Your Legal Options After a Bike Accident in New York
Cycling in New York City can be thrilling and practical, but it’s not without risks. Each year, thousands of cyclists are injured in collisions with vehicles, pedestrians, or even due to poorly maintained roads. If you’ve been involved in a bike accident in New York, understanding your legal options is crucial to securing compensation and protecting your rights.
- Seek Medical Attention First
Before diving into legal considerations, your health is the top priority. Always seek immediate medical care—even if you feel fine. Some injuries, like concussions or internal trauma, can take hours or even days to appear. Medical records also serve as critical evidence in your injury claim.
- Report the Accident
Under New York law, you’re required to report any accident involving injury or more than $1,000 in property damage. Call 911 at the scene and wait for the police to arrive. Be sure to obtain a copy of the accident report, which will be essential if you pursue a legal claim.
- New York Is a No-Fault State—But It’s Complicated
New York follows a no-fault insurance system, meaning the driver’s insurance will cover your basic medical expenses and lost wages—regardless of who caused the accident. This coverage typically comes from the vehicle driver’s Personal Injury Protection (PIP) insurance.
However, no-fault benefits are limited. If you suffer what New York law defines as a “serious injury”—such as broken bones, significant disfigurement, or long-term disability—you may be eligible to step outside the no-fault system and file a personal injury lawsuit.
- Filing a Personal Injury Lawsuit
If your injuries meet the “serious injury” threshold, you can file a lawsuit against the at-fault driver. In this case, you can pursue full compensation, including:
- Medical expenses (past and future)
- Lost wages and reduced earning capacity
- Pain and suffering
- Emotional distress
- Property damage (bike repair or replacement)
To win a lawsuit, you must prove negligence, meaning the driver (or another party) failed to act with reasonable care. Examples include distracted driving, failure to yield, or speeding.
- Other Liable Parties
While motor vehicle drivers are the most common defendants, others could be held responsible depending on the circumstances:
- The City of New York – if your accident involved poor road conditions, unmarked hazards, or defective bike lanes.
- Bicycle or Parts Manufacturer – if a mechanical failure contributed to the accident.
- Another Cyclist or Pedestrian – if their negligence led to the crash.
Identifying all liable parties increases your chances of receiving full compensation.
- Evidence You Should Gather
To support your claim, gather as much evidence as possible:
- Photos of the accident scene and your injuries
- Contact information of witnesses
- Surveillance or dashcam footage, if available
- Copies of medical records and police reports
A New York bicycle injury lawyer can help collect, organize, and present this evidence effectively.
- Statute of Limitations in New York
In New York, you generally have three years from the date of the bike accident to file a personal injury lawsuit. However, claims against the city or state agencies must be filed within 90 days of the accident. Missing these deadlines can bar you from seeking compensation entirely.
- Consult a Bicycle Injury Attorney
Bike accident claims can be legally complex, especially when dealing with no-fault insurance, serious injury thresholds, and municipal liability. An experienced New York bicycle accident lawyer will:
- Investigate the accident thoroughly
- Determine all sources of liability
- Handle insurance communications
- Fight for maximum compensation on your behalf
Final Thoughts
A bike accident in New York can leave you physically, emotionally, and financially drained. Knowing your legal options is the first step toward recovery. Whether it’s filing a no-fault claim, suing a negligent driver, or taking action against the city, consulting an experienced personal injury attorney can make all the difference in your case.
Injured in a NYC Bicycle Accident?
Our experienced New York bicycle accident attorneys are here to help. Call the Personal Injury Law Firm of Figeroux & Associates at 855-768-8845 to schedule a consultation today to discuss your rights and get the compensation you deserve.
Leave a Reply
Want to join the discussion?Feel free to contribute!