NEW WORD FOR THE DAY AND A NEW DANGER TO BE AWARE OF: THE "PEDICAB"

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

Of interest and in the news lately is the pedicab. Common in New York City's Borough of Manhattan and in congested cities worldwide, but particularly in parts of Southeast and Eastern Asia, the pedicab is a human-powered (no motor) means of carrying passengers.

Pedicabs are usually tricycles which are pedaled, with the passengers seated in the back, and are used on a for-hire basis. Undoubtedly a tough way to make a living, I've often marveled at the fitness of pedicab drivers. Imagine, getting paid to exercise! And tourists seem to love riding in pedicabs. In Manhattan we see pedicabs with reflectors and lights, and sometimes covers for bad weather.

Pedicabs travel with vehicular traffic and I've seen them weaving in and out of moving lanes of cars and such. So how well would a pedicab come through in an accident?

About a week ago, a pedicab was exiting the Williamsburg Bridge into Brooklyn when it hit one of New York's fabled yellow taxis. The pedicab flipped over from the impact, injuring the pedicab driver and two of his passengers were injured. Not wearing a helmet, the pedicab driver suffered serious head injuries and was taken to Bellevue Hospital. It's not known how badly the passengers were hurt.

Although a law exists that prohibits pedicabs from traveling on bridges and in tunnels, the city does not enforce the ban because of a lawsuit challenging the law's licensing provisions. The suit has been resolved, but the city must draft new rules and hold hearings before the law can be enforced. Also not enacted were regulations requiring seatbelts and an emergency brake, and limiting the pedicab to three passengers. Also of note, pedicabs rarely carry insurance, so if you're a passenger in one and injured, you may be stuck paying medical bills.

In light of this, the New York Times reports that New York City will move forward with its long-stalled regulation of pedicabs, four days after the accident in Brooklyn. The accident, apparently, focused attention on the lack of oversight of the tourist-friendly tricycles. Owners of the pedal-powered cabs would have a 60-day window to register with the city, under a proposal announced by the mayor and the City Council speaker. Those who provide proof of ownership and insurance would receive a license, providing that their vehicles pass a safety examination.