What are my rights if I am injured in a bicycle accident in New York?

Bicycle accidents in New York City and across the state can be devastating — cyclists have almost no protection from multi-ton vehicles. New York law provides important rights, but you need to act quickly to preserve them.

No-Fault Coverage for Cyclists

If a motor vehicle caused your bicycle accident, you are entitled to no-fault benefits from the motor vehicle's insurance under Insurance Law §5102. This covers medical bills and a portion of lost wages up to $50,000, regardless of fault. Unlike car accident victims, cyclists are not required to have their own no-fault policy — they claim against the vehicle's PIP coverage.

File the no-fault application within 30 days of the accident.

Serious Injury Threshold

To sue the driver for pain and suffering, your injuries must meet the serious injury threshold under Insurance Law §5102(d). Fractures (very common in bicycle accidents), permanent limitation of motion, and significant disfigurement all qualify.

Comparative Negligence

New York's pure comparative negligence rule under CPLR §1411 means even if you rode through a red light or lacked lights at night, you can still recover — your award is just reduced by your percentage of fault. Do not assume you cannot bring a claim just because you were not perfect.

Premises and Road Defect Claims

If your accident was caused by a pothole, defective bike lane, or poorly maintained road, you may have a claim against the city. A Notice of Claim within 90 days under General Municipal Law §50-e is required. Three-year deadline under CPLR 214. No fee unless we win.