Who Pays if You Get Hit by a Car While Cycling in NYC?

 Posted on April 15, 2025 in Personal Injury

Many New Yorkers are known to use bicycles for getting around the city. It is an eco-friendly mode of transportation and often easier than navigating the traffic or trying to find parking. However, the roads are not always safe for cyclists. If you suffered injuries in a bicycle accident, a New York Metro Area bicycle accident attorney can explain the legal options available for recovering your losses based on the severity of your accident and injuries.

Do New York’s No-Fault Laws Apply to Injured Bicyclists?

New York is a no-fault insurance state. This means that when there is a car accident, your insurance will cover your medical bills, lost income, and other expenses related to your injuries. However, for accidents involving motor vehicles and bicyclists, the law states that the cyclist’s medical bills and lost income are covered by the driver’s insurance, and fault is not a factor.

In these cases, the insurer will pay a maximum amount of $50,000, but if you sustained severe injuries, that may not be enough. Additionally, a serious accident can have devastating emotional and mental repercussions, and no-fault insurance does not compensate for pain and suffering. If you suffered a severe injury, you may need to file a personal injury lawsuit against the at-fault driver to seek sufficient compensation, which means that you will have to prove that the driver was at fault and that their negligence caused your injuries.

How Do You Determine Fault in a Bicycle/Car Accident?

When determining fault in a bicycle accident involving a motor vehicle, several factors relating to the case must be considered:

• Street conditions: Faded bike lane markings, missing signs, and neglected road maintenance can contribute to collisions and paint a broader picture about liability.

• Traffic violations: Someone who commits a traffic violation is often at fault for a resulting collision.

• Expert testimony: Sometimes, you may need to seek experts, such as an accident reconstruction specialist, to analyze all the details about the crash and provide their opinion on fault determination.

• Witnesses: Corroborating witness testimonies can provide insight into the accident and how it unfolded.

• Police report: The officers who respond to a call will draft a police report detailing the accident, which often includes a fault determination.

When you work with a qualified attorney, they can help you gather enough information about the accident to fulfill your burden of proof, which is necessary in civil cases according to New York civil practice law. With sufficient evidence, you can claim economic and noneconomic losses associated with your case, including the pain and suffering you endured.

Contact Our New York Metro Area Bicycle Accident Attorneys for a Free Consultation

Given the vulnerability of cyclists, bicycle accidents often result in severe injuries. In the wake of a serious accident, you should not have to face financial, physical, and emotional losses while fighting for your right to compensation. The Metro New York Area bicycle accident lawyers at Ivey, Barnum & O'Mara, LLC help people rebuild their lives after devastating losses. Call 203-661-6000 to schedule a free consultation and discuss what you need to do to hold the driver who hit you accountable.