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Bicycle Accident Lawyer in NYC
NYC has the largest protected-bike-lane network in the country and one of the most aggressive driver-vs-cyclist conflict environments. The law has slowly caught up: Vehicle and Traffic Law §1234 codifies protected-bike-lane priority, VTL §1214 makes dooring a per-se negligence claim, and NYC Admin Code §19-190 layers civil penalties on drivers who fail to yield. Prior results do not guarantee a similar outcome. Call 718-261-0546.
The protected bike lane case
You were riding in a marked, protected bike lane. A driver pulled out of a parking spot, turned into a driveway, or merged across the lane and hit you.
NY VTL §1234 requires drivers to yield to cyclists in marked bike lanes. NYC Admin Code §19-190 imposes civil penalties for failure to yield. A driver who pulls into a protected bike lane and hits a cyclist faces near-strict-liability framing.
The defense usually argues the cyclist was speeding or appeared suddenly. We counter with:
- Bike-lane camera footage where it exists (many newer protected lanes have monitoring).
- Witness statements from pedestrians and other cyclists.
- Speed analysis on the cyclist's own equipment (Strava data, e-bike telemetry).
- The driver's cell-phone records for distraction.
The dooring case
A parked car opens its door into the bike lane. You hit the door or you swerve and crash. NY VTL §1214 requires drivers and passengers to check for oncoming bike or vehicle traffic before opening a door. Failure to check is per-se negligence.
The case is straightforward when there are witnesses or video. It is harder when it is just you and the driver. We work up doorings with the police report, the door damage on the parked car, witness statements, and any dash-cam footage from nearby vehicles.
Citi Bike: the defective-brake case
You rented a Citi Bike. The brakes failed. You crashed.
The Citi Bike user agreement contains a liability waiver. Waivers cannot exempt a provider from gross negligence or product-defect claims under NY General Obligations Law §5-326. A defective brake, especially the failure to retire a bike after a known recall or repair history, can be a product-liability case against the operator (Lyft, which runs the system through its Citi Bike subsidiary) or the bike manufacturer.
We pull the bike's maintenance log, dispatch the bike to an engineering inspector, and assess. If the bike had a documented history of brake complaints that should have triggered a retire-from-service decision, the waiver does not save the operator.
The e-bike sub-cases
NY classifies e-bikes into three classes under VTL §125:
- Class 1 (pedal-assist, max 20 mph): treated like a regular bicycle.
- Class 2 (throttle, max 20 mph): treated like a regular bicycle for most purposes.
- Class 3 (pedal-assist, max 25 mph, used by NYC delivery cyclists): subject to stricter rules under VTL §1242.
A Class 3 e-bike in a non-bike lane may face fault arguments a regular cyclist would not. The crash mechanism is also worse: higher speed, heavier bike, harder impact. The legal framework otherwise tracks regular cycling cases.
The delivery cyclist case
You ride for DoorDash, Uber Eats, Grubhub, or Relay. You were hit by a car while making a delivery. Two parallel cases:
- Bodily-injury case against the at-fault driver. Same as any cyclist. Driver's liability coverage, your no-fault PIP if you have any (cyclists are generally excluded from PIP), and your own UM/SUM if the driver was underinsured.
- Workers comp or independent-contractor injury claim against the app platform. NY courts are increasingly recognizing app drivers as employees for workers-comp purposes. The 2020 Vega decision in NJ and subsequent NY cases push in that direction. We pursue both tracks because the platforms tend to deny employee status until forced.
If the at-fault driver fled the scene, your case may also include UM/SUM coverage from any auto policy you have access to (yours or a household member's).
What if the cyclist was at fault?
We see this. A cyclist runs a red light, blows through a stop sign, rides against traffic, or hits a pedestrian. NY uses pure comparative fault under CPLR §1411. Even if you were 80 percent at fault, you can still recover 20 percent of your damages from any other party who contributed to the harm.
If you hit a pedestrian, your homeowner's or renter's policy may cover the liability under the personal-liability section. The pedestrian sues you; your insurance defends. That is a different practice (insurance defense) but we triage these inquiries and refer to appropriate counsel.
What to do after a bike crash
- Get medical care immediately. Even if you feel fine.
- Photograph everything. Driver's vehicle, license plate, driver's license, registration, insurance card, your bike, your gear, the street, your injuries.
- Witnesses. Names and phone numbers.
- Police report. Required for any car-vs-bike crash with injuries.
- Do not give the driver's insurance a recorded statement. They will call. Refer them to your lawyer.
- Preserve your bike and gear. If the helmet hit anything, do not throw it away. The helmet damage pattern is evidence.
- Call us in the first week. 718-261-0546. We come to you.
The no-fault question for cyclists
Cyclists are excluded from no-fault PIP coverage under Insurance Law §5103. That means medical bills from a bike-vs-car crash are paid by your health insurance, the at-fault driver's bodily-injury policy at settlement, or your own UM/SUM coverage. The bodily-injury claim against the driver still requires meeting the serious-injury threshold under §5102(d), the same as any other no-fault-system claim.
Concierge service: we come to you
You do not have to come to the office. Our concierge meets you at home, the hospital, the rehab facility, or anywhere in NYC or Long Island.
Talk to Nick
Free consultation. No fee unless we win. Twenty-two years on personal injury cases in New York. Call 718-261-0546 or tell us what happened. Hablamos español.
Related: Personal Injury Lawyer NYC · Pedestrian Accidents · Motorcycle Accidents · E-Bike Accident Scenario · Delivery Courier Injury Scenario
Attorney Advertising. Prior results do not guarantee a similar outcome. This page is informational and does not create an attorney-client relationship.
Law Offices of Nicholas Rose, PLLC | 102-11 Metropolitan Avenue, Forest Hills, NY 11375 | (718) 261-0546 | nicholas@nroselaw.com
Common questions.
No. Cyclists are excluded from no-fault PIP coverage under Insurance Law §5103. That means medical bills from a bike-vs-car crash are paid by your health insurance, the at-fault driver's bodily-injury policy at settlement, or your motorcycle's MedPay if applicable. The bodily-injury claim against the driver still requires meeting the serious-injury threshold under §5102(d), the same as any other no-fault-system claim.
Close to it. NY VTL §1234 requires drivers to yield to cyclists in marked bike lanes. NYC Admin Code §19-190 imposes civil penalties for failure to yield. A driver who pulls into a protected bike lane and hits a cyclist faces near-strict-liability framing. The defense usually argues the cyclist was speeding or appeared suddenly; we counter with bike-lane camera footage where it exists and witness statements.
Yes. NY VTL §1214 requires drivers and passengers to check for oncoming bike or vehicle traffic before opening a door into traffic. Failure to check is per-se negligence in NY. The case is straightforward when there are witnesses or video, more difficult when it is just you and the driver. We work up the case with the police report, witness statements, and any dash-cam footage from nearby vehicles.
Maybe. The Citi Bike user agreement contains a liability waiver, but waivers cannot exempt a provider from gross negligence or product-defect claims under NY General Obligations Law §5-326. A defective brake (failure to maintain a brake that should have been retired after a known recall) can be a product-liability case against Lyft (the operator) or the bike manufacturer. We pull the bike's maintenance log, dispatch the bike to an engineering inspector, and assess.
Two parallel cases. First, the bodily-injury case against the at-fault driver (same as any cyclist). Second, the workers comp or independent-contractor injury claim against the app platform. NY courts are increasingly recognizing app drivers as employees for workers-comp purposes (the 2020 Vega decision in NJ tracks national direction). We pursue both tracks because the platforms tend to deny employee status until pushed.
NY classifies e-bikes into three classes under VTL §125: Class 1 (pedal-assist, 20 mph), Class 2 (throttle, 20 mph), Class 3 (pedal-assist, 25 mph, NYC delivery cyclists). A Class 3 e-bike in a non-bike lane may face fault arguments a regular cyclist would not. The crash-mechanism damage is also worse (higher speed, heavier bike, harder impact). The legal framework is otherwise the same as a regular cycling case.
Free consultation. No fee unless we win.
Call 718-261-0546 or use the form. I answer my own phone during business hours, and the answering service patches urgent calls through after hours.
Twenty-two years on these cases. Boutique New York City practice with a real team behind it. Bilingual concierge on staff. Hablamos español. Arabic spoken on request.