Andrew Chance was injured when his bike collided with a vehicle driven by Edward A. Chase.
Chance claimed that he was watching pedestrian traffic signals and didn't see Chase's vehicle until the crash occurred.
When a Kings County Civil Court jury found Chase wasn't responsible for the accident, Chance asked for, and was granted, a new trial.
On an appeal of that decision, the Appellate Term, Second Division, thought the evidence supported the jury's verdict in Chase's favor because Chance shouldn't have been riding on the sidewalk, his bike lacked appropriate equipment (such as a bell or horn), and, he was supposedly travelling at an "unsafe speed."
In other words, Chance won't be getting that second chance.
To view a copy of the Appellate Term's decision, please use this link: Chance v. Chase