Injured in a bicycle accident?

Bicycle Accident Lawyer & Bike Injury Attorney

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Cycling has never been more popular in New York. From the packed bridges of Manhattan to bike-friendly corridors in Rochester, Albany, and the Hudson Valley, ridership is at an all-time high. 

The growth of two-wheeled, human-powered transit brings benefits like less traffic, cleaner air, and healthier commutes, but it has also led to a sharp rise in serious bicycle crashes.

Bicyclists and drivers have long struggled to safely share New York’s streets, roads, and highways. Cyclists may have the same rights to the road as motor vehicles, but when a bike and a vehicle collide, the outcome is rarely in the rider’s favor. And despite meaningful efforts to make New York more bike-friendly, today’s cyclists face risks not only from distracted or aggressive drivers, but also from the explosion of e-bikes and e-scooters crowding the same lanes and corridors.

Whether your collision happened on a crowded New York City street or a rural state highway, with a passenger car, a municipal truck, or an electric delivery bike, New York law gives cyclists access to no-fault benefits and the ability to pursue a claim against a negligent driver. 

Understanding your rights as both a cyclist and a New Yorker can make all the difference in your recovery—and make your claim as painless as possible. 

New York Bicycle Accident Trends

New York is experiencing a statewide cycling boom. New York City Department of Transportation (NYC DOT) screenline counts show bicycle use at record highs, and cities like Buffalo, Rochester, Albany, and Syracuse are also reporting significant increases as they expand bike lanes and invest in safer corridors.

More riders, however, means more crash exposure. The growth in cycling has outpaced the growth in safety infrastructure, leading to more collisions involving bicycles, cars, commercial vehicles, and increasingly, e-bikes and e-scooters.

Cyclist Surge Drives Bike Accident Increase

According to the NYC DOT, annual bicycle counts at key Manhattan bridge and screenline locations increased from 31,979 riders in 2018 to 43,887 in 2024—a 37% jump in just six years

As ridership has grown, crash exposure has grown with it. More people on bikes, more trips, and more interaction with motor vehicles inevitably lead to more opportunities for serious collisions, even as New York expands protected bike lanes, lowers speed limits, redesigns dangerous intersections, and commits to Vision Zero and similar efforts to make cycling safer across the state.

Citywide Trends: More Riders, Persistent Crash Risk

NYC DOT’s Bicycle Crash Data Report 2024 shows:

  • 50,593 injuries and 222 fatalities citywide from crashes involving at least one motor vehicle.
  • Traditional bicycle + motor vehicle crashes: 3,628 injuries and 6 fatalities.
  • Traditional bicycle crashes not involving motor vehicles: 833 injuries and 0 fatalities.

While DOT’s Cycling Risk Indicator shows a decline in risk per rider over time, the total number of injured cyclists remains high because cycling volume continues to grow.

Statewide Trends: High Volumes Downstate, High Severity Upstate

According to the Governor’s Traffic Safety Committee and the New York State DOT:

  • 7,523 bicycle crashes occurred statewide in 2022, resulting in 50 bicyclist fatalities.
  • Rural and suburban areas see fewer crashes but far more severe injuries, often due to higher vehicle speeds and limited shoulders.

A Changing Mix of Road Users

In recent years, cycling in New York has not only increased in volume but also diversified in its modes and participants. The 2024 NYC DOT report describes crashes involving:

  • Traditional bicycles (pedal-powered)
  • Motorized two-wheelers (e-bikes, mopeds, stand-up scooters)

This changed transportation mix increases speed differentials, creates congestion in bike lanes, and raises both the frequency and severity of collisions.

  • Motorized two-wheelers typically travel at higher speeds, increasing crash severity.
  • Delivery-driven models using e-bikes or mopeds mean riders log longer hours, often in congested zones with mixed traffic.
  • Infrastructure (bike lanes, signal timing) originally designed for slower pedal bicycles may not fully account for the speed and behavior differences of motorized two-wheelers.
  • Collision dynamics change. For example, when a delivery e-bike collides with a car in a curb-lane or bike-lane scenario, fault analysis and insurance issues can differ materially.

The rise of motorized two-wheelers alongside traditional cycling adds a new dimension to bicycle crash risk in New York. Even though they’re often touted as a “greener” transport solution, they’re making many New Yorkers see red and triggering a backlash, with a May 2024 New York Times Headline asking, “Have E-Bikes Made New York City a ‘Nightmare’?”

How New York Law Treats Bicycle Accidents (and What It Means for Your Claim)

Cyclists share the road with cars, trucks, municipal vehicles, and now, a growing fleet of motorized two-wheelers. When a crash happens, New York laws determine who pays for your medical care, when you can pursue compensation, and how fault is evaluated. 

No-Fault (PIP) Benefits Apply to Cyclists Hit by Motor Vehicles

Under New York’s no-fault laws:

  • Cyclists are treated like pedestrians for insurance purposes.
  • If a motor vehicle hits you, the vehicle’s insurance pays:
    • Medical bills
    • Lost wages
    • Other economic losses (up to $50,000 combined)
  • You do not need your own auto policy to qualify for PIP benefits. 
  • Claims typically must be filed within 30 days.

Importantly, no-fault covers your immediate expenses but not your pain and suffering.

When You Can Seek Pain and Suffering for NY Cycling Accident Injuries

To pursue compensation beyond no-fault—such as pain and suffering or long-term disability—you must meet New York’s “serious injury” threshold under Insurance Law §5102(d). Cyclists often meet this standard because crashes frequently involve:

  • Fractures
  • Significant scarring or disfigurement
  • Permanent loss of use of a body part
  • Long-lasting impairment that impacts daily activities
  • 90/180 rule limitations (non-permanent but activity-limiting injuries)

Meeting this threshold allows you to seek compensation beyond what no-fault provides.

Cyclists Have the Same Rights to the Road as Drivers

Under Vehicle & Traffic Law §1231, bicycles are fully recognized as vehicles. Drivers must:

  • Yield the right of way when required
  • Pass cyclists safely
  • Avoid crowding or squeezing cyclists
  • Avoid blocking, standing in, or drifting into bike lanes
  • Respect a cyclist’s right to take the full lane when necessary for safety

Violations of these duties strengthen a cyclist’s negligence claim.

Safe Passing, Turning, and Dooring Laws 

New York requires drivers to:

  • Pass cyclists at a safe distance (widely interpreted as at least three feet)
  • Check mirrors and blind spots before opening a door into traffic
  • Yield to cyclists when turning across a bike lane
  • Avoid stopping in bike lanes unless legally permitted

Dooring is a statewide problem—wherever there is on-street parking, bike crashes occur.

Comparative Negligence: You Can Recover Even If You Were Partly at Fault

New York uses pure comparative negligence. You may still recover compensation even if you were:

  • Not wearing a helmet (not required for adults)
  • Outside the bike lane
  • Riding at night
  • Partially responsible for the collision

Your recovery is reduced by your percentage of fault—not eliminated.

E-Bike, Delivery Rider, and Motorized Two-Wheeler Complications

Crashes involving motorized two-wheelers raise additional questions:

  • Does no-fault apply?
  • Is the rider insured through an employer?
  • Is the device legally a “motor vehicle”?
  • Which insurance policy is responsible?

These cases require careful legal analysis since insurance coverage varies widely.

Road Defects and Construction Hazards: Municipal Claims and Strict Deadlines

You may have a claim against a government entity (e.g., city, county, or the State of New York) if your crash was caused by:

  • A pothole
  • Uneven pavement
  • A defective grate
  • Poor signage
  • A badly marked work zone
  • A city, county, or state vehicle

These cases typically require a Notice of Claim within 90 days of the crash. Missing this deadline can prevent you from pursuing compensation.

Crashes Involving Commercial and Government Vehicles

Your case may involve multiple defendants, higher insurance limits, and additional legal requirements if you were struck by a:

  • Delivery truck
  • Rideshare driver
  • Construction vehicle
  • City bus or sanitation truck
  • Municipal or state vehicle

These cases may require a deeper investigation into GPS logs, company policies, vehicle maintenance records, or municipal procedures.

Hit-and-Run Bicycle Accidents

Hit-and-run crashes are common in urban, suburban, and rural areas across New York. If the driver flees:

  • Your Uninsured Motorist (UM) coverage can cover pain and suffering.
  • No-fault (PIP) may still apply through a household auto policy.
  • If no household vehicle exists, you may qualify for coverage through MVAIC, which provides benefits to victims of uninsured or unidentified drivers.
  • Strict notice deadlines apply.

Hit-and-run cases often turn on early investigation, video footage, witness statements, and prompt legal action to preserve available evidence.

What To Do After a Bicycle Accident in New York

A bicycle crash leaves you with little time to think. In the chaotic moments afterward, a few steps can protect both your health and your legal rights:

  • Call 911 and get a police report. This documents the driver, vehicle, injuries, and key crash details.
  • Photograph the scene. Capture vehicle positions, your bike, road defects, traffic signals, debris, and your injuries.
  • Get witness information. Independent witnesses can make or break a liability dispute.
  • Preserve your bike and gear. Do not repair or discard anything—damage patterns are evidence.
  • Seek medical attention immediately. Many injuries don’t appear right away; early treatment strengthens your claim.
  • Notify the correct no-fault carrier. The vehicle that struck you provides PIP benefits. Deadlines are short.
  • Act quickly in government-related cases. Road-defect and municipal-vehicle claims require a Notice of Claim within 90 days.
  • Contact an attorney early. Video footage from businesses and traffic cameras may be overwritten within days.

Compensation Available After a Bicycle Accident in New York

Cyclists are uniquely exposed in crashes, and New York law allows you to recover compensation for losses that are especially common in bicycle accidents, including:

    • Medical care for fractures, concussions, dental injuries, and road rash
    • Lost income if injuries affect your ability to work or commute
    • Replacement of your bike and gear, including high-value or customized equipment
    • Pain and suffering, including loss of mobility and loss of the ability to ride or exercise
  • Permanent scarring or long-term disability

We’re Here to Help You Get Back in the (Bike) Saddle

Bicycling boosts physical and mental health and connects you more deeply to your community. Yet the risks of riding a bike can almost feel punitive at times as cars, trucks, and e-bikes whiz by, putting you in harm’s way. 

Technology has made riding safer through innovations such as advanced helmets, smart bike accessories, and connected systems. At Pain Injury Law, technology has also made the injury claims process simpler and more streamlined, allowing you to handle most of your claim right from your device. 

Were you hit on your bike? Did a near miss or road defect cause you to crash? Let us know how you were hurt, and we’ll let you know how we can help. 

3 Easy Steps

How Our Process Works

1
Start Your Claim

Answer a few simple questions to get started.

2
We Get to Work

We assign a customized care team consisting of a lawyer, paralegal, and case manager to your claim. 

3
Stay Informed

Check in at your convenience to see how your case is going. Message your care team and upload documents right from your phone or choose another way to reach out and receive updates.

Our Team

Our community is the driving force behind Pain Injury Law. For decades, our attorneys and affiliates have served as a lifeline to injured New Yorkers struggling to overcome the physical, financial, and emotional hardships that come with getting hurt. Meet the Client Care Team doing the actual work on your case. 

Explore More: Bicycle Accident

It’s free,
If we don’t win.

All of the emails, paperwork, meetings, calls, court appearances… it’s all free unless we win your injury case.

It’s free,
If we don’t win.

All of the emails, paperwork, meetings, calls, court appearances… it’s all free unless we win your injury case.

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