"Gov. Hochul's latest budget proposal would quietly strip away basic legal protections for people injured by cars - especially pedestrians and cyclists - and dump the costs of traffic violence onto victims, their families, and taxpayers. The people who cause the harm, and their insurance companies get a pass. For New Yorkers who bike and walk every day, these are not abstract policy tweaks."
"New York's no-fault insurance system is designed so that anyone involved in an auto crash gets immediate medical care and compensation for lost wages, no questions asked. But those benefits typically max out at $50,000 - an amount that disappears fast when you are dealing with long hospital stays, physical therapy, and months off work. To seek damages beyond the $50,000 in no-fault coverage, a crash victim must meet the legal definition of a "serious injury.""
"The governor's proposal will wipe out that category. That means a cyclist who suffers a severe concussion, a traumatic brain injury, herniated discs or spinal damage, Could be told: Sorry, not serious enough. Anyone who has ever struck by a car driver knows how absurd that is. These injuries might not be "permanent" on paper but are still serious and, indeed, take a lasting toll."
The budget proposal eliminates the 90-day inability-to-live-normally category from the legal definition of "serious injury," restricting victims' access to lawsuits. New York's no-fault insurance provides immediate care and lost-wage compensation but typically caps benefits at $50,000, which often proves inadequate for extended hospital stays, therapy, and months away from work. Without the 90-day category, pedestrians and cyclists with concussions, traumatic brain injuries, herniated discs, or spinal damage may be barred from seeking damages beyond no-fault limits. The change would shift medical and financial burdens onto victims, their families, and taxpayers while protecting at-fault drivers and insurers.
Read at Streetsblog
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