A bike crash can change your life in a moment. One second you’re riding through Queens or heading down a Manhattan street, and the next you’re on the ground, hurting and unsure what comes next. The road to recovery often means dealing with pain, medical bills, and time away from work. Getting fair compensation is about having the support you need to heal and move forward.
If a careless driver hits you while cycling in New York, you have the right to take action. The Law Offices of Jason B. Kessler can guide you through your options. Speak with a White Plains bicycle accident lawyer today to learn how to seek justice and rebuild your life.
Key Takeaways: Your Rights After a Bicycle Accident in New York
- You can file a lawsuit against any driver, pedestrian, or entity whose negligence caused your bicycle accident and resulting injuries.
- New York law treats cyclists as vehicle operators with full rights to use roadways, meaning drivers must exercise reasonable care around bicycles.
- Your lawsuit can seek compensation for medical bills, lost income, pain and suffering, and property damage to your bicycle and gear.
- New York's shared fault rule means you can still recover compensation even if you share some responsibility for the accident.
- The three-year statute of limitations for personal injury claims in New York means you must act relatively quickly after your accident.
- Insurance companies often try to minimize bicycle accident claims by blaming the cyclist, making legal representation vital to protect your rights.
- Call a bicycle accident lawyer to evaluate your case and determine the best path forward for maximum compensation.
Who Bears Legal Responsibility When a Cyclist Gets Hit?
The person who hit you on your bike faces legal responsibility if their actions caused your injuries. This typically means a driver who violated traffic laws or failed to exercise reasonable care. In New York City, where cyclists share busy streets with cars, trucks, and buses, drivers have a legal duty to watch for bicycles and give them adequate space. When a driver turns right without checking their mirror and clips a cyclist, that driver bears responsibility. When someone opens a car door without looking and causes a cyclist to crash, that person can face a lawsuit.
Liability isn't always limited to drivers. Sometimes a property owner creates dangerous conditions that cause bicycle accidents. A business that allows debris to spill into a bike lane can face a lawsuit if that debris causes a crash. A municipality that fails to maintain safe road conditions might be responsible when a cyclist hits a massive pothole and goes over the handlebars.
The key is proving that someone's careless or reckless behavior caused your accident. This requires evidence. Witness statements matter tremendously in bicycle accident cases. So do photographs of the accident scene, your injuries, and your damaged bicycle. Police reports provide crucial documentation, especially when they cite the driver for a traffic violation. Medical records create a clear link between the accident and your injuries.
New York's Treatment of Cyclists Under Traffic Law
New York law treats cyclists as full road users with the same rights as drivers. Motorists must yield when necessary, maintain safe distances, and check for cyclists before turning or changing lanes. Drivers must give at least three feet of space when passing a bike. They face responsibility when they ignore these rules and cause a crash.
Your rights go beyond simply using the road. You can expect drivers to obey traffic signals, stop at stop signs, and avoid distracted or impaired driving. A driver who runs a red light in a crosswalk or drifts into a bike lane while texting has broken the law and caused harm.
Courts recognize that cyclists are vulnerable. A two-ton vehicle hitting a bicycle is never equal. Judges and juries understand this imbalance, so clear evidence of driver negligence often leads to fair and significant compensation.
Building Your Case Against the Person Who Hit You
A strong bicycle accident case depends on solid evidence, starting right after the crash, even while you are still shaken and recovering. Getting the driver’s information is essential. License plate number, insurance details, and contact information create a record that protects your rights. It is a crime if the driver leaves the scene, but you still have legal options.
Photographs capture what words might miss. The position of vehicles, skid marks, damage to your bike, and visible injuries all tell the story and can counter insurance claims that the accident was minor.
Witness statements are also crucial. Someone who saw the driver texting or running a stop sign can confirm negligence.
Medical records show a clear link between the accident and your injuries. Emergency visits and follow-ups document serious harm that requires ongoing care and support your claim for fair compensation.
What Compensation Covers After Someone Hits Your Bike
A bicycle accident lawsuit can cover how the crash has affected your life. Medical costs are a major part of your claim, including ambulance rides, surgery, therapy, and future care. If doctors determine you’ll need continued treatment, your claim also accounts for those future costs.
Lost income damages also matter. Time away from work can quickly drain your savings, and some injuries make returning to your previous job impossible. A construction worker with a head injury or a delivery rider with limited mobility deserves compensation for long-term losses.
Pain and suffering reflect what medical bills cannot show. The physical pain, fear, and emotional distress that follow an accident can affect your daily life and make it hard to get back on a bike.
Your claim can also cover damaged property, including your bicycle, helmet, or gear. You have the right to fair compensation for all these losses in New York.
Insurance Companies and Their Tactics Against Cyclists
Insurance companies often take advantage of people's biases against cyclists. They may try to shift blame, suggesting that you were riding too fast, not visible enough, or should not have been on the road. These tactics aim to limit their payments or avoid paying altogether.
One of their biggest tricks is the recorded statement. Soon after an accident, an adjuster might call, sounding friendly and concerned, asking you to explain what happened. But every word is recorded and can be twisted later to weaken your claim.
Quick settlement offers are another trap. A helpful check might come with a release that ends your right to future compensation.
A Law Offices of Jason B. Kessler bicycle accident attorney in New York protects you from these strategies. They handle all communication, review every offer, and make sure you receive fair compensation for what you have truly lost.
New York's Comparative Fault Rule and Your Bicycle Accident Claim
New York’s shared fault law allows you to seek compensation even if you were partly responsible for your bike accident. Maybe you were riding without proper lights or rolled through a stop sign before a driver turned into your path. These details might lower your recovery, but do not completely remove it.
In these cases, a jury assigns a percentage of fault to everyone involved. If you are found 20 percent at fault and the driver 80 percent, you will still receive 80 percent of your total damages. This rule recognizes that most accidents are not entirely one person’s fault.
Insurance companies often use this law to their advantage, exaggerating your share of blame to reduce payouts. A bicycle accident lawyer from the Law Offices of Jason B. Kessler in New York can challenge those claims and use solid evidence to show who was responsible for your injuries.
The Timeline for Filing Your Bicycle Accident Lawsuit
New York gives injury victims three years from their accident to file a lawsuit. This sounds like plenty of time, but it goes faster than you think. Medical treatment takes months. Gathering evidence and investigating the accident takes time. Negotiating with insurance companies can drag on. Before you know it, years have passed, and the deadline is approaching.
Waiting too long creates real problems for your case. Evidence disappears. Witnesses forget details or move away. The accident scene changes. Surveillance footage gets recorded over. Medical records become harder to obtain. Starting the legal process sooner protects your ability to build a strong case with solid evidence.
Some situations have even shorter deadlines. If a city vehicle hits you or dangerous road conditions maintained by the municipality cause your accident, you might need to file a notice of claim within 90 days. Missing this deadline can eliminate your right to compensation. This is why talking to a bicycle accident lawyer soon after your accident matters so much.
When Government Entities Share Responsibility for Your Bicycle Accident
Sometimes the person responsible for your bike accident is not just the driver. Dangerous road conditions that the city or state maintains can also play a part. A deep pothole that throws you into traffic, missing signs at an intersection, or debris left in a bike lane can all make local or state agencies legally responsible.
New York, claims against government entities follow strict rules and shorter timelines. You usually must file a notice of claim within 90 days of your accident. This step alerts the government to your injuries and allows them to respond before you file a lawsuit. Missing that deadline can take away your right to pursue compensation.
These cases need careful attention because government agencies have legal protections. Proving negligence often depends on strong evidence, including photos, prior complaints, and proof that the agency knew about the hazard.
Why Hiring a Bicycle Accident Lawyer Matters for Your Case
Handling a bicycle accident claim alone can put you at a real disadvantage. Insurance companies have teams working to protect their interests and limit what they pay. They know how to interpret evidence and use legal arguments that favor them. Facing that process without help can make a tough situation even more stressful.
A bicycle accident attorney in New York helps even the odds. The Law Offices of Jason B. Kessler know how to deal with insurers, calculate the full cost of your losses, and pursue fair compensation. Their work often involves thorough investigations, collecting footage, interviewing witnesses, and consulting professionals to show what happened.
The legal process has strict rules and deadlines, but you do not have to face it alone. We handle the filings, communication, and negotiations while you focus on healing and getting your life back on track.
Contact the Law Offices of Jason B. Kessler About Your Bicycle Accident Case
Getting hit while riding your bike creates legal rights that you must protect. The driver who hit you should be held responsible for the harm they caused.
If a bicycle accident injures you in White Plains, Queens, Manhattan, or anywhere in the New York City area, the Law Offices of Jason B. Kessler, a trusted White Plains personal injury lawyer, can outline your legal options. They will fight for the compensation you deserve. Call 914-220-1088 today for a consultation about your bicycle accident case.
FAQs About Suing After Being Hit on a Bike
Can I sue if the driver who hit me doesn't have insurance?
You can still file a lawsuit against an uninsured driver, though collecting compensation becomes more challenging. Your uninsured motorist coverage may provide compensation if the at-fault driver has no insurance.
How long do I have to decide whether to sue after my bicycle accident?
New York generally gives you three years from your accident date to file a lawsuit, though some situations involving government entities have much shorter deadlines. Starting the legal process earlier protects your rights and strengthens your case.
What if I were partially at fault for the accident?
New York's shared fault system allows you to recover compensation even if you share some responsibility for the accident. Your fault percentage reduces your compensation, but you don't lose everything.
Can I sue if I wasn't wearing a helmet when I got hit?
Not wearing a helmet doesn't prevent you from suing, though the defense might argue it contributed to your injuries. New York doesn't require adults to wear helmets, so not wearing one isn't a violation of the law.
What if the driver left the scene after hitting me?
Hit-and-run accidents don't eliminate your legal options. Your uninsured motorist coverage often applies, and police investigations sometimes identify the driver later. Report hit-and-run accidents immediately to maximize your chances of finding the responsible party.