NYC Bicycle Accident Lawyer – Protecting Riders Hit by Negligent Drivers
New York City’s cycling culture has exploded over the past decade. The city now has over 1,400 miles of bike lanes and hundreds of thousands of daily riders – from Citi Bike commuters to serious road cyclists navigating the outer boroughs. But more cyclists on the road has also meant more bicycle accidents, more serious injuries, and more grieving families.
Despite the growth of protected bike infrastructure, cyclists in New York City remain extraordinarily vulnerable. A car that clips a rider at 25 mph can cause catastrophic, life-altering injuries. If you were hurt in a bicycle accident in NYC, you have rights – and Jason Linden is here to help you enforce them.
Call (212) 804-8440 for a free consultation. No fee unless we win.
Cyclists Have the Same Legal Rights as Drivers
Under New York’s Vehicle and Traffic Law, cyclists have the same rights – and the same responsibilities – as drivers on the road. That means drivers owe cyclists the same duty of care they owe to other motorists. When a driver fails to yield, runs a red light, makes an illegal turn, or drives distracted and hits a cyclist, they can be held fully liable for the resulting injuries.
The fact that you were on a bike, rather than in a car, does not reduce your rights. It does, however, make your injuries far worse.
No-Fault Coverage Applies to Cyclists Hit by Motor Vehicles
This surprises many people: if a motor vehicle struck you while you were riding your bike, you are entitled to make a no-fault (Personal Injury Protection) claim against the vehicle’s insurance policy. No-fault covers your medical bills and a portion of your lost wages regardless of fault.
No-fault has limits, though. It does not cover your pain and suffering, and its wage replacement is capped. A personal injury lawsuit is the vehicle for recovering full compensation – including for long-term injuries, permanent scarring, and the impact your injuries have had on your daily life.
Dooring Accidents: A Uniquely NYC Hazard
One of the most common – and most dangerous – bicycle accidents in New York City is the “dooring” accident. This happens when a driver or passenger opens a car door directly into the path of an oncoming cyclist without checking for traffic. The cyclist has virtually no time to react.
Dooring accidents routinely cause serious injuries: broken collarbones, wrist fractures, head injuries (even with a helmet), and road rash from being thrown to the pavement. Under New York law, it is illegal to open a vehicle door into the path of traffic. Liability in a dooring accident typically falls on the person who opened the door, and potentially the vehicle owner as well.
Common Causes of NYC Bicycle Accidents
- Driver failure to yield at intersections, particularly on right and left turns
- Running red lights or stop signs – one of the leading causes of fatal cyclist crashes
- Distracted driving – texting, phone calls, and in-car navigation systems take drivers’ eyes off the road
- Dooring – driver or passenger opens a door without checking for cyclists
- Unsafe passing – drivers overtaking cyclists too closely, especially on narrow NYC streets
- Rideshare and taxi pickups/dropoffs – vehicles stopping in bike lanes or pulling over suddenly
- Road defects – potholes, broken pavement, and debris that cause loss of control
Does It Matter if I Was in a Protected Bike Lane?
Riding in a designated or protected bike lane does not automatically guarantee you win your case – but it is strong evidence in your favor. A driver who enters a protected bike lane and strikes a cyclist has almost certainly violated a traffic law, which creates a legal presumption of negligence. If you were riding in a bike lane and got hit, do not let anyone tell you this is a gray area.
The Helmet Question
New York State law does not require adult cyclists (over 14) to wear a helmet. If you were not wearing a helmet when you were hit, the defense may attempt to argue that you were comparatively negligent and that your injuries were worsened by your failure to wear one. This argument has limitations – courts have not uniformly accepted it – but it is something we prepare for. Not wearing a helmet does not bar you from recovering. It is one factor among many, and we fight to minimize its impact on your case.
Bicycle Defect Claims
Not every bicycle accident is caused by a driver. If your bicycle’s brakes failed, your fork cracked, or a component malfunctioned due to a defect in design or manufacture, the bike’s manufacturer, distributor, or retailer may be liable under New York product liability law. We investigate every angle to identify all responsible parties.
Frequently Asked Questions
Do I have a case if I wasn’t wearing a helmet?
Yes. The lack of a helmet is not a complete bar to recovery. New York’s comparative negligence rule means you can still recover even if a jury finds you were partially responsible for the severity of your injuries. Adult cyclists are not legally required to wear helmets in New York. We fight hard to keep the focus on the driver’s negligence, not your gear choices.
Can I file a no-fault claim as a cyclist?
Yes – if a motor vehicle struck you. No-fault (Personal Injury Protection) applies to cyclists hit by cars, trucks, taxis, or rideshares. File a no-fault claim with the vehicle’s insurer as soon as possible – you have 30 days from the accident to submit the application. No-fault covers medical treatment and partial lost wages; it does not cover pain and suffering.
What if I was in a designated bike lane when I was hit?
Riding in a bike lane strengthens your case considerably. A driver who intrudes into a protected or designated bike lane and strikes you has likely violated New York’s Vehicle and Traffic Law. That violation is evidence of negligence, and in many cases the driver’s liability is clear-cut. Being in a bike lane also tends to refute any argument that you were riding recklessly.
What is a “dooring” accident and who is liable?
A dooring accident occurs when a driver or vehicle occupant opens a car door into the path of an approaching cyclist. Under NY VTL §1214, it is unlawful to open a vehicle door until it is reasonably safe to do so. If you were doored, the person who opened the door – and potentially the vehicle’s owner – can be held liable for your injuries. These cases are typically strong for plaintiffs because the violation of the traffic law is straightforward.
How long do I have to file a bicycle accident claim in New York?
For most bicycle accident claims against private parties, the statute of limitations is three years from the date of the accident. However, if a City vehicle struck you, or if a City-maintained road defect contributed to your accident, you must file a Notice of Claim within 90 days. Do not wait. Evidence disappears, witnesses forget, and surveillance footage is overwritten. Contact us as soon as possible.
No Fee Unless We Win
Linden Law handles all bicycle accident cases on a contingency fee basis. You pay nothing to hire us and nothing throughout the case. We only collect a fee if we obtain a settlement or verdict in your favor.
Call (212) 804-8440 or contact us online for your free consultation. We serve cyclists across all five boroughs from our office at 250 West 57th St., Suite 432, New York, NY 10017.