New York Bicycle Accident Lawyer
Last updated: June 22, 2026
Injured in a Bicycle Accident?
Free consultation. Call (212) 732-2929 or contact us online.
What To Do Right After a Bicycle Accident in New York City
If you’ve been struck by a vehicle, doored, or injured due to a road defect while cycling in NYC, take these immediate steps:
Call 911 immediately
Document the scene thoroughly
Get driver and witness information
Do not admit fault
Seek immediate medical attention
Preserve all evidence
Contact a bicycle accident attorney
Call us at (212) 732-2929 before speaking with any insurance company. We handle evidence preservation, witness interviews, and claim filing.
Notify your insurance company
Key Legal Definitions for NYC Bicycle Accidents
Critical Terms to Understand
Term
Definition
Negligence
Statute of Limitations
The legal deadline to file a lawsuit. Generally, three years from the date of injury for injury claims against private persons or entities in New York under CPLR § 214(5). However, if suing a government entity for a road defect or other municipal negligence, you must file a Notice of Claim within 90 days under GML § 50-e, and the lawsuit must be filed within 1 year and 90 days under GML § 50-I. In wrongful death claims, the deadline is 2 years from the date of death under EPTL § 5-4.1.
Comparative Negligence
New York’s rule under CPLR § 1411 allows recovery even if the cyclist is partially at fault. If a cyclist is found 30% responsible for the accident, they can still recover 70% of their damages. This applies when cyclists violate traffic laws but are still struck by a negligent driver.
Dooring
A collision that occurs when a vehicle occupant opens their door into the path of an oncoming cyclist. Under VTL § 1214, drivers and passengers must check for cyclists before opening doors. Dooring is a leading cause of serious bicycle injuries in Manhattan and Brooklyn.
THE TIME TO SUE CAN VARY FROM CASE TO CASE – ALWAYS CONSULT AN EXPERIENCED ATTORNEY TO DETERMINE THE TIME FRAME THAT APPLIES TO YOUR CASE AS SOON AS POSSIBLE AFTER THE ACCIDENT
Any statute of limitation or condition precedent, such as a notice of claim cited herein, may not apply to your particular case. The time to bring a lawsuit and the conditions upon which it may be brought depend upon many factors including the age and mental capacity of the injured person, whether the party to be sued is a private person, partnership, corporation, government entity or other legal entity, the substance and type of claim that is being made, the place of the accident and other possible factors that may apply at the time of the accident or injury. You are advised to call to confirm the time limits and conditions that apply to your case as soon as possible.
Common Causes of Bicycle Accidents in NYC
Motor Vehicle Collisions
The vast majority of serious bicycle accidents involve collisions with cars, trucks, buses, or taxis. Common scenarios include drivers making right turns without checking bike lanes (right hooks), left-turning vehicles cutting across a cyclist’s path, and rear-end collisions when motorists fail to maintain safe following distances. NYC experiences thousands of cyclist injuries annually, with motor vehicle strikes representing the predominant cause of serious crashes according to the NYC Department of Transportation’s bicycle crash data reports.
Dooring Incidents
Parked vehicle occupants opening doors without checking for cyclists remains one of the most dangerous scenarios, particularly along streets with parking lanes adjacent to bike lanes. These collisions often result in serious injuries as cyclists have no time to react. Under New York Vehicle and Traffic Law § 1214, it is illegal to open a vehicle door unless it is reasonably safe to do so.
Defective Roadway Conditions
NYC’s streets contain numerous hazards, including potholes, uneven pavement, missing manhole covers, construction debris, and defective traffic control devices. These conditions are especially dangerous for cyclists who can be thrown from their bikes with little warning. The City’s duty to maintain safe roadways means municipalities can be held liable when inadequate maintenance causes injuries.
Vision Zero and Protected Bike Lane Failures
Despite NYC’s Vision Zero initiative aimed at eliminating traffic deaths, protected bike lanes are often blocked by delivery trucks, illegally parked vehicles, and construction equipment. When cyclists are forced to swerve into traffic lanes to avoid obstructions, the risk of collision increases dramatically.
Distracted Driving and Texting
Drivers using cell phones, adjusting GPS systems, or otherwise distracted fail to see cyclists in their path. This is particularly dangerous at intersections where drivers make turns without checking blind spots or bike lanes.
Speed and Aggressive Driving
Excessive speed reduces a driver’s reaction time and increases the severity of injuries when collisions occur. Speeding violations are common along major NYC corridors including FDR Drive, West Side Highway, and the Brooklyn-Queens Expressway.
Types of Injuries Sustained in Bicycle Accidents
Cyclists lack the physical protection that vehicle occupants have, making them vulnerable to catastrophic injuries even in low-speed collisions. We’ve represented clients with:
- Traumatic Brain Injuries (TBI) and Concussions – Even helmeted cyclists can suffer severe brain trauma. Our $6.25 million verdict included compensation for mild brain damage sustained by a bicycle deliveryman.
- Spinal Cord Injuries and Paralysis – High-impact collisions can cause permanent spinal damage, requiring lifetime medical care and adaptive equipment.
- Fractures and Broken Bones – Common fractures include clavicle breaks, fractured arms and wrists (from trying to break a fall), pelvic fractures, and leg injuries. Our $2.4 million settlement involved a cyclist who suffered multiple arm fractures from striking a defective roadway sensor.
- Road Rash and Severe Lacerations – Skin abrasions from sliding across pavement can be extensive and require skin grafts, leaving permanent scarring.
- Internal Organ Damage – Handlebar impacts or vehicle strikes can cause internal bleeding, ruptured spleens, liver damage, and other life-threatening internal injuries.
- Facial and Dental Injuries – Impacts with vehicles or pavement often result in broken teeth, jaw fractures, facial lacerations, and eye injuries.
For severe injuries requiring specialized care, we work with neurologists, orthopedic surgeons, physical therapists, and life care planners to document the full extent of your damages and future medical needs.
Who is Liable for a Bicycle Accident in New York?
Determining liability in bicycle accident cases often involves multiple responsible parties. Under New York law, the following defendants may be held accountable:
Motor Vehicle Operators
Drivers who strike cyclists due to distracted driving, failure to yield, speeding, or other traffic violations bear primary liability for resulting injuries. This includes passenger vehicles, commercial trucks, delivery vans, taxis, and rideshare drivers.
Government Entities
New York City, the NYC Department of Transportation, can be held liable when defective roadway conditions, inadequate signage, missing traffic controls, or improper maintenance of bike lanes cause accidents. Claims against government entities require strict compliance with Notice of Claim procedures under GML § 50-e.
Property Owners and Businesses
Commercial property owners who allow sidewalk defects, obstructions in bike lanes (dumpsters, merchandise displays, construction debris), or hazardous conditions on their property may be liable when these conditions cause bicycle accidents.
Product Manufacturers
When defective bicycle components, such as faulty brakes, defective tires, or frame failure,s cause accidents, manufacturers and distributors can be held strictly liable for resulting injuries.
Other Cyclists and Pedestrians
While less common, liability can extend to other cyclists who collide with you or pedestrians who step into bike lanes without looking. Recovery depends on the specific facts and the at-fault party’s available insurance coverage.
In many cases, multiple parties share responsibility. Our attorneys conduct thorough investigations to identify all liable defendants and maximize your potential recovery.
Case Results: How We’ve Helped Injured Cyclists
$6.25 Million – Bicycle Deliveryman Struck by Speeding Van
A 26-year-old bicycle deliveryman was struck by a speeding Dollar Rent-A-Car van on a busy intersection, causing multiple fractures in his neck, back, arm and leg, as well as mild brain damage. Although he remembered little of the accident, we presented compelling evidence that the van driver was speeding and failed to yield. The jury rendered a verdict in his favor despite the defense’s attempts to shift blame.
$2.4 Million – Cyclist Struck Defective Roadway Sensor
A 31-year-old maintenance worker struck an improperly maintained NYC traffic control pressure sensor embedded in the roadway while riding his bicycle. He suffered fractures of his left arm requiring surgery. The City denied responsibility for the maintenance of the roadway and the cover, arguing that the area was not dangerous. We persisted through litigation, and the case settled when evidence showed the City’s failure to maintain the sensor created a hazardous condition.
Prior results do not guarantee a similar outcome. Every case depends on its unique facts, the severity of injuries, available insurance coverage, and the strength of evidence.
How Our NYC Bicycle Accident Attorneys Build Your Case
Bicycle accident cases require specialized knowledge of traffic laws, accident reconstruction, and insurance coverage issues. Our approach includes:
Immediate Investigation and Evidence Preservation
We dispatch investigators to accident scenes promptly to photograph conditions, identify witnesses, and preserve critical evidence before it disappears. This includes securing surveillance footage from nearby businesses and traffic cameras, documenting road defects, and examining bicycle and vehicle damage patterns.
Expert Accident Reconstruction
When liability is disputed, we retain accident reconstruction experts who analyze skid marks, point of impact, vehicle speed, sight lines, and traffic control devices. These experts provide testimony explaining how the accident occurred and why the defendant bears responsibility.
Comprehensive Damage Documentation
We work with your medical providers to compile complete records demonstrating the severity of your injuries. This includes documentation of emergency treatment, surgeries, rehabilitation, ongoing therapy, and permanent impairments. Economic experts calculate lost wages, diminished earning capacity, and lifetime care costs.
Aggressive Negotiation and Trial Preparation
Insurance companies often attempt to minimize bicycle accident claims by arguing cyclists violated traffic laws or failed to exercise caution. We prepare every case as if it will go to trial, which strengthens our negotiating position. When insurers refuse fair settlements, we have the trial experience to present compelling cases to juries.
Handling Government Claims
When NYC agencies, or other government entities bear responsibility, strict procedural requirements must be followed. We file timely Notices of Claim, appear at required hearings, and navigate the complexities of municipal liability law under New York General Municipal Law.
What Our Clients Say
Frequently Asked Questions About NYC Bicycle Accident Claims
Do I need to wear a helmet to recover compensation?
For recreational adult riders, New York State generally does not require a helmet. However, NYC requires helmets for commercial cyclists (e.g., delivery riders) and places compliance responsibilities on employers. While helmet laws vary, insurance companies and defendants often argue that failing to wear a helmet contributed to your injuries. This can reduce your compensation under comparative negligence rules. However, you can still recover substantial damages even if you were not wearing a helmet. Our attorneys counter these arguments by showing that the collision itself—not the absence of a helmet—was the primary cause of your injuries.
What if I was partially at fault for the accident?
New York follows a pure comparative negligence rule under CPLR § 1411, which means you can still recover damages even if you were partially responsible for the accident. For example, if you were found 30% at fault for running a red light, but the driver was 70% at fault for speeding and texting, you can recover 70% of your total damages. This is different from some states that bar recovery if you’re more than 50% responsible.
How long do I have to file a lawsuit after a bicycle accident in NYC?
Generally, three years from the date of injury for most personal injury claims against private at fault parties or entities in New York under CPLR § 214(5). However, if suing a government entity such as the City of New York, NYC Department of Transportation, or the MTA, you must file a Notice of Claim within 90 days under GML § 50-e, and the lawsuit must be filed within 1 year and 90 days under GML § 50-i. For wrongful death claims arising from fatal bicycle accidents, the deadline is 2 years from the date of death under EPTL § 5-4.1. Deadlines vary—speak with counsel immediately to confirm the time limits that apply to your specific case.
Should I accept the insurance company’s settlement offer?
Insurance adjusters often contact injured cyclists shortly after accidents and offer quick settlements. These initial offers are almost always far below the true value of your claim. Adjusters know that cyclists may be facing medical bills and lost income, creating pressure to accept lowball offers. Before accepting any settlement, consult with an experienced attorney who can properly value your claim, including future medical expenses, lost earning capacity, and pain and suffering. Once you sign a release, you cannot reopen the case even if your injuries worsen.
What compensation can I recover in a bicycle accident case?
Damages in New York bicycle accident cases can include medical expenses (past and future), lost wages, diminished earning capacity, pain and suffering, permanent scarring or disfigurement, loss of enjoyment of life, property damage to your bicycle and gear, and in cases of extreme negligence, punitive damages. For wrongful death claims, surviving family members can pursue compensation for funeral expenses and economic losses.
Will my case go to trial?
Most bicycle accident cases settle before trial, but we prepare every case as if it will be tried to a jury. This preparation includes retaining expert witnesses, conducting depositions, and developing compelling trial presentations. When insurance companies see that we’re ready and willing to try the case, they’re more likely to offer fair settlements. However, if a reasonable settlement cannot be reached, we have extensive trial experience and are prepared to present your case to a jury.
How much does it cost to hire a bicycle accident attorney?
Dansker & Aspromonte Associates LLP handles bicycle accident cases on a contingency fee basis, meaning you pay no upfront costs or hourly fees. We only get paid if we recover compensation for you. If we don’t win your case, you owe us nothing. Initial consultations are always free and confidential.
Can I still pursue a claim if the driver who hit me fled the scene?
Yes. Hit-and-run accidents are unfortunately common in NYC bicycle cases. If the driver cannot be identified, you may still be able to recover compensation through your own uninsured motorist coverage or through the New York Motor Vehicle Accident Indemnification Corporation (MVAIC). We work with police to locate drivers using surveillance footage, witness interviews, and vehicle debris analysis. Even in cases where the driver is never found, options for recovery may exist.
What if I was injured in a bike lane?
Being in a bike lane does not automatically protect you from liability arguments, but it strengthens your case significantly. Drivers are required to yield to cyclists in bike lanes and check before crossing them. If you were following traffic laws in a designated bike lane when struck, the burden shifts to the driver to explain why they failed to see you or yield appropriately. Protected bike lanes provide additional legal protection because vehicles are generally prohibited from entering them.
Related Practice Areas
Our firm handles all types of serious injury cases throughout New York City. If you or a loved one has been injured, we can help with:
- Car Accident Cases — When bicycle accidents involve motor vehicle collisions
- Pedestrian Accident Cases — Similar vulnerability to serious injuries
- Truck Accident Cases — Commercial vehicle collisions with cyclists
- Traumatic Brain Injury Cases — Common in bicycle accidents, even with helmets
- Wrongful Death Claims — Fatal bicycle accidents
Sources
- NYC DOT Bicycle Crash Data
- New York Civil Practice Law & Rules § 214 (Statute of Limitations)
- New York Civil Practice Law & Rules § 1411 (Comparative Negligence)
- New York General Municipal Law § 50-e (Notice of Claim)
- New York General Municipal Law § 50-i (Government Entity Lawsuit Deadline)
- New York Estates, Powers and Trusts Law § 5-4.1 (Wrongful Death)
- New York Vehicle and Traffic Law § 1214 (Dooring)
- NYS DMV: Sharing the Road (Helmet Requirements)
- NYC 311: Commercial Cyclist Helmet Requirements
Contact Our NYC Bicycle Accident Attorneys Today
If you’ve been injured in a bicycle accident in Manhattan, Brooklyn, Queens, the Bronx, or Staten Island, time is critical. Evidence disappears, witnesses’ memories fade, and strict legal deadlines apply—especially when suing government entities.
Call Dansker & Aspromonte Associates LLP at (212) 732-2929 for a free, confidential consultation. Our experienced trial attorneys are available to discuss your case and explain your legal options.
Free consultation. No fees unless we win. Call (212) 732-2929 or contact us online.
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Prior results do not guarantee a similar outcome. Attorney advertising. This website is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for advice regarding your individual situation. This website is not intended to create, and viewing it does not constitute, an attorney-client relationship.