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NYC Bicycle Accident Lawyer: What Happens When a Car Hits a Cyclist in New York?

Writer: BLITZ LAW GROUP
BLITZ LAW GROUP
Oct 27
8 min read

New York City added more than 100 miles of protected bike lanes in the last decade. Citi Bike has expanded to over 1,800 stations across four boroughs. Cycling has become one of the fastest-growing forms of transportation in the five boroughs.


And yet in 2023, 27 cyclists were killed on New York City streets — an increase from 19 the year before. More than 6,500 bicycle accidents were reported, with over 3,800 resulting in injuries. Brooklyn alone recorded 1,485 cyclist injuries in a single year. Manhattan, with its density and traffic volume, recorded 1,479 — nearly one cyclist injured every single day.


More bike infrastructure. More cyclists. More crashes.


The question isn't whether cycling in New York is dangerous. It clearly is. The question is: what happens legally when a car hits a cyclist — and what are you actually entitled to recover?


Sunlit city avenue with taxis, cyclists and pedestrians crossing between tall buildings, a busy urban rush-hour scene.

The Numbers That Tell the Real Story


Before getting into the law, the data is worth sitting with for a moment.


In 2023, cyclists accounted for 23.1% of all traffic injuries in Manhattan — nearly one in four. That's not a niche problem. That's a systemic one.


The leading causes of cyclist injuries and fatalities in New York are consistent year over year:

  • Failure to yield the right of way — the single most common cause of fatal cyclist-vehicle collisions

  • Distracted driving — phone use, GPS navigation, in-car entertainment

  • Dooring — a driver or passenger opening a car door into a cyclist's path

  • Unsafe passing — drivers overtaking cyclists with insufficient clearance

  • Running red lights and stop signs

  • Speeding in bike lanes and residential streets


What these causes have in common: they are almost always the driver's fault. And in New York, that matters enormously for how a cyclist's legal claim is evaluated.


Scenario 1: A Driver Opens Their Door Into You


You're riding in the bike lane on a busy Manhattan street. A parked driver swings their door open without checking their mirror. You hit it at full speed, go over the handlebars, and land on the pavement.


This is called a dooring incident — and it's one of the most common bicycle accident scenarios in New York City, particularly in areas where parking lanes run directly adjacent to bike lanes.


Who is liable? Under New York Vehicle and Traffic Law §1214, it is illegal to open a vehicle door on the side of moving traffic without first checking that it can be done safely. A driver who doors a cyclist has almost certainly violated this statute. That statutory violation is powerful evidence of negligence in a personal injury claim.


Potentially liable parties in a dooring case:

  • The driver who opened the door

  • The vehicle owner, if different from the driver

  • In some cases, the City of New York, if the road design placed the bike lane in a known dooring hazard zone without adequate warning


What injuries result? Dooring accidents frequently cause traumatic brain injuries, broken collarbones, wrist fractures from bracing the fall, road rash, and facial injuries. The sudden, unpredictable nature of the impact means cyclists rarely have time to brake or protect themselves.


Scenario 2: A Driver Fails to Yield at an Intersection


You have the green light. A driver turning left doesn't yield to oncoming cyclists and strikes you mid-intersection.


This is the most common cause of fatal cyclist-vehicle collisions in New York — failure to yield. And it's also one of the clearest liability scenarios a cyclist can face, because New York law is explicit: turning vehicles must yield to cyclists proceeding straight through an intersection.


Who is liable? The turning driver bears primary liability for failing to yield. If the driver was operating a rideshare vehicle, a commercial truck, or a taxi at the time of the collision, the vehicle's operator or employer may share liability depending on the circumstances.


What about traffic signals? New York law grants cyclists the same rights and responsibilities as motor vehicle operators at intersections. A cyclist who had the right of way and was struck while lawfully proceeding through a green light is in a very strong legal position. A cyclist who ran a red light faces comparative fault analysis — but under New York's pure comparative negligence rule, even a cyclist who was partially at fault can still recover compensation proportional to the driver's share of fault.


Scenario 3: A Driver Hits You From Behind


You're riding in a designated bike lane or on the shoulder of a road. A driver, distracted by their phone, rear-ends you.


Rear-end collisions involving cyclists are among the most severe bicycle accidents because of the speed differential and the complete vulnerability of the cyclist. There is no crumple zone, no airbag, no seatbelt. The cyclist absorbs the full force of the impact.


Who is liable? In New York, a rear-end collision creates a presumption of negligence on the part of the following driver. That presumption shifts the burden to the driver to explain why the collision was not their fault. In most cases involving a distracted or inattentive driver, they cannot meet that burden.


What if you were in a bike lane and the driver entered it? Drivers are prohibited from operating in designated bike lanes except to cross them when making a turn or reaching a parking space. A driver who was traveling in the bike lane when they struck a cyclist has committed a separate statutory violation that strengthens the negligence case further.


Scenario 4: You're Hit by a Rideshare Driver


You're crossing an intersection when an Uber driver, rushing to accept a pickup, runs a yellow light and strikes you.


Rideshare accidents involving cyclists are increasingly common in New York City, and they introduce a layer of insurance complexity that can affect how quickly — and how fully — a cyclist's injuries are compensated.


Who is liable? The at-fault Uber or Lyft driver bears primary liability. Whether Uber or Lyft's corporate insurance coverage applies depends on the driver's status on the app at the moment of the collision:

  • Driver logged out of the app: The driver's personal auto insurance applies

  • Driver logged in and available but without a passenger: Uber/Lyft's contingent liability coverage applies (up to $50,000 per person in New York)

  • Driver en route to a pickup or carrying a passenger: Uber/Lyft's full $1.25 million liability policy applies


Navigating which tier of coverage applies — and making sure the rideshare company doesn't try to minimize its exposure — is one of the most common and consequential issues in NYC bicycle accident claims.


Scenario 5: A Pothole or Defective Road Causes Your Crash


You're cycling at night, hit an unmarked pothole, lose control, and crash. No other vehicle is involved.


Single-vehicle bicycle accidents caused by road defects are among the most frequently overlooked personal injury claims in New York City — and among the most legally complex.


Who is liable? New York City has a legal obligation to maintain its streets and bike lanes in a reasonably safe condition. When a defective road surface — a pothole, a cracked pavement section, an uneven expansion joint, a missing manhole cover — causes a cyclist to crash, a claim against the City may be possible.


The 90-day Notice of Claim: This is the most critical and most frequently missed deadline in all of New York personal injury law. If your bicycle accident was caused by a road defect and the City of New York may be liable, you must file a formal Notice of Claim within 90 days of the accident. Missing this deadline permanently bars you from pursuing any compensation against the City, regardless of how clearly the road defect caused your crash.


If you were injured in a single-vehicle cycling accident caused by road conditions, contact an attorney immediately. Do not assume you don't have a case. And do not wait.


NYC Bicycle Accident Lawyer: What New York Law Actually Gives You


New York's No-Fault Insurance — Does It Apply to Cyclists?


Here is something that surprises many people: New York's no-fault automobile insurance system — which provides initial coverage for medical expenses and lost wages regardless of fault — can apply to injured cyclists when the accident involved a motor vehicle.


If you were struck by a car while cycling, you may be entitled to file a no-fault claim against the at-fault driver's automobile insurance policy for:

  • Medical expenses up to $50,000

  • Lost wages up to $2,000 per month for up to three years

  • Other reasonable and necessary expenses


However, no-fault coverage has caps — and it does not cover pain and suffering. To recover beyond these limits, you must meet New York's serious injury threshold: a fracture, significant disfigurement, permanent limitation of use of a body part, or a medically determined condition preventing normal activities for at least 90 of the first 180 days following the accident.


Most serious bicycle accidents — broken bones, traumatic brain injuries, spinal injuries, significant road rash requiring skin grafting — meet or exceed this threshold. When they do, a full personal injury lawsuit against the at-fault driver can be pursued alongside the no-fault claim.


Pure Comparative Negligence — You Can Still Recover Even If You Were Partly at Fault


New York follows a pure comparative negligence rule. This means that even if you were cycling without a helmet, riding outside the bike lane, or partially responsible for the accident, you can still recover compensation. Your award is simply reduced by your percentage of fault.


A cyclist found 30% at fault for an accident still recovers 70% of their total damages. This is a significantly more protective standard than most other states, which bar or dramatically limit recovery when the injured party shares fault.


What Damages Can You Recover?


If you were injured in a NYC bicycle accident due to someone else's negligence, you may be entitled to recover:

  • Medical expenses — emergency care, surgery, hospitalization, and rehabilitation

  • Future medical costs — ongoing treatment, physical therapy, and long-term care

  • Lost wages — income lost during recovery

  • Diminished earning capacity — if the injury affects your ability to work going forward

  • Pain and suffering

  • Emotional distress

  • Compensation for permanent disability, scarring, or disfigurement

  • Wrongful death damages if a loved one was killed in a cycling accident


The Five Most Important Things to Do After a NYC Bicycle Accident


  1. Call 911 and get a police report. A police report documents the facts of the accident while they are fresh. In New York, a report is required for any accident involving injury, death, or property damage over $1,000.

  2. Seek medical attention immediately — even if you feel okay. Adrenaline masks pain. Traumatic brain injuries, internal bleeding, and spinal injuries do not always present immediately. A same-day medical evaluation creates a record of your injuries and links them to the accident.

  3. Document the scene. Photograph the vehicle, the license plate, the road conditions, any skid marks, traffic signals, signage, and your bicycle and injuries before anything is moved or cleaned up.

  4. Get witness information. Names and contact details of anyone who saw what happened. Eyewitness testimony is often the deciding factor in disputed liability cases.

  5. Do not talk to the driver's insurance company before speaking with an attorney. Insurance adjusters will contact you quickly after a serious accident. You are not required to give a recorded statement. Anything you say will be used to minimize your claim. Read our post on why you shouldn't talk to the other driver's insurance company before taking that call.


How Much Time Do You Have to File?


In New York, the statute of limitations for most bicycle accident personal injury claims is three years from the date of the accident. However:

  • Claims against New York City or any government entity require a Notice of Claim within 90 days of the accident

  • Wrongful death claims carry a two-year statute of limitations from the date of death

  • No-fault insurance claims must be filed within 30 days of the accident


The 90-day municipal deadline is the most dangerous trap for cyclists injured due to road defects, malfunctioning traffic signals, or accidents involving city-owned vehicles. If there is any possibility the City is involved, treat the 90-day clock as the governing deadline — because it is.


Talk to an NYC Bicycle Accident Lawyer at Blitz Law Group — For Free


Bicycle accident cases in New York are more legally complex than they appear. Rideshare insurance tiers, municipal liability deadlines, no-fault thresholds, comparative negligence — the landscape is one that insurance companies know far better than most injured cyclists do. And they use that advantage.


At Blitz Law Group, we represent cyclists injured throughout New York City, Long Island, New Jersey, and the surrounding metro area. We handle every case on a contingency fee basis — meaning you pay nothing unless we win. Consult one of our NYC bicycle accident lawyers today.


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