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Bicycle Accidents

A Bicycle Accident in New York Can Leave You Without Income or Coverage

New York's no-fault system covers cyclists struck by motor vehicles, but you have 30 days to file your claim or lose access to lost wages and medical benefits. Beyond no-fault, you have three years under CPLR § 214 to pursue a personal injury claim, but evidence disappears quickly. Understanding which deadlines apply to your situation determines what recovery is available to you.

What New York Law Says About Bicycle Accident Claims

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Under VTL § 1234, cyclists have the same rights and responsibilities on New York roads as motor vehicle drivers, which means the same legal protections apply when a driver causes a crash. If a car strikes you, you are covered under the at-fault driver's no-fault insurance policy, but you must file a no-fault claim within 30 days of the accident or risk losing coverage for medical expenses and lost wages. To pursue a personal injury lawsuit beyond no-fault benefits, your injuries must meet the serious injury threshold defined under Insurance Law § 5102(d), which includes significant disfigurement, fracture, or substantial limitation of a body function. New York follows a comparative negligence rule, meaning your recovery is reduced by your share of fault, but it is not eliminated entirely. The statute of limitations for a bicycle accident personal injury claim is three years under CPLR § 214, though acting promptly preserves evidence and strengthens your case.

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Common Causes of Bicycle Accidents in New York

Bicycle accidents in New York rarely happen without a specific, identifiable cause. Understanding what led to your crash is the first step toward establishing liability.

COMMON CAUSES AND TYPES:

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What To Do After a Bicycle Accident in New York

The steps you take in the hours and days after a crash directly affect your ability to recover compensation. New York's no-fault deadline is 30 days.

FOUR STEPS TO PROTECT YOUR CLAIM:

Call 911 and Get a Police Report
INSERT description e.g. Your health is the most important thing. Even if you don’t feel hurt, it’s a good idea to see a doctor because some injuries might not show symptoms right away.
Seek Medical Attention the Same Day
INSERT description e.g. You need to seek legal advice for your personal injury lawsuit as soon as possible. Time is of the essence if temporary factors like road conditions played a role in your accident.
Document the Scene and Preserve Evidence
INSERT description e.g. Report the accident to the police. Don’t assume that a bystander called the police. If you’re unable to call for yourself, ask someone to call on your behalf.
Consult an Attorney Before Speaking to Insurers
INSERT description e.g. If you can, collect information from the accident scene. If you’re too injured to do so, don’t delay medical treatment in an attempt to gather evidence. Leave the accident reconstruction up to your seasoned legal team.

New York's statute of limitations gives you three years from the date of your bicycle accident to file a personal injury claim under CPLR § 214. If the at-fault driver's insurer is involved, the no-fault deadline is 30 days from the accident. Missing either window can bar your recovery entirely.

How We Prepare Bicycle Accident Cases

Many members of the Schwartzapfel Holbrook team have worked on the defense side, which means we know how carriers evaluate bicycle accident claims and where they look for reasons to reduce or deny them. We investigate the scene, gather surveillance footage, obtain maintenance records for the roadway or bike lane, and document the full extent of your injuries before any settlement discussion begins. We are selective about the cases we accept across New York City and Long Island, and when we take yours, we prepare it as if it may go to trial. That preparation is why most cases resolve without one.

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Questions About Bicycle Accidents in New York