All hip replacements contain several different parts, often including an acetabular liner. When a person’s hip is replaced, typically a metal cup is inserted into the hip socket (acetabulum), often anchored with screws.

An acetabular liner, typically made of some form of plastic or ceramic, is often inserted into this acetabular cup. A femoral head component — a spherical piece of metal intended to replicate the top or “ball” of a person’s femur bone — sits against the acetabular liner.

The Exactech Connexion GXL acetabular liner is intended for use with other Exactech hip components implanted during total hip replacement.

Studies Raise Concerns About Exactech Connexion GXL Hip Implant Liners

At least two recently published studies have reported earlier than expected failure of the Exactech Connexion GXL acetabular liners due to wear.

Early Failure of Implant

Orthopedic surgeons at the Department of Orthopedics and Rehabilitation at the University of Florida College of Medicine authored one recently published study discussing early failure of the Exactech Connexion GXL liners. The surgeons reviewed their institutional database and identified problems and failures due to wear. ⁽²⁾

These physicians reviewed patient data from January 2009 to June 2019 for all patients who had revision surgery after being implanted with the Exactech Connexion GXL acetabular liners at their institution. These orthopedic surgeons found that all of the patients who had to have a revision surgery, or revision surgery had been recommended, after being implanted with an Exactech Connexion GXL acetabular liner demonstrated radiographic osteolysis around the liners. This means X-rays of their hips showed bone loss and destruction to the hip socket (acetabulum). ⁽³⁾

The researchers expressed concern that the Exactech Connexion GXL liner could be prone to early failure. Patients included in this study were diagnosed with hip implant failure after having their original hip implant surgery, on average, less than five years earlier, “a timeframe that is uncommon in technically well-done” total hip replacement.

FDA Adverse Events

The authors also performed a U.S. Food and Drug Administration (FDA) Manufacturer and User Facility Device Experience (MAUDE) database review of the Exactech Connexion GXL liners, to determine if adverse event reports had been submitted to the FDA in connection with these hip components. This MAUDE database review yielded 83 patients who had undergone revision after being implanted with an Exactech Connexion GXL liner.

There were 22 of these patients specifically noted as having revision due to “poly wear” or “osteolysis.” When reported for these adverse events, the average time between the Exactech Connexion GXL liner’s initial implantation to revision surgery was approximately 6.5 years.

These surgeons recommended that doctors keep a close eye on patients who have been implanted with these hip implant liners. ⁽⁴⁾

Wear and Osteolysis

Another group of orthopedic surgeons, this time from the Hospital for Special Surgery in New York, authored a study published a few months later in the journal Arthroplasty Today. The study discussed “catastrophic early polyethylene wear demonstrat[ing] a concerning trend with the use of the Exactech Connexion GXL liner.” These physicians noted that the Exactech Connexion GXL liner seemed linked to “severe polyethylene wear and osteolysis” again occurring, on average, within just 5 years of the patients’ index surgery. ⁽⁵⁾

The patients included in the study showed signs of “catastrophic early polyethylene wear” seen on radiographs and “grossly visible and palpable wear” on the Exactech Connexion GXL acetabular liners. These liners were retrieved during revision surgery with acetabular cups and femoral stem components that were “clinically and radiographically well-fixed.” The authors of this study said this “unusual early excessive polyethylene wear” warranted “further investigation…to evaluate material characteristics which may have caused this accelerated wear.” ⁽⁶⁾

The authors of both studies contemplated potential design flaws of the Exactech Connexion GXL acetabular liners that may be causing these problems with early wear.

W&L Can Help People Injured by Exactech Connexion GXL Hip Implant Liners

Weitz & Luxenberg would like to hear from anyone who has experienced serious complications after undergoing a hip replacement procedure in which they were implanted with an Exactech Connexion GXL hip implant liner.

Specifically, we urge anyone who has been advised to undergo a revision surgery or has already undergone a revision surgery because of complications linked to the Exactech Connexion GXL hip implant liners to contact us for more information.

Patients and their families may be entitled to compensation, not only for any related medical expenses but also for lost wages and other costs. One of our experienced attorneys can help you consider your legal options.

Weitz & Luxenberg invites you to contact us for a free consultation. Please call (917) LAWYERS or use the online form on this web page to reach out to us. We can help.