New York Bike Accident Lawyer

Bicycling is a major part of everyday life in New York, offering a fast, healthy, and environmentally friendly way to travel. Whether commuting through Manhattan, riding in Brooklyn, or enjoying a trail upstate, cyclists share the roads with cars, trucks, and buses. Unfortunately, this means they also face a risk of accidents and injuries. When a cyclist is hurt because of a careless driver, an unsafe road, or a defective bicycle, New York law allows them to seek financial compensation. Recovering full compensation requires understanding New York’s traffic laws, insurance rules, and personal injury procedures. If you have been injured in a bicycle accident, contacting an experienced New York bike accident lawyer as soon as possible is one of the most important steps you can take. A lawyer can explain your rights, help preserve evidence, and work to secure the financial recovery you deserve.

Bicyclists face serious risks when navigating New York’s busy streets, parks, and trails. Even careful cyclists who follow traffic laws can be injured because of a driver’s negligence, unsafe road conditions, or other hazards. In many cases, these accidents could have been avoided with proper care and attention. Common causes of bicycle accidents include:

• Driver Negligence: Drivers who are distracted, speeding, failing to yield, running red lights, or not looking for cyclists often cause accidents. A driver turning left without checking for an approaching bike is a common example.
• Dooring Accidents: When a driver or passenger opens a car door without checking for an oncoming cyclist, it can cause the cyclist to crash into the door or swerve into traffic. In Castillo v. Singh, 2022 NY Slip Op 51075(U) (Sup. Ct., Queens County 2022), the plaintiff, a bicyclist, was injured when the defendant opened the driver’s side door of a parked vehicle into the plaintiff’s path, causing a collision. The plaintiff alleged that the defendant violated New York Vehicle and Traffic Law § 1214, which prohibits opening a car door unless it is reasonably safe to do so. The court focused on whether the defendant’s act of "dooring" the cyclist constituted negligence and found that there were questions of fact requiring a trial, denying the defendant's motion for summary judgment.
• Unsafe Road Conditions: Potholes, uneven pavement, debris, poor lighting, and poorly designed intersections all increase risks for cyclists.
• Defective Bicycle Components: If a bicycle part such as brakes, tires, or a frame fails due to a defect, it can lead to a crash.
• Poor Weather and Visibility: Rain, fog, snow, or nighttime conditions can reduce visibility and make it harder for drivers to see cyclists.
• Cyclist Mistakes: Cyclists must also follow the law. Riding against traffic, failing to use hand signals, or running red lights can contribute to accidents. However, even if a cyclist shares some blame, they can often still recover damages under New York’s comparative negligence law.

New York City’s Vision Zero efforts and the expansion of bike lanes have improved safety, but accidents still happen every day across all five boroughs and throughout the state.

New York law treats bicycles as vehicles, meaning cyclists have the same rights and responsibilities as drivers. Several laws are especially important for protecting cyclists:

• New York Vehicle and Traffic Law (VAT) § 1146: Drivers must use due care to avoid colliding with cyclists, pedestrians, and domestic animals. If a driver causes an injury while failing to use due care, there is a rebuttable presumption they were negligent.
• VAT § 1231: Cyclists must obey the same traffic laws that apply to drivers. They must stop at red lights, yield when required, and follow other traffic rules.
• VAT § 1234: Cyclists must ride in a designated bike lane when one is available, or as close to the right-hand side of the road as is safe when there is no bike lane. Exceptions apply when a cyclist is avoiding hazards or preparing for a turn.
• Helmet Laws: Cyclists under 14 must wear helmets statewide under New York Vehicle and Traffic Law § 1238. Some municipalities require all cyclists to wear helmets by local ordinance. In New York City, commercial cyclists are required to wear helmets under New York City Administrative Code § 10-157(e).
• Dooring Law: New York Vehicle and Traffic Law § 1214 is specifically designed to protect cyclists and other road users from sudden hazards caused by opening vehicle doors. Under this law, it is illegal for any person to open the door of a motor vehicle on the traffic side unless it is reasonably safe to do so and it does not interfere with the movement of other traffic, including bicycles. The dooring law recognizes the serious risk that an unexpectedly opened car door poses to cyclists and creates a clear duty for drivers and passengers to check for oncoming traffic before opening a door. Violations of this law can form the basis for liability in bicycle accident claims.

Violations of these laws by a driver, municipality, or cyclist can strongly influence fault in a personal injury case.

Taking the right steps after a bike crash can protect your health and your legal rights:

1. Seek Medical Care Immediately: Always get evaluated by a doctor, even if you feel okay. Some serious injuries are not obvious right away.
2. Call the Police: Report the accident. Ask the officer to create an accident report. This report can serve as important evidence later.
3. Exchange Information: Get the driver’s name, address, phone number, license plate, and insurance information. Also collect information from witnesses.
4. Take Photos and Videos: Photograph your bicycle, the car, the scene, road conditions, injuries, and anything else that could help show what happened.
5. Do Not Admit Fault: Keep your statements brief and factual. Do not apologize or admit any blame at the scene.
6. Preserve Evidence: Keep your damaged bicycle and any torn or damaged gear. Save medical records, receipts, and all accident-related documents.
7. Consult an Experienced New York Bike Accident Lawyer: An attorney can handle communications with insurance companies, gather evidence, and protect your right to full compensation.

Taking action quickly is important because evidence can be lost, and deadlines for legal action are strict.

If you are injured in a bicycle accident caused by someone else’s negligence, you may be entitled to recover a wide range of compensation.

• Medical Bills, Lost Wages, and Property Damage: You can seek payment for medical expenses, including past, present, and future costs such as hospital stays, surgeries, rehabilitation, medications, and therapy. You may also recover lost wages for the income you missed while healing, as well as compensation for lost earning capacity if your injuries prevent you from working the same way again. In addition, you may be reimbursed for property damage, including damage to your bicycle, helmet, and other personal gear. Out-of-pocket costs related to the accident, such as transportation to medical appointments or hiring help for daily tasks, can also be claimed.
• Pain and Suffering and Punitive Damages: Pain and suffering damages compensate you for physical pain, emotional distress, and the loss of enjoyment of life caused by your injuries. In rare cases, punitive damages may be awarded if the defendant’s actions were reckless or intentional. Punitive damages are meant to punish serious wrongdoing and deter others from engaging in similar behavior.
• Stepping Outside the No-Fault System: Under New York’s no-fault rules, if your bicycle accident involved a motor vehicle, you may initially need to seek basic medical coverage through no-fault insurance. However, if you suffered a “serious injury” as defined by New York law, you can file a lawsuit against the at-fault party for additional damages.
• Comparative Negligence: New York follows the rule of pure comparative negligence under CPLR § 1411. Even if you were partly at fault for the accident, you can still recover compensation. However, your recovery will be reduced based on your percentage of fault. Insurance companies often attempt to blame cyclists to reduce the amount they must pay. An experienced New York bike accident lawyer will work to document all your damages, minimize the percentage of fault assigned to you, and maximize your recovery.

Liability for a bike accident may extend beyond just a negligent driver. Possible responsible parties include:

• Drivers of Motor Vehicles: If a driver’s careless or reckless behavior caused your crash, they can be held liable. Common examples include drivers who fail to yield to cyclists, open car doors into bike lanes, or drive while distracted. Even if the driver was cited for a traffic violation, you still must prove their negligence caused your injuries.
• Municipalities or Government Entities: If the crash happened because of a road defect, missing signage, or dangerous conditions on public property, you may have a claim against a city, town, or the state. Claims against government entities require special procedures, including filing a Notice of Claim within a short timeframe. In addition, many municipalities have prior written notice laws that can make pursuing a case more complicated. A claim against a government entity may arise when a government employee acts negligently while performing their job duties. In Dooley v. United States, 2017 WL 3671030 (S.D.N.Y. 2017), the plaintiff, a bicyclist, was injured when a postal worker opened the door of a United States Postal Service (USPS) truck into his path, causing a dooring accident. The plaintiff sued the federal government under the Federal Tort Claims Act (FTCA), which permits lawsuits against the United States for the negligent acts of its employees acting within the scope of their employment. The court found that the postal worker failed to exercise reasonable care before opening the vehicle door and that this negligence caused the accident. As a result, the court ruled in favor of the plaintiff, holding the United States liable for his injuries under the FTCA.
• Bicycle Manufacturers or Retailers: If a defect in your bike caused the accident, the manufacturer or seller may be liable. This can include design defects, manufacturing flaws, or a failure to warn about known dangers. In a product liability claim, you do not always have to prove negligence—strict liability may apply under New York law.
• Bike-sharing companies: In addition to bicycle manufacturers and retailers, companies that operate bike-sharing programs may also be liable if their negligence contributes to an accident. For example, in Corwin v. NYC Bike Share, LLC, 238 F. Supp. 3d 475 (S.D.N.Y. 2017), the court allowed gross negligence claims against NYC Bike Share, LLC and Alta Bicycle Share, Inc. to proceed after a cyclist was injured while using a Citi Bike, finding that gross negligence cannot be waived by contract under New York law.
• Employers: If the driver who caused the accident was working at the time, their employer may also be held liable. This is based on the legal principle of vicarious liability, which holds employers responsible for the actions of their employees within the scope of employment. Delivery companies, contractors, and rideshare companies are common examples where employer liability may arise.
• Other Cyclists or Pedestrians: In some cases, another cyclist or a pedestrian who acted negligently can share or bear full responsibility. Negligent actions can include weaving unpredictably into traffic, ignoring traffic signals, or stepping into a bike lane without warning. Even if their contribution seems minor, New York’s comparative negligence law allows for fault to be apportioned among multiple parties.

A thorough investigation is necessary to identify every party who may be responsible.

New York has strict deadlines for filing bicycle accident claims. The time limit depends on the type of case:

• Personal Injury Claims: You must file within three years from the date of the accident (CPLR § 214).
• Wrongful Death Claims: You must file within two years from the date of death (EPTL § 5-4.1).
• Claims Against Government Entities: If your bicycle accident was caused by a dangerous road condition, poor maintenance, or unsafe construction on public property, a government entity may be legally responsible. Special rules apply to these claims. You must file a Notice of Claim within 90 days of the accident in accordance with General Municipal Law § 50-e. After filing the Notice of Claim, you must file the lawsuit within one year and 90 days of the accident. In addition, many municipalities have prior written notice laws that require proof that the government was notified of the dangerous condition before the accident occurred. Without this proof, the case may be dismissed.

These deadlines and procedural requirements are rigid. Missing them almost always results in losing the right to recover compensation. Because pursuing claims against municipalities can be complex, it is important to contact a New York bike accident lawyer as soon as possible to protect your rights.

Q. Do I have to wear a helmet in New York?

A. Cyclists under 14 must wear helmets statewide under New York Vehicle and Traffic Law § 1238. Adults are not required to wear helmets statewide, although some local laws and commercial cyclist regulations impose additional requirements. Helmets are strongly recommended for all riders.

Q. What if I was hit by a hit-and-run driver?

A. You may have options through uninsured motorist coverage or through the Motor Vehicle Accident Indemnification Corporation (MVAIC). You must report the accident to the police within 24 hours and file a Notice of Intention with MVAIC within 90 days. It is important to gather as much information as possible at the scene, including witness names and descriptions of the vehicle. Consulting an experienced bicycle accident attorney serving New York early can help ensure that all deadlines are met and your rights are protected.

Q. Can I sue for emotional distress?

A. Yes. Emotional distress, anxiety, depression, and related conditions can be included in a claim for pain and suffering if you meet the serious injury threshold under New York law. Documentation from a licensed mental health professional can strengthen your claim. Emotional injuries are often significant, and courts recognize them as a legitimate part of overall damages.

Q. Should I accept an insurance offer on my own?

A. No. Insurance companies often make low offers. Once you accept an offer, you usually waive your right to pursue further compensation. An experienced bike accident attorney in New York can properly assess the full value of your case, including future medical needs and non-economic damages.

Q. Can pedestrians be liable for bike accidents?

A. Yes. If a pedestrian’s negligence causes a bike crash, they may be held responsible. Pedestrian negligence may include actions like stepping into a bike lane without looking or crossing against the traffic signal. In some cases, both the cyclist and pedestrian may share fault under New York’s comparative negligence law.

If you or a loved one has been seriously injured in a bicycle accident, it is important to contact an experienced bicycle accident attorney serving New York as soon as possible. Bicycle accident cases often involve complex issues such as negotiating with insurance companies, filing lawsuits, and pursuing litigation if a fair settlement cannot be reached. At Stephen Bilkis & Associates, we understand the challenges injured cyclists face, and we have the knowledge, skill, and experience to help. Contact us at 800.696.9529 to schedule a free, no-obligation consultation. We represent clients in Manhattan, Queens, Bronx, Brooklyn, Staten Island, Long Island, Nassau County, Suffolk County, and Westchester County.