New York Bicycle Accident Attorney | The Law Offices of Michael S. Lamonsoff

The Impact of Citi Bike and New Legislation

Bicycles have always been one of the most popular forms of transportation in New York. Many people in New York City own bicycles and have used them as an alternative mode of transportation. In addition, with the advent and introduction of “Citi Bike” in 2013, bicycles are available everywhere.

In addition, on October 30th, 2019, the NYC Council introduced legislation (Int 1557-2019) that would significantly improve bike infrastructure throughout the city. One way it is seeking to do that is through the installation of at least 250 miles of protected bike lanes, which will be completed by 2026. All of these efforts are being made in order to lessen the ever – growing vehicular traffic. They also have opened or franchised the openings of hundreds of new bicycle rest stops. As a result, using bicycles as an alternative mode of transportation has skyrocketed.

Increase in Serious Injuries Among Cyclists

In 2023, New York City experienced the largest number of fatalities involving cyclists since 1999, according to new data from the city’s Department of Transportation. Most of the 30 cyclists who died in 2023 were riding electric bikes, which have proliferated on city streets in recent years. A total of 23 people died riding e-bikes, which is more than double the previous record for e-bike fatalities.

Serious injuries among cyclists also went up last year, according to preliminary data compiled by the Department of Transportation. In all, 395 cyclists were severely injured, including 79 who were riding e-bikes. Roughly a 15% increase of serious injuries more than the previous year.

Dangers of Bicycle Riding versus Motor Vehicles

Making matters worse, bicyclists are not as protected by thousands of pounds of metal and steel surrounding them as they would be in a motor vehicle or truck. Accordingly, the chance that they will be seriously injured if involved in a bicycle accident with a truck, car or any motor vehicle is vastly increased. Compounding all of this, is that people riding bicycles must navigate around the increased number of scooters and pedestrians in the bicycle lane and on the streets, making the possibility of collision with a car truck or motor vehicle far more likely than before.

Whether you have been in a collision accident involving take out/delivery persons on bikes, commercial trucks, SUVs or cars. It is essential to act quickly and consult with an experienced bicycle accident attorney in New York.

Cycling accidents are much more often in urban areas like NYC due to the heavier traffic and bigger crowds. As the statistics show, motor vehicle accidents cause 90% of bike accident deaths. The reason is obvious: vehicles are larger and heavier than bicycles, and cyclists do not have as much protection as someone inside the car.

What are common causes of bicycle accidents?

Some of the most common causes of bicycle collisions with a motor vehicle include situations where:

a motor vehicle cuts off a bicycle when entering the roadway
a motor vehicle makes a right turn and cuts off someone cycling in the bike lane
a motor vehicle rear ending a bike
a biker of a parker vehicle opening the door in the path of the cyclist
a motorist or a bike rider running a stoplight or stop sign

As surprising as it might sound, most bicycle accidents do not actually involve motor vehicles. Accidents involving cars constitute only around 30% of all bicycle injuries. The other 70% are usually caused by other issues and can also result in successful lawsuits. These are usually caused by:

A cyclist falling off the bike due to a poorly maintained roadway
The bicycle being defective, damaged or poorly repaired
A cyclist colliding with a pedestrian or another cyclist
A cyclist colliding with an object such as debris in the road
A cyclist falling off due to an animal attack

I was involved in a cycling accident that resulted in a truck crushing my leg. Having never been in this type of situation before and not knowing of any type of recourse, I was referred to Law offices of Michael S. Lamonsoff.

In Michael and his team I found a group of highly experienced professionals who have a deep ethic of wanting to help victims. They educated me, fought for me and thoughtfully guided me through this difficult time. I highly recommend their services.

Paola

Bicycle Safety Laws in New York

New York State has established a set of laws and regulations designed to ensure the safety of both motorists and bicyclists. These laws aim to promote safe interactions between different types of road users and reduce the risk of accidents.

Bicycle Lane Usage

Laws for Bicyclists: Bicyclists are required to use bike lanes when available. With that said, they are permitted to leave the bike lane when necessary to avoid hazards or when making turns. New York City law mandates that cyclists use designated bike lanes whenever possible.
Laws for Motorists: Motorists must not park or stop in designated bike lanes unless they are actively engaged in picking up or dropping off passengers or if otherwise permitted by law.

Safe Passing Distance

Laws for Motorists: Motorists must maintain a safe distance when passing bicyclists. In New York, the law requires drivers to provide a minimum distance of 3 feet between their vehicle and a bicyclist when passing.
Laws for Bicyclists: Bicyclists should ride as close to the right-hand side of the roadway as is safely possible, except when overtaking another vehicle or when avoiding obstacles.

Bike Lights and Reflectors

Laws for Bicyclists: Cyclists are required to have front white lights and rear red reflectors or lights when riding at night or in low-light conditions. These safety measures are crucial for visibility and preventing accidents.
Laws for Motorists: Motorists should be vigilant and cautious when approaching cyclists at night or in low-visibility conditions, ensuring they give ample space and take extra care.

Right of Way

Laws for Bicyclists: Bicyclists must yield to pedestrians at crosswalks. When making turns, they must follow the same rules as motor vehicles, yielding to traffic and pedestrians as appropriate.
Laws for Motorists: Motorists must yield the right of way to bicyclists when they are traveling straight through an intersection or when turning right. They must also be aware of and respect bicyclists’ presence at crosswalks and intersections.

Riding on Sidewalks

Laws for Bicyclists: In New York City, bicyclists are generally prohibited from riding on sidewalks unless they are under 12 years old or unless specifically permitted by local laws.
Laws for Motorists: Motorists should be cautious at intersections and driveways where bicyclists may be crossing from sidewalks.

Signaling Turns

Laws for Bicyclists: Cyclists must signal their turns using hand signals to alert motorists and other road users of their intentions.
Laws for Motorists: Motorists should be observant of bicyclists’ hand signals and adjust their driving accordingly to avoid collisions.

Proper Bike Maintenance

Laws for Bicyclists: While not a legal requirement, it is advisable for cyclists to maintain their bikes in good working order, including brakes, lights, and reflectors, to ensure their safety and compliance with the law.

Use of Helmets

Laws for Bicyclists: New York State law mandates that all cyclists under the age of 14 wear a helmet. Helmet use is generally recommended for all riders, regardless of age, for safety purposes.

Types of Injuries Bicyclists in New York May Suffer in Accidents

Bicycle accidents can result in a range of injuries, varying from minor to severe, depending on factors such as the speed of impact, the nature of the accident, and the protective gear worn.

Head Injuries

Concussions: These occur when the brain is jolted against the skull due to a sudden impact, leading to symptoms such as headaches, confusion, and nausea. Even with a helmet, concussions are a serious risk.
Traumatic Brain Injuries (TBI): More severe than concussions, TBIs can result from significant impacts and can lead to long-term cognitive and physical impairments.

Spinal Injuries

Herniated Discs: The force of a collision can cause discs in the spine to herniate, pressing on nerves and causing pain, numbness, and weakness in the extremities.
Spinal Cord Injuries: Severe accidents can lead to damage of the spinal cord, potentially resulting in partial or complete paralysis.

Fractures

Broken Bones: Common in bicycle accidents, especially in the arms, legs, and ribs. The impact can cause bones to break or shatter, often requiring surgery and physical therapy for recovery.
Collarbone Fractures: Due to the position of the collarbone and the common nature of falls, fractures in this area are frequent and painful.

Internal Injuries

Organ Damage: Blunt force trauma from a collision can injure internal organs such as the liver, spleen, or kidneys, leading to internal bleeding and requiring emergency medical intervention.
Abdominal Injuries: These may include tears or ruptures of the intestines or stomach, often necessitating surgical repair.

Facial Injuries

Lacerations and Fractures: Injuries to the face, including cuts, bruises, and fractures to the facial bones, can occur, particularly if the cyclist does not wear a full-face helmet.
Dental Injuries: Impact on the face can also result in broken or knocked-out teeth.

Joint Injuries

Shoulder Dislocations: The shoulder can be dislocated from its socket due to falls or impacts, leading to severe pain and the need for medical realignment.
Knee Injuries: These may include ligament tears, such as ACL or MCL injuries, which can be debilitating and require long-term rehabilitation.

Hand and Wrist Injuries

Fractured Hands and Wrists: Cyclists often extend their hands to break a fall, which can lead to fractures or sprains in these areas.
Tendon Injuries: Overuse or impact injuries can damage tendons in the hands or wrists, affecting hand function and strength.

Soft Tissue Injuries

Road Rash: This occurs when a cyclist slides along the pavement, causing abrasion injuries to the skin, which can be painful and prone to infection.
Muscle Strains and Sprains: The sudden impact or awkward falls can lead to strains or sprains in various muscle groups, causing pain and limiting mobility.

Psychological Trauma

Post-Traumatic Stress Disorder (PTSD): Serious accidents can lead to psychological trauma, including PTSD, affecting the victim's mental health and quality of life.
Anxiety and Depression: The impact of a severe accident can also contribute to long-term anxiety and depression.

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Who can be held liable?

Liability for a bicycle accident injury depends on the accident cause and who was at fault. If the driver of the vehicle caused the accident, the cyclist may file a claim against the driver or the driver’s auto insurance. If the road was in poor condition or the cyclist fell and got injured because of debris, the cyclist may file a claim against the government agencies responsible for designing or maintaining the road. If the bicycle was poorly designed, or repaired, the cyclist can file claim against the manufacturer or the person responsible for the repair. And if another cyclist or pedestrian caused the accident- the cyclist can file a claim against the individual responsible.

The types of damages an injured cyclist may receive are the following:

economic damages which include quantifiable losses such as medical bills and damaged property
non-economic damages which include pain and suffering and quality life issues, and
punitive damages which could be awarded if the court decides to award these.

Ultimately, the types of damages you may collect will depend largely on the nature of your case and the quality of your representation.

Who pays to fix or replace my bicycle (property damage)?

In addition to representing you for your injuries in your bicycle crash, if your bike has been damaged, the bicycle accident lawyers at our firm will assist you free of charge in recovering money for the repair or replacement of your bike.

This is a service we perform on behalf of all of our clients and will not be included in our contingency fee.

What you should do following a bicycle accident:

Seek medical attention

Your first priority should be to seek prompt medical attention following a bicycle accident. This is necessary for your continuing safety and well-being. In addition, it provides documentation that will detail the extent of your injuries. Some injuries may be plainly apparent for all to see, but some injuries may only be noticed by the careful eye of a trained professional. This documentation is extremely beneficial when litigating and determining the amount of your compensation.

Get an accident report

An accident report will provide a record of the facts surrounding your bicycle accident. This report will also include the names and contact information of people involved in the incident.

The accident report is useful in referring to accidents that occurred so long ago that memories have faded. The report will also serve as an official record that can be referred to in the case of disputes between you and other parties.

Get a police report

When the police arrive, politely insist that a report be made. Do not allow the police to convince you that you can file a report at a later date. This police report will protect your rights and may be necessary to help ensure your compensation for the accident.

Consult an attorney

Our experienced accident lawyers will obtain the police reports immediately to determine the allegations of fault. Additionally, we will take the statements of witnesses quickly before their memories and sympathy fade as time passes.

Pictures of the accident scene will be taken along with those of the damaged vehicle. Accident reconstruction experts may need to be retained as well.

The prevailing statutes and laws regarding the particular jurisdiction of the accident site (i.e. speed limits) must be ascertained. Insurance company information must be immediately obtained. We will place the defendants and their insurance companies on notice of our representation of you so that they will not attempt to contact you.

Statute of Limitations for Bicycle Accident Claims in New York

The statute of limitations is a legal timeframe within which a plaintiff must file a lawsuit after an accident or injury. For bicycle accident claims in New York, the statute of limitations is a key aspect to consider, as it determines how long you have to initiate legal action to seek compensation.

Personal Injury Claims

For most personal injury claims arising from bicycle accidents, including those involving negligence or liability of other drivers, property owners, or entities, the statute of limitations in New York is three years from the date of the accident or injury. This is outlined under New York Civil Practice Law and Rules (CPLR) § 214.

Claims Against Municipalities

If the bicycle accident involves a claim against a municipal entity, such as a city-owned vehicle or a hazardous condition on city property, a shorter time limit applies. Specifically, you must file a notice of claim within 90 days of the accident, and the lawsuit must be filed within one year and 90 days from the date of the accident. This is governed by New York General Municipal Law (GML) § 50-e and § 50-i.

Tolling of the Statute of Limitations

Certain circumstances may toll (pause) the statute of limitations, extending the time period in which you can file a claim. These circumstances include:

Minor Plaintiffs: If the injured party is a minor, the statute of limitations is extended until they reach the age of 18. This is outlined under CPLR § 208.
Incapacitation: If the plaintiff is mentally incapacitated at the time of the accident, the statute of limitations is tolled until they are no longer incapacitated.

Importance of Adhering to the Statute of Limitations

Failing to file your claim within the applicable statute of limitations period can result in losing your right to seek compensation. It’s essential to act promptly to preserve your legal rights and gather necessary evidence for your case. Our New York City bicycle accident attorneys at the Law Offices of Michael S. Lamonsoff can help ensure that your claim is filed within the appropriate timeframe and that all procedural requirements are met.

Ask our clients about our results in New York bicycle accident cases

"I was riding my bicycle and was cut off by a woman in a car. She hit me and I went flying over the car and broke my femur. I went to emergency surgery and it required a steel rod implant and screws and pins. Originally I had an attorney who was recommended by a friend of my fathers and they handled the case very poorly. I was very unhappy.

"I found Michael Lamonsoff through my aunt. She had great success with him and recommended I go see him immediately. As soon as I called they set me up with an appointment and paid for me to come in to see Michael. He met with me personally which I really appreciated it.

"Everyone in the office conducts themselves professionally. They accommodated me and made sure I knew what to expect every step of the way. I felt very well taken care of which is what I was looking for in an attorney.

"I was told that my case could take three years to close but Michael got it done in 6 months and I couldn't be happier. Michael is an excellent attorney and I will always use him."

Paul

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Contact an experienced bicycle accident attorney today

At the Law Offices of Michael S. Lamonsoff PLLC, we have a proven track record of success handling bicycle accident claims in New York.

Whether your bicycle accident was caused by a vehicle, road maintenance issues, or another cyclist/pedestrian, MSL will fight for your rights and represent your best interests, so you can concentrate on your recovery.

Contact Us for Help with Bicycle Accident Claim

If you or someone that you love has been injured in an accident, the NYC personal injury attorneys at The Law Offices of Michael S. Lamonsoff, PLLC, are skilled in all of the issues and nuances that have arisen in these types of cases. We will immediately move to preserve and protect your rights to compensation. Contact the attorneys at the Law Offices of Michael S. Lamonsoff, PLLC, to find out what your rights are, and let us take the necessary action on your behalf. We litigate every case aggressively so that you can concentrate on recovery.

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Prior results do not guarantee a similar outcome. The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship.

Bicycle Accident FAQ

What types of damages can I claim in a bicycle accident lawsuit?

Victims of bicycle accidents in New York can seek various types of damages, including:

Medical Expenses: Costs for hospital visits, surgeries, medications, and rehabilitation.

Lost Wages: Compensation for income lost due to the inability to work.

Pain and Suffering: Compensation for physical pain and emotional distress.

Future Damages: Compensation for ongoing medical treatments and loss of earning capacity if applicable.

Who can be held liable in a bicycle accident case?

Liability in a bicycle accident case can be assigned to various parties depending on the circumstances, including:

Motorists: If a driver was negligent or violated traffic laws.

Government Entities: If poor road conditions or defective signage contributed to the accident.

Property Owners: If hazardous conditions on private property caused the accident.

Bike Manufacturers: If a defect in the bicycle or its parts contributed to the accident.

How does New York's comparative negligence rule affect my claim?

New York follows a comparative negligence rule, meaning that if you are found partially at fault for the accident, your damages may be reduced proportionately.

Do I need to file a police report after a bicycle accident?

While it is not always legally required, filing a police report is highly recommended. It provides an official account of the accident, which can be crucial for your insurance claim and legal case. Ensure you get a copy of the report for your records and to support your claim.

How can I prove fault in a bicycle accident case?

To prove fault, you must establish that another party was negligent and that their negligence directly caused the accident. This involves showing evidence of:

Duty of Care: The responsible party owed you a duty to act safely.

Breach of Duty: The party failed to meet this duty (e.g., speeding, running a red light).

Causation: The breach directly caused the accident.

Damages: You suffered injuries or losses as a result.

What should I do if I am offered a settlement by an insurance company?

Before accepting any settlement offer, consult with our NYC bicycle accident lawyers. Insurance companies often offer settlements that are lower than what you might be entitled to. Our lawyers can help you assess whether the offer is fair and advise you on whether to accept or negotiate for a higher amount.

Can I still file a claim if I wasn't wearing a helmet during the accident?

Yes, you can still file a claim even if you were not wearing a helmet. While not wearing a helmet might affect the extent of your injuries or the amount of damages you receive, it does not necessarily bar you from recovering compensation. New York law does not require adults to wear helmets, although doing so is recommended for safety.

What if the driver who caused my accident was uninsured?

If the driver who caused your bicycle accident was uninsured, you may still be able to recover compensation through your own uninsured motorist coverage, if you have it. Our bike accident attorneys in New York City can help you explore all available options.

Can I pursue a bicycle accident claim if I was riding on the sidewalk?

In New York, riding on the sidewalk is generally not allowed for adults, but exceptions exist in certain circumstances or locations. If you were riding on the sidewalk and were involved in an accident, liability will be assessed based on the specific facts of the case.

How does New York’s no-fault insurance law apply to bicycle accidents?

New York’s no-fault insurance law applies primarily to motor vehicle accidents, not bicycle accidents. This means that your own auto insurance or health insurance may cover some medical expenses, but it does not provide coverage for injuries sustained while riding a bicycle. For full compensation, you would need to pursue a personal injury claim against the at-fault party.

Can I file a claim if the bicycle accident occurred on a poorly maintained road?

Yes, if the accident occurred due to poor road conditions, you may have a claim against the municipal or state agency responsible for maintaining the road. It is essential to gather evidence such as photographs and maintenance records to establish that the road conditions contributed to the accident.

What should I do immediately after a bicycle accident to protect my claim?

After a bicycle accident, you should:

Seek medical attention for injuries.

Report the accident to the police and obtain a report.

Collect contact information from witnesses and the driver involved.

Document the scene with photos and notes.

Avoid admitting fault or making recorded statements to insurance companies without legal advice.

Contact our NYC bicycle accident lawyers at the Law Offices of Michael S. Lamonsoff for strong legal representation.

What evidence is needed to prove a driver’s negligence in a bicycle accident case?

To prove negligence, you need evidence showing that the driver failed to exercise reasonable care. This may include:

Police report

Traffic violation records or citations

Witness statements or testimony

Video footage from traffic cameras or surveillance

Expert opinions on driver behavior and accident reconstruction