The NYC Bicycle Accident Attorneys at Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman and Mackauf have been champions for the rights of cyclists since 1919. If you’ve been injured in a bicycle accident or have tragically lost a loved one in such an incident, navigating the complexities of New York law can be daunting. Our experienced team understands the unique challenges cyclists face in these situations. For a free consultation, please call us today at 212-943-1090.
Our Manhattan-based Bicycle Accident Lawyers are dedicated to serving clients across the New York metro area, New York State, and New Jersey. We provide comprehensive legal representation in a wide range of bicycle accident cases, including those involving:
- Bus collisions with cyclists
- Truck accidents involving bicycles
- Car accidents with cyclists
- Taxi and limousine collisions with bikes
- “Dooring” accidents impacting cyclists
- E-bike accident claims
- Citi-Bike accident lawsuits
- Bicycle messenger accident claims
- Scooter and E-Scooter accident cases
- Hit and run bicycle accident claims
- Accidents occurring in bike lanes
Understanding Your Rights After a Bicycle Accident in New York: FAQ with a Bicycle Accident Lawyer
How Can a Bicycle Accident Lawyer Help Me After an Accident in NY?
Navigating the aftermath of a bicycle accident in New York can be overwhelming. The legal landscape concerning bicycle accidents in NY is unique and requires specialized knowledge. Our NYC bicycle accident attorneys recently secured a $1.4 million settlement for a cyclist injured by a bus, demonstrating our commitment and successful track record. We leverage our in-depth understanding of New York’s Vehicle and Traffic Law and No-Fault Law to protect your rights and maximize your compensation.
Individuals injured in bicycle accidents in New York often encounter specific legal complexities due to state laws. Our New York bicycle accident lawyers possess extensive experience representing bicycle accident victims and their families throughout all five boroughs of New York City and across New York State. We specialize in handling serious bicycle accident cases and have a history of recovering multi-million dollar settlements and jury verdicts for our clients. Our firm’s success was recognized when we were featured in the New York Law Journal’s Top 25 New York Verdicts of 2014 for achieving the highest verdict in a motor vehicle accident case involving a bicycle that year. Furthermore, Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf has been consistently recognized as a leading firm, including being named “Law Firm of the Year” in Personal Injury Litigation by U.S. News – Best Lawyers “Best Law Firms,” and achieving Tier 1 ranking in New York City for Personal Injury Litigation – Plaintiffs every year since 2013.
Why Choose Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman and Mackauf as Your Bicycle Accident Attorneys in NYC?
When choosing a bicycle accident lawyer, experience and reputation matter. At Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman and Mackauf, our personal injury attorneys are known for their meticulous trial preparation and dedication to securing full financial recovery for their clients. We have earned a national reputation as “counsel to the profession,” trusted by peers and advocates alike. Even prominent bike activists and cyclists, such as Mary Beth Kelly, a board member of Transportation Alternatives and a founding member of Families for Safe Streets, have entrusted us with their cases and those of their loved ones. This speaks volumes about the confidence placed in our expertise and commitment to justice for cyclists.
Our firm’s dedication to excellence is reflected in our case results. Some recent bicycle accident cases handled by our attorneys include:
- $8,570,000 Verdict: For a 36-year-old cyclist who suffered significant injuries after being struck by a bus in New York City.
- $5,500,000 Settlement: Secured for a cyclist hit by a New York Police Department vehicle during a pursuit.
- $5,000,000 Recovery: For the widow of a doctor tragically killed by an NYPD tow truck while cycling on the Hudson River Greenway. This case highlights the dangers cyclists face even in designated bike paths.
- $4.6 Million Verdict: For the family of Marylin Dershowitz, a retired Manhattan Supreme Court special referee, who was fatally struck by a postal truck while riding her bicycle in Downtown Manhattan. Her husband, Nathan Z. Dershowitz, of Dershowitz, Eiger and Adelson, expressed immense satisfaction with our firm’s representation and the outcome.
- $2,050,000 Verdict: For a cyclist who sustained pelvic and urethral injuries after being hit by a NY MTA bus.
- $1,400,000 Settlement: For a cyclist who suffered multiple fractures, including clavicle, thumb, ribs, and pelvis, in a bus accident.
- $1,200,000 Verdict: For a woman who sustained a herniated disc and lower back injury after being struck by a car while cycling.
Common Types of Bicycle Accident Lawsuits in New York
What are the most frequent causes of bicycle accidents leading to lawsuits in New York? Our experience shows that the majority of bicycle accident cases in New York City stem from:
- Failure to Yield at Intersections: Collisions where motor vehicles fail to yield the right-of-way to cyclists at intersections are a leading cause of accidents.
- Unexpected Turns: Accidents caused by vehicles turning directly into the path of a cyclist, particularly left turns across oncoming bike traffic.
- Unsafe Passing: Motorists misjudging the space required to safely overtake a bicyclist, resulting in collisions.
- Failure to Share the Road: Negligent drivers of cars, trucks, and buses who fail to share the road, forcing cyclists off the road or directly causing collisions.
- Dooring Accidents: The dangerously common scenario of a motorist opening a car door directly into the path of an oncoming cyclist.
Beyond vehicle interactions, bicycle accidents can also result from environmental factors, including:
- Defective Roadways: Poor roadway design or inadequate maintenance, creating hazardous conditions for cyclists.
- Visibility Issues: Impaired visibility due to weather, time of day, or obstructions contributing to accidents.
- Poor Road Conditions: Hazards like potholes, road debris, inadequate maintenance, and even animal attacks (such as dog attacks) causing accidents.
Another unique situation in New York City involves pedestrians being struck and injured by bicycle messengers or delivery personnel.
Bicycle Laws in NYC and NY State: What Cyclists Need to Know
Are there Specific Laws for Bicyclists in New York City and NY State?
Yes. In New York, cyclists are legally obligated to adhere to the same rules of the road and are granted the same rights as operators of all other vehicles, as outlined in New York State Vehicle and Traffic Law § 1231. Importantly, under New York’s No-Fault Law, a bicyclist is classified as a pedestrian, making them eligible for No-Fault insurance coverage in most accident scenarios.
Helmet laws also apply to cyclists in New York, detailed in New York Vehicle and Traffic Law §1238. New York law prohibits children under the age of one from being bicycle passengers. Furthermore, both passengers and operators under the age of fourteen are legally required to wear protective helmets. However, cyclists aged fourteen and older are not mandated to wear helmets under New York State law.
Helmet Use and Bicycle Accident Injuries: Understanding the Protection
What Types of Bicycle Accident Injuries Can Helmets Help Prevent?
It’s crucial to understand the limitations and protective capabilities of bicycle helmets. While helmets are designed to mitigate certain types of injuries, they are not a guarantee against all harm, especially in high-speed collisions. For impacts exceeding 15-20 miles per hour, a bicycle helmet’s effectiveness in preventing serious head or brain injuries diminishes. U.S. safety standards for bicycle helmets are based on drop tests from 2 meters, simulating an impact speed of approximately 14 miles per hour (22.5 kph) on a flat surface.
A notable study published in the New England Journal of Medicine found that bicycle helmet use was associated with an impressive 85% reduction in the risk of head injury and an 88% reduction in the risk of brain injury. A Case-Control Study of the Effectiveness of Bicycle Safety Helmets, Robert S. Thompson, M.D., Frederick P. Rivara, M.D., M.P.H., and Diane C. Thompson, M.S. N Engl J Med 1989;320:1361-1367, May 25, 1989.
Helmets are most effective in preventing minor head injuries resulting from linear acceleration of the skull upon impact. They work by reducing and distributing the force of impact. However, more severe brain injuries often arise from angular or rotational acceleration, leading to diffuse axonal injury (DAI) and subdural hematoma (SDH). These types of injuries are the leading cause of death or long-term disability in road crash victims. It’s important to note that bicycle helmets are not designed to protect against rotational injuries, and current research has not demonstrated their effectiveness in preventing them. Curnow WJ. The efficacy of bicycle helmets against brain injury. Accident Analysis and Prevention, 2003,35:287-292
Common Bicycle Accident Injuries in NYC
What are the Most Common Injuries Sustained in Bicycle Accidents?
Bicycles are a popular mode of transport, recreation, and exercise in New York. However, bicycles offer minimal protection to riders, making cyclists highly vulnerable to serious injuries in accidents. Bicycle accidents frequently lead to severe and catastrophic injuries. Tragically, a significant portion of bicycle accident victims are children. Common injuries seen in bicycle accidents include:
- Head Injuries: Ranging from concussions to skull fractures and traumatic brain injuries (TBI).
- Facial Injuries: Including facial fractures such as broken jaws and other broken facial bones.
- Bone Fractures: Broken bones in the legs, arms, shoulders, and neck are frequent.
- Chest and Abdominal Trauma: Injuries such as rib fractures, ruptured spleens, pancreatic trauma, and other internal injuries.
Bicycle Accident Statistics in New York City: A Growing Concern
How Many Bicycle Accidents Occur in New York City?
Recent data from the NYPD highlights a concerning trend in bicycle accident fatalities and injuries in New York City. While there was an initial decrease in fatalities at the beginning of 2022, numbers rose again during warmer months.
According to NYPD statistics, in July and August of 2022, 3 and 1 cyclists died in traffic accidents, respectively, compared to 3 and 0 in the same months the previous year. From the start of 2022 through August 31st, 9 cyclists were killed in accidents in NYC, compared to 7, 10, and 18 in the same periods of 2021, 2020, and 2019. Despite ongoing infrastructure improvements aimed at cyclist safety, fatalities are unfortunately trending upwards, indicating that more needs to be done, particularly outside of Manhattan.
Bicycle accident injuries also remain on an upward trend. After peaking above 600 monthly injuries during the summer of 2020 (likely due to increased cycling during pandemic restrictions), injuries decreased below 500 in July and August of 2022. However, with the return of tourism and increased city activity, injury numbers have risen again. In July and August 2022, the NYPD reported 527 and 530 bicycle accident injuries, respectively.
Record High Bicycle Accident Fatalities and Injuries in NYC in Early 2023
Recent NYPD data reveals a record number of cyclist fatalities in Q1 2023, with 9 deaths. Alarmingly, 7 of these fatalities involved e-bikes, and 4 of those e-bike accidents were single-vehicle crashes. Of the 5 fatal crashes involving vehicles, 3 were collisions with trucks and 2 with SUVs.
Bicycle accident injuries also reached a record high in Q1 2023, with 809 cyclists injured, compared to 649 in the same period the previous year. A warmer winter may have contributed to this unusually high number of early-year accidents.
Fatal Bicycle Accidents Concentrated in Early 2023
Five of the nine fatal NYC bicycle accidents in Q1 2023 occurred in January and February. NYPD statistics show 2 cyclist deaths in February 2023 and 3 in January 2023, compared to zero in both months the year before. This is particularly concerning as these months typically see low bicycle fatality rates. The only other time since Vision Zero began in 2013 that 5 bicycle fatalities were recorded in the first two months of the year was in 2019.
Tragic examples from this period include:
- Tamara Chuchi Kao, 62, killed by a cement truck while riding a CitiBike in Astoria.
- Sarah Schick, 37, a mother killed by a truck while riding an e-CitiBike in Gowanus, Brooklyn.
- James Giambalvo, a cyclist fatally struck by an SUV in Staten Island.
February 2023 also saw a high number of bicycle accident injuries, with 231 reported, compared to 233 in January and 194 in February 2022. This is the second-highest February injury count, just below the record of 232 injuries in February 2019.
Both bicycle accident fatalities and injuries continue to demonstrate a worrying upward trend.
NYC DOT Data: E-Mobility and Bicycle Fatalities in 2022
NYC DOT data indicates that in 2022, 15 cyclists and 16 users of e-mobility devices (e-scooters, e-mopeds) died in NYC crashes. Of the cyclist fatalities, Brooklyn accounted for 6, the Bronx 4, Manhattan 3, and Queens 2. For e-mobility device fatalities, Brooklyn had 8, the Bronx 4, Manhattan 3, and Queens 1.
Brooklyn also had the highest number of injuries for both groups: 1,879 cyclists and 920 e-mobility riders injured, compared to lower numbers in Manhattan, Queens, the Bronx, and Staten Island.
If you or a loved one has been injured or tragically killed in a bicycle accident in New York City or the surrounding areas, the bicycle accident attorneys at Gair, Gair, Conason, Rubinowitz, Bloom Hershenhorn & Mackauf are here to help. We are committed to fighting for our clients’ full recovery through meticulous preparation and aggressive advocacy. Contact our firm today at 212-943-1090 for a free, no-obligation consultation. Let us help you understand your legal options and pursue the justice and compensation you deserve.
Disclaimer: Please note that past case results are not indicative of future outcomes. Every case is unique and depends on its specific facts and circumstances. Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf cannot guarantee specific results in any legal matter. Any testimonials or case results presented on this website reflect outcomes achieved in particular cases and should not be interpreted as a guarantee, warranty, or prediction of success in any other legal matter.
