Bike Accidents in NYC
Who’s At Fault When a Cyclist Is Hit by a Car in New York?
It depends on how the accident happened, but New York law does place a duty on drivers to protect bicyclists. Drivers have to keep a proper lookout and be aware of cyclists, especially in bike lanes where cyclists have the right of way.
Most bike accidents we see involve drivers making left turns across bike lanes or changing lanes into cyclists. The common excuse is “I didn’t see the cyclist,” but that doesn’t let a driver off the hook. Drivers are required to see what’s there to be seen—including cyclists.
The Legal Importance of Bike Lanes in NYC
Absolutely. When a driver crosses a bike lane to turn or merge, they must make sure it’s safe first. The bike lane is essentially a protected space. If a driver hits a cyclist while crossing it, they’re likely at fault.
Do Cyclists Have to Follow Traffic Laws Too?
Generally, yes. Cyclists must follow the rules of the road. That said, drivers still have the greater responsibility because they’re operating the heavier, more dangerous vehicle. The law requires cars to operate in a way that doesn’t endanger cyclists.
E-Bikes vs. Motorcycles: How New York Classifies Your Ride
Here’s where it gets tricky. If your e-bike or scooter can go under 35 mph, you're treated like a bicyclist. You’re entitled to no-fault benefits from the car’s insurance if you're hit. But if your vehicle can exceed 35 mph, it’s classified as a motorcycle. That means no no-fault benefits, and you’ll have to use your own health insurance.
What Are No-Fault Benefits and How Do They Work?
No-fault benefits include medical bills and lost wages—even if you’re not at fault. But to sue for pain and suffering, you need a “serious injury” under New York law, like a fracture, disfigurement, or inability to work or go to school for 90 days.
If you're on a motorcycle (or a vehicle classified as one), you don’t need to meet the serious injury threshold to sue. You can sue for any injury—but you won’t get no-fault benefits.
Modified Scooters & Legal Gray Areas
That could change the legal classification of the vehicle. If it’s modified to exceed the speed limit, even if the original specs don’t allow it, a court may still treat it as a motorcycle.
Can You Sue If You’re Hit While in a Bike Lane?
In most cases, yes. Drivers must ensure the lane is clear before entering. Even if a delivery truck places boxes in the lane and a cyclist crashes into them—we’ve successfully sued in that scenario. That space belongs to the cyclist.
Are Cyclists Ever At Fault?
Sure, if the cyclist suddenly veers out of the lane or turns into a car, they could be held partially at fault. But if they’re traveling straight and a vehicle hits them or opens a door into their path, the vehicle is responsible.
“Dooring” Accidents: Who’s Liable?
Yes. The law requires anyone exiting a parked car to check that it’s safe before opening the door. We’ve even won cases where NYPD officers doored cyclists. The key point is: even if the car isn’t moving, the injury still arises from the use of a vehicle, so no-fault applies.
Food Delivery Cyclists: Who’s Responsible?
Only if the cyclist is an employee. Most are independent contractors, so the company isn't usually liable. But the cyclist can still recover from the vehicle’s insurance if they’re hit.
What Should Cyclists Do After an Accident?
Call the police and get a report. Get the car’s plate number, the driver’s license, and take pictures of the scene. If you’re too hurt, ask someone nearby to help. Photos and a police report are your best evidence.
What If the Driver Flees the Scene?
If you can get the plate, you can pursue the driver. If not, your own car insurance—or that of someone in your household—may cover you under uninsured motorist benefits. If there’s no household policy, you can apply for MVAIC, a New York state fund that provides basic coverage for hit-and-run victims.
What If the Driver Has Low Coverage and You’re Seriously Hurt?
Then you can use SUM—Supplemental Underinsured Motorist coverage from your or a household member’s policy. You’d settle for the driver's max policy amount and then claim the remainder from your own insurer, up to your policy limit.
