Bicycle Accident Lawyer in New York
Protecting Cyclists in NYC and White Plains
When drivers fail to share the road safely, cyclists are often left with injuries that disrupt their health, work, and daily life. Even a low-speed collision can mean months of recovery and financial hardship.
At the Law Offices of Michael H. Joseph, our New York bicycle accident lawyers fight for injured cyclists and their families. We know how insurance companies try to blame riders, and we don’t let them get away with it. From busy Manhattan avenues to suburban intersections in Westchester County, we hold negligent drivers accountable, and help injured cyclists rebuild their lives.
Are You an Injured Cyclist Who Was Hit By a Car in New York?
Substantial compensation may be available.
Cyclists struck by cars in New York can recover no-fault benefits for medical bills and lost wages. Sometimes, injured bike riders can also pursue a personal injury lawsuit for pain and suffering.
If you were hit by a car while riding your bicycle in NYC, here’s what you need to know.
No-Fault Coverage for Cyclists
When a motor vehicle collides with a bicycle, the vehicle’s no-fault insurance covers the cyclist’s initial medical expenses and lost wages. To recover compensation, a notice of claim must usually be filed within 30 days of the crash.
Drivers’ Duties Toward Cyclists
New York law requires drivers to give cyclists room on the road, obey traffic laws, and use due care to avoid collisions. Drivers must yield when turning, check before opening doors, and avoid distractions. Violations of these duties are strong grounds for liability in a bicycle accident claim.
Third-Party Lawsuits for Bicycle Accidents
If another party, like a bicycle manufacturer, a property owner, or a municipality contributed to your bike crash, you might qualify for damages through a personal injury lawsuit. Identifying all liable parties maximizes your compensation.
What New York Law Means for Motorcycle Accident Recovery
In New York, injured cyclists may recover far more than no-fault insurance provides. Serious injury claims allow riders to pursue lawsuits that hold negligent drivers and even municipalities accountable.
Your Right to Full Personal Injury Damages
Cyclists with serious injuries can recover full damages, including long-term care, rehabilitation, loss of quality of life, pain and suffering, and future medical costs.
Medical Bills and Lost Wages
No-fault insurance covers initial treatment, but serious injury claims provide compensation for ongoing medical needs, lost wages, and reduced earning capacity.
Liability of Drivers and Municipalities
Negligent drivers are most often responsible for bike accidents, but unsafe road design, missing bike lane markings, or defective traffic signals can create municipal liability.
- Call (212) 858-0503 to speak with a New York bicycle accident lawyer today.
Understanding Bicycle Accidents in New York
Bicycling has surged in New York City, with over 550,000 bike trips made each day. Unfortunately, accident risks remain high. In 2022 alone, there were 4,676 cyclist injuries involving motor vehicles and 15 fatalities. Those NYC bicycle accident statistics tally up to real harm for New Yorkers on two wheels.
Some boroughs see more cyclist crashes, injuries, and deaths. Below are recent figures from a 2023 report on borough bicycle crashes for comparison:
- Brooklyn: 1,882 bicyclist injuries, 9 bicyclist fatalities – the highest in NYC
- Manhattan: 1,479 bicyclist injuries, 3 bicyclist fatalities
- Queens: 891 bicyclist injuries, 5 bicyclist fatalities
- Bronx: 493 bicyclist injuries, 3 bicyclist fatalities
- Staten Island: 84 bicyclist injuries, 2 bicyclist fatalities – the fewest of the five boroughs
The explosion of app-based food delivery has also changed the landscape. More than 65,000 delivery workers now ride through NYC streets, and about 80% of them use e-bikes or motorbikes. E-bikes, in particular, present unique risks. Between 2017 and 2022, New York City accounted for nearly half of all reported e-bike fatalities nationwide, even though it makes up just 2.5% of the U.S. population.
Which NYC borough has the most bicycle accidents?
Brooklyn consistently leads the city in bicycle crashes. In 2023, it recorded 1,882 cyclist injuries and 9 fatalities. That’s significantly more than any other borough.
Common Causes of Bicycle Accidents
- Drivers making unsafe left or right turns
- Vehicles drifting into bike lanes
- Car doors opening into cyclists (“dooring” accidents)
- Speeding or reckless driving near cyclists
- Distracted driving and cell phone use
- Unsafe road or intersection design
Common Bicycle Accident Injuries
- Head and brain injuries, including concussions and skull fractures
- Spinal cord injuries and paralysis
- Broken bones and fractures
- Road rash, severe cuts, and lacerations
- Internal organ damage
- Permanent disability or death
Behind every statistic is a cyclist whose life was turned upside down by another’s carelessness.
- Call (914) 354-3809 to speak with a New York attorney today.
Who Is Liable for a Bicycle Accident in New York?
Bicycle accident liability often extends beyond just the driver of the vehicle. Injured cyclists may have claims against one or more of the following parties.
Negligent Drivers
Motorists who speed, text, fail to yield, or drive impaired can be held liable for collisions with cyclists.
Vehicle Owners and Employers
When a delivery truck, rideshare vehicle, or company car causes harm, the vehicle owner or employer may share responsibility.
Municipalities
If missing signage, dangerous intersections, or poorly maintained bike lanes contributed to the crash, municipalities may face liability. Strict notice deadlines apply in these cases.
Third Parties
Other liable parties may include construction contractors, roadway maintenance crews, or manufacturers of defective bicycle components.
Compensation Available in a New York Bicycle Accident Case
Serious Injury Threshold
In New York, cyclists can sue for personal injuries if they meet the serious injury threshold. This includes suffering fractures, significant disfigurement, an objective injury that causes a limitation, or if they are unable to work or attend school for at least 90 days.
Serious injury is not always obvious. Just because the hospital says you don’t have broken bones, that does not mean that you aren’t seriously injured. Ligament, tendon, disc, and nerve injuries are often missed in emergency rooms. That’s why it’s critical to follow up with the right medical specialists and get a proper diagnosis. Once you meet the serious injury threshold under New York law, you can recover full personal injury damages, including compensation for pain and suffering.
As an injured bicyclist in NYC, you may be entitled to:
Medical Expenses — All of Them
You can recover compensation for emergency treatment, surgeries, rehabilitation, therapy, and long-term care.
Lost Wages and Reduced Earning Capacity
Cyclists often face extended recovery periods. Victims may recover damages for both immediate lost wages and future diminished earning potential.
Pain and Suffering
For victims who meet the serious injury threshold, New York law allows recovery for physical pain, emotional trauma, and loss of enjoyment of life caused by serious bicycle accident injuries.
Wrongful Death Damages
If a bicycle accident results in death, surviving family members can pursue wrongful death damages, including funeral expenses and lost financial support.
Bicycle Accidents Involving Food Delivery Workers
With the explosion of food delivery services like Uber Eats, DoorDash, Grubhub, Seamless, and others, more than 65,000 delivery workers now ride through New York City every day. Most rely on bicycles or e-bikes, especially in Manhattan, where traffic is dense and demand is highest. Unfortunately, their constant exposure to cars, trucks, and distracted drivers makes them especially vulnerable to accidents.
Who Pays the Medical Bills After a Delivery Worker Is Hit by a Car?
It depends on the worker’s status and the type of bicycle involved:
- Employees – If you are employed by a restaurant or delivery service, you are entitled to workers’ compensation benefits, which pay medical bills and wage replacement.
- Independent Contractors on bicycles or low-speed e-bikes – The driver’s auto insurance must provide no-fault benefits, covering medical care and a portion of lost wages (up to $50,000). To recover pain and suffering, you must also meet New York’s “serious injury” threshold.
- Independent Contractors on motorcycles or high-speed e-bikes – No-fault does not apply. Medical bills must be paid through your own health insurance, but you can sue the negligent driver for your injuries without proving a “serious injury.”
Can Food Delivery Workers Sue for Getting Hit While Riding a Bicycle?
Yes. Delivery workers have the same rights as any cyclist on New York City streets. The rules for filing a lawsuit depend on the type of bike:
- Bicycles and low-speed e-bikes (under 30 mph) – You can sue a negligent driver for pain and suffering if your injuries meet New York’s “serious injury” threshold. Common qualifying injuries include fractures, disfigurement, or objective injuries with long-term limitations.
- Motorcycles and high-speed e-bikes (30+ mph) – No-fault benefits do not apply, but you can sue the driver for any injury caused by negligence, without having to prove the “serious injury” threshold.
Because delivery workers spend long hours in traffic, they face a higher risk of being struck by careless drivers. A lawsuit may allow recovery for medical expenses beyond no-fault, lost income, and compensation for pain and suffering.
How Our New York Bicycle Accident Lawyers Can Help
Insurance companies and defense lawyers often try to blame the cyclist when an accident happens. We know the tactics they use, and we fight back with evidence, expert testimony, and aggressive litigation.
- Investigate the crash using police reports, video footage, and eyewitness accounts
- Identify all liable parties beyond the at-fault driver
- Negotiate firmly with insurers for full settlements
- Take your case to trial if defendants refuse to accept responsibility
With offices in Manhattan and White Plains, we represent injured cyclists across New York City and Westchester County.
Why Choose the Law Offices of Michael H. Joseph?
- Decades of Experience: Over 20 years fighting for injured New Yorkers.
- Proven Results: Millions recovered for accident victims in verdicts and settlements.
- Local Knowledge: Deep understanding of NYC bike laws and Westchester traffic patterns.
- Client-Centered Representation: Dedicated, personal attention from start to finish.
We Consistently Receive 5-Star Reviews
Cliff Nelson at Law Office of Michael Joseph handled two cases for me with very successful results. His deep knowledge of the law, along with his caring, thoughtful personality made the process as painless as possible. Clif always responded in a timely manner to my calls or emails and is very patient and thoughtful in explaining the complexities of the law in laymen’s terms. Both of my cases were very difficult and he was able to accomplish things that I didn’t expect. I highly recommend Clif – he is an all around great guy!
Frequently Asked Questions About Bicycle Accidents in New York
Do cyclists have the same rights as drivers in New York?
Yes. Bicyclists have the same rights and responsibilities as motor vehicles, including the right to ride in the road and in designated bike lanes. Drivers must respect those rights.
Can I recover damages if I wasn’t wearing a helmet?
Yes. Failing to wear a helmet does not bar recovery in New York, though it may be considered in assessing damages if a head injury occurred.
How long do I have to file a bicycle accident claim in New York?
In most cases, you have three years from the date of the accident to file a personal injury lawsuit. Wrongful death claims must be filed within two years. Claims against municipalities require a notice of claim within 90 days, and a lawsuit must be filed within one year and 90 days.
Do cyclists have to ride in bike lanes in New York?
Not always. New York law requires cyclists to use bike lanes when they are available and safe. However, if a bike lane is blocked, poorly maintained, or unsafe for any reason, riders are legally allowed to use the regular traffic lane. Drivers still have a duty to share the road and give cyclists room.
What if the driver fled the scene of the bicycle accident?
Hit-and-run bicycle accidents are unfortunately common in New York. If the driver cannot be identified, cyclists may still have coverage through uninsured motorist benefits, their own auto policy if they have one, or through the Motor Vehicle Accident Indemnification Corporation (MVAIC). An attorney can help file these claims and meet strict deadlines.
Can I still recover damages if I was partly at fault for the crash?
Yes. New York follows a comparative negligence rule. This means you can recover compensation even if you were partly at fault, though your award will be reduced by your percentage of responsibility. For example, if you are found 20% at fault and awarded $100,000, you would recover $80,000.
Who Pays the Medical Bills for an E-Bike Rider After an Accident?
It depends on how the e-bike is classified. If the maximum speed is under 30 mph, New York law treats it as a bicycle, and the driver’s auto insurance must provide no-fault benefits to cover medical bills and lost wages. If the e-bike exceeds 30 mph, it is treated as a motorcycle, and medical costs must be covered by private health insurance.
Can an E-Bike Rider Sue if They Are Hit by a Car?
Yes. If your e-bike is classified as a bicycle, you can sue for pain and suffering if you meet New York’s “serious injury” threshold. If your e-bike is classified as a motorcycle, no-fault benefits do not apply, but you can sue for any injury caused by the driver’s negligence without meeting the serious injury threshold.
Can a Bicyclist Sue if They Were Doored?
Yes. New York law requires drivers and passengers to check before opening car doors. If a motorist opens a door into a bicyclist without looking, they are negligent and can be held responsible for resulting injuries.
Can a Bicyclist Sue for Bike Lane Accidents?
Yes. Bike lanes are legally reserved for cyclists. If a driver drifts into a bike lane or a delivery worker blocks it and causes a crash, that negligence can make them liable for your injuries.
Can a Bicyclist Sue if the Driver Didn’t See Them?
Yes. Drivers have a legal duty to keep a proper lookout. Failing to see a cyclist before turning, changing lanes, or entering an intersection is negligence, and injured cyclists can sue for damages.
Don’t Wait to File Your Claim
If you or a loved one was injured in a bicycle accident in New York City or White Plains, don’t wait. The sooner you act, the stronger your case will be.
Call the Law Offices of Michael H. Joseph, PLLC, at (212) 858-0503