New York Bike Accident Lawyer

Bicycle accidents are increasingly common in New York, especially in New York City, where heavy traffic and a growing number of cyclists intersect on busy streets. Tragically, 30 cyclists lost their lives in New York City last year, including 23 on e-bikes and seven on traditional bicycles (Collins, New York Times, March 7, 2024). Cyclists are especially vulnerable on the road, as they lack the physical protection motor vehicle drivers have. When accidents occur, the consequences can be severe and life-changing, often resulting in costly medical bills, lost wages, and other financial burdens. Navigating New York’s streets on a bike requires not only skill but also an awareness of legal protections. If you’ve been injured in a bicycle accident, understanding your rights and seeking legal guidance is critical. Knowing the common causes of bicycle accidents, the steps to take afterward, and the legal process to pursue compensation can help protect your interests. A knowledgeable New York bicycle accident lawyer can guide you through these challenges and help you secure the financial recovery you deserve.

Bicycle accidents happen for various reasons, but many involve driver negligence or dangerous road conditions. Common causes include:

• Driver Inattention: Drivers who are distracted by phones, food, or other activities may fail to notice cyclists. For example, in Fernandez v. Ortiz, 183 A.D.3d 443 (N.Y. App. Div. 2020), a truck driver struck a bicyclist traveling in the lane ahead. Video footage showed the bicyclist riding on the right side of the lane when the truck collided with him. The driver claimed the bicyclist suddenly entered the roadway from the sidewalk and lacked reflective equipment, leaving no time to avoid the collision. However, the court found the driver failed to exercise due care to avoid hitting the bicyclist, as required by New York law, and relied on video evidence to reject the driver’s speculative defenses. Summary judgment favored the bicyclist.
• Failure to Yield: Drivers failing to yield to cyclists at intersections is a common cause of collisions, particularly during left or right turns. In Perez v. Giannascolo, 2022 N.Y. Slip Op. 33925 (N.Y. Sup. Ct. 2022), this issue was central to the court’s decision. The case involved a collision where Anne M. Giannascolo struck Geovanny Perez’s bicycle while making a left turn at a Manhattan intersection. Perez argued that Giannascolo violated New York Vehicle and Traffic Law § 1141, which requires drivers turning left to yield to oncoming traffic. The court agreed, determining that Giannascolo failed to observe Perez and did not yield, making her negligence the proximate cause of the accident. Summary judgment on liability was granted to Perez.
• Dooring Accidents: A driver or passenger opens a car door into the path of a cyclist, leading to severe injuries. Tucubal v. Nat'l Express Transit Corp., 209 A.D.3d 788 (N.Y. App. Div. 2022) is an example of a common fact pattern for bicycle dooring accidents. In this case, the plaintiff collided with the driver’s door of a van parked on Second Avenue in Brooklyn. The defendant, after stopping the van, opened the door, leading to the plaintiff striking it. The plaintiff alleged the door opened abruptly, leaving no time to avoid the impact. The defendant argued he had checked for approaching traffic before opening the door and claimed the plaintiff was traveling at an unsafe speed close to parked vehicles. The court determined that factual disputes about negligence and proximate cause required resolution by a jury, denying summary judgment.
• Speeding: Vehicles traveling too fast may not have enough time to stop when a cyclist is present. In Ballentine v. Perrone, 179 A.D.3d 993 (N.Y. App. Div. 2020), the plaintiff, a bicyclist, was injured in a collision at a Brooklyn intersection. The plaintiff claimed she stopped at a corner obstructed by construction to peer around a wall before slowly inching forward when the defendant, John P. Perrone, struck her with his vehicle. Perrone argued he had the right-of-way and did not see the plaintiff prior to the impact, despite traveling at approximately 25 miles per hour through a busy intersection with construction and street fair activity. The appellate court found triable issues regarding whether Perrone failed to maintain a proper lookout or adjust his speed.
• Poorly Maintained Roads: Potholes, debris, or unclear bike lanes can cause cyclists to lose control. Note that if a poorly maintained road caused the accident, the municipality responsible for maintaining it can only be held liable if it had notice of the defect. For example, in Pfirman v. Vill. of New Paltz, 2024 N.Y. Slip Op. 3215 (N.Y. App. Div. 2024), the court dismissed the plaintiff’s. The plaintiff alleged injuries from a bicycle accident caused by a pothole, but the Village demonstrated it had not received written notice of the condition, as mandated by local law and the Vehicle and Traffic Law. Without written notice or evidence of an exception, such as the municipality affirmatively creating the defect, the claim was barred.

If a driver’s negligence or unsafe road conditions caused your accident, consulting an experienced New York bicycle accident lawyer can help you understand your options for seeking compensation.

Taking the right steps after a bicycle accident can help protect your rights and strengthen your case:

1. Seek Medical Attention: Even if injuries seem minor, get checked by a doctor to ensure all injuries are documented.
2. Call the Police: File a report to document the details of the accident.
3. Document the Scene: Take photos of your injuries, your bicycle, and the accident scene, including any damage to vehicles or road conditions.
4. Gather Information: Collect the contact details of the driver and any witnesses.
5. Avoid Discussing Fault: Do not admit fault or make statements that could be used against you later.

To pursue a personal injury lawsuit after a bicycle accident, the process typically begins with filing a claim and negotiating with the at-fault party's insurance company. During the negotiation phase, attorneys for both sides exchange evidence and discuss possible settlements. Insurance companies often aim to minimize payouts, making legal representation critical to achieving fair compensation. If negotiations fail, the case may proceed to litigation. In New York, personal injury lawsuits are generally filed in either the New York State Supreme Court or, for smaller claims, the Civil Court of New York City. Litigation involves discovery, depositions, and potentially a trial to determine liability and damages. An experienced bicycle accident attorney serving New York can navigate these steps, represent you in court, and advocate for your best interests throughout the process.

Liability for bicycle accidents depends on the specific circumstances of the collision. Parties who may be held responsible include:

• Drivers: If a driver acted negligently, such as by speeding or failing to yield, they may be held liable.
• Municipalities: Cities or counties may be responsible if poor road maintenance contributed to the accident.
• Cyclists: In some cases, another cyclist who acted recklessly may share liability.
• Manufacturers: If a defective bicycle part caused the accident, the manufacturer might be held accountable.

Proving liability often requires collecting evidence such as police reports, witness statements, and surveillance footage. Consulting an experienced bicycle accident attorney in New York can help you build a strong case to establish liability.

Victims of bicycle accidents may be entitled to compensation for a range of economic and non-economic damages. These include medical expenses such as hospital bills, surgeries, rehabilitation, and ongoing medical care, which are often necessary for serious injuries like fractures, spinal cord damage, traumatic brain injuries, and internal injuries. Lost wages may also be recoverable, covering income lost due to time missed from work during recovery. Additionally, victims can seek damages for pain and suffering, addressing the physical pain and emotional distress caused by the accident. In the tragic event of a fatal bicycle accident, family members may pursue wrongful death claims for funeral costs, loss of companionship, loss of support, and other losses.

Note that no two bicycles accidents are the same. Calculating the value of a claim depends on a number of factors, including the severity of injuries, the accident's impact on the victim’s life, and the extent of the defendant’s negligence.

If you or a loved one has been injured in a bicycle accident, consulting an experienced bicycle accident attorney serving New York is an essential step toward protecting your rights. A skilled lawyer can investigate the accident by gathering evidence, interviewing witnesses, and working with experts to reconstruct the collision. They can handle communications with insurance companies, negotiating for a fair settlement on your behalf. At Stephen Bilkis & Associates, we understand the complexities of bicycle accident cases and are dedicated to helping victims pursue the compensation they deserve. Contact us to schedule a free, no obligation consultation regarding your case. We represent clients in the following locations: Manhattan, Nassau County, Queens, Bronx, Brooklyn, Long Island, Staten Island, Suffolk County, and Westchester County.