Getting hit by a car while riding your bike is terrifying. One moment you're pedaling through your neighborhood or commuting to work, and the next you're on the pavement dealing with injuries that can change your life. If this has happened to you, you're probably wondering whether you can take legal action against the driver who hit you.
The short answer is yes. In New York, cyclists have the legal right to sue drivers who cause accidents, but the process isn't as straightforward as you might expect. New York's insurance laws create specific hurdles you need to clear before you can pursue a lawsuit, and understanding these requirements can make the difference between recovering fair compensation and walking away empty-handed.
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Can You Sue a Driver Who Hit You While Cycling?
You can absolutely sue a driver who hit you while cycling in New York, but you'll need to navigate the state's No-Fault insurance system first and prove your injuries meet certain legal standards.
New York treats cyclists as vehicle operators under the Vehicle and Traffic Law. This means you have the same basic rights on the road as someone driving a car. When a driver violates these rights and causes an accident, they can be held legally responsible for the harm they've caused.
However, New York's No-Fault insurance law creates an initial barrier. This system was designed to reduce lawsuits by requiring injured people to first collect benefits from insurance companies, regardless of who caused the accident. For cyclists, this means you're entitled to Personal Injury Protection benefits from the at-fault driver's insurance policy, which covers medical expenses and lost wages up to the policy limits.
The catch is that you cannot sue for pain and suffering, emotional distress, or other non-economic damages unless your injuries meet what's called the "serious injury threshold." This threshold exists to prevent minor accident claims from clogging up the courts, but it also means that not every cyclist who gets hit can file a lawsuit for full compensation.
What Makes an Injury Serious Enough to Sue?
New York Insurance Law defines "serious injury" very specifically. Your injury must fall into one of these categories to pursue a lawsuit beyond No-Fault benefits.
The law recognizes several types of serious injuries. A significant permanent loss of use of a body function or system qualifies. So does a permanent consequential limitation of use, which means an injury that permanently restricts how you use part of your body. Significant limitation of use of a body function or system also counts, even if it's not permanent.
Specific injuries automatically meet this threshold. Fractures qualify as serious injuries. Traumatic brain injuries, which are unfortunately common in bicycle accidents, meet the standard. Spinal cord damage counts. Permanent disfigurement, like significant scarring, also qualifies.
The key word throughout these definitions is "significant." A minor injury that heals completely within a few weeks typically won't meet the threshold. But injuries that require surgery, cause lasting limitations, or prevent you from working or enjoying life the way you did before the accident almost always qualify.
Medical documentation becomes critical here. You need doctors to clearly explain how your injuries limit your daily activities, work capabilities, and quality of life. Vague medical records that simply list a diagnosis without explaining its impact on your life are often insufficient to clear this legal hurdle.
How Does No-Fault Insurance Work for Cyclists?
Understanding No-Fault insurance is essential because it affects both your immediate benefits and your ability to sue later.
When a car hits you while you're cycling, you're entitled to Personal Injury Protection benefits from the driver's auto insurance policy. These benefits cover your medical expenses and a portion of your lost wages, regardless of who caused the accident. This means even if you made a mistake that contributed to the crash, you still get these benefits.
But there's a strict deadline. You must file your PIP application within 30 days of the accident. Missing this deadline can result in losing benefits you're legally entitled to receive. Insurance companies use every tool available to minimize what they pay out, and a missed deadline gives them an easy reason to deny your claim.
PIP benefits have limits. They won't cover everything, and they certainly won't compensate you for pain, suffering, or the full extent of your lost income if you're unable to work for an extended period. This is where a lawsuit becomes important for serious injuries.
The No-Fault system was designed to get you quick access to basic benefits while you recover. It wasn't designed to fully compensate you for life-changing injuries. That's why the serious injury threshold exists as a gateway to the court system for people with significant harm.
What If You Were Partially at Fault for the Accident?
New York follows what's called "pure comparative negligence," which is actually good news for injured cyclists.
Under this system, you can recover damages even if you were partially responsible for the accident. Your compensation gets reduced by your percentage of fault, but you don't lose everything just because you made a mistake.
Here's how it works in practice. Let's say a jury determines your injuries are worth one million dollars, but they also find you were 10 percent at fault for the accident because you swerved unexpectedly. You would still recover $900,000. Even if you were 40 percent at fault, you'd still get $600,000.
This differs from some other states that use "modified comparative negligence," where you can't recover anything if you're more than 50 or 51 percent at fault. New York's pure system means that even if you were mostly at fault, you can still recover something for the portion of fault that belongs to the driver.
However, there's a proposed change on the horizon. Governor Hochul's 2026 budget proposal includes a shift to modified comparative negligence, which would bar recovery if you're 51 percent or more at fault. This change hasn't happened yet, but it could significantly impact cyclist accident cases in the future. For now, pure comparative negligence remains the law.
Comparative negligence calculations happen during settlement negotiations or at trial. Insurance companies will often argue you were more at fault than you actually were to reduce what they have to pay. Having strong evidence about what really happened becomes crucial to protecting your recovery.
What Laws Protect Cyclists on New York Roads?
New York's Vehicle and Traffic Law establishes clear rules that protect cyclists and create legal obligations for drivers.
Drivers must yield to cyclists who have the right of way. They must exercise reasonable care when driving near bicycles. These aren't suggestions. They're legal requirements, and violating them establishes negligence in an accident case.
Specific violations frequently cause cyclist accidents. Failure to yield when turning is one of the most common. Distracted driving, whether from phones or other distractions, causes countless crashes. Right-hook turns, where a driver turns right directly into a cyclist's path, violate traffic laws and cyclist safety.
Dooring is another violation with its own specific law. Vehicle and Traffic Law Section 1214 makes it illegal to open a car door into traffic without checking for cyclists. When a parked car's door suddenly opens into your path and you crash into it, that driver violated the law and can be held liable for your injuries.
These traffic law violations do more than just prove the driver did something wrong. They establish "negligence per se," which means the violation itself proves negligence without needing additional evidence. This makes your case stronger and harder for the insurance company to dispute.
Do Electric Bikes Change Anything?
E-bikes have become incredibly popular in New York, but they create some unique legal complications in accident cases.
New York recognizes three classes of e-bikes:
- Class 1 e-bikes provide pedal assistance up to 20 miles per hour
- Class 2 e-bikes have a throttle and can reach 20 miles per hour without pedaling
- Class 3 e-bikes provide pedal assistance up to 28 miles per hour. All three are legal in New York, though some local regulations apply
The legal complication comes from how insurance companies classify e-bikes. Some insurers try to deny PIP benefits by arguing that e-bikes are motor vehicles, not bicycles, and therefore different insurance rules apply. This classification game can leave injured e-bike riders without the immediate benefits they need.
However, New York courts have generally treated e-bike riders the same as traditional cyclists for purposes of the No-Fault law and personal injury claims. You still have the right to PIP benefits from the driver's insurance, and you still have the right to sue if your injuries meet the serious injury threshold.
Speed becomes a factor in e-bike cases. New York City limits e-bikes to 15 miles per hour in many areas. If you were riding above this limit when the accident happened, the insurance company will argue you contributed to the crash. This doesn't bar your claim under pure comparative negligence, but it can reduce your recovery.
E-bike accidents also tend to cause more severe injuries than traditional bicycle accidents because of the higher speeds involved. The increased force of impact at 20 or 28 miles per hour compared to typical cycling speeds means more traumatic brain injuries, more serious fractures, and more spinal damage. These severe injuries are more likely to meet the serious injury threshold, but they also mean longer recovery times and greater long-term impacts on your life.
How Common Are Bicycle Accidents in New York?
The statistics paint a sobering picture of how dangerous cycling can be in New York, even with improved infrastructure and safety campaigns.
New York City recorded 38,105 total traffic crashes in 2023, with 259 fatalities. Among those deaths, 29 were cyclists. This represents the highest number of cyclist deaths in the Vision Zero era, which began in 2014 with the goal of eliminating traffic deaths entirely.
Brooklyn alone sees more than 15,900 traffic injuries every year. On a single street, Court Street, there were 155 injuries and two deaths between 2020 and 2024, many from turning accidents and crashes caused by double-parked vehicles.
Statewide, several thousand cyclists are injured in crashes with motor vehicles every year, with dozens of fatalities. These aren't just statistics. They're real people whose lives were changed or ended because of preventable accidents.
There is some good news in recent data. Pedestrian fatalities dropped by about 19 percent in early 2025 compared to the previous year. Cyclist deaths have approached record lows due to Vision Zero initiatives, including protected bike lanes and increased enforcement of traffic laws. But "record lows" still means dozens of deaths and thousands of serious injuries every year.
Certain types of accidents happen repeatedly. Turning accidents, where drivers fail to yield to cyclists when making turns, are extremely common. Dooring crashes, where parked car doors open into cyclists' paths, happen frequently in areas with street parking. Distracted driving continues to cause crashes as drivers focus on their phones instead of the road. And e-bike accidents are increasing as more people use these vehicles for commuting and delivery work.
What Injuries Do Cyclists Typically Suffer?
Bicycle accidents with motor vehicles cause devastating injuries because cyclists have virtually no protection from the force of impact.
Traumatic brain injuries are among the most common and most serious injuries cyclists suffer. Even with a helmet, the force of being hit by a car or hitting the pavement can cause concussions, brain bleeding, and permanent cognitive damage. These injuries often meet the serious injury threshold and can affect your ability to work, care for yourself, and enjoy life.
Spinal cord injuries happen when the impact damages the vertebrae or the spinal cord itself. These injuries can cause permanent paralysis, chronic pain, and loss of sensation. Even "incomplete" spinal injuries that don't cause full paralysis can leave you with permanent limitations that drastically change your life.
Fractures are extremely common in cyclist accidents. Complex fractures of the legs, arms, pelvis, or ribs often require surgery and extensive rehabilitation. Some fractures never heal properly, leaving permanent limitations and chronic pain. Even after the bones heal, you might not regain full strength or range of motion.
Road rash and soft tissue injuries might sound minor, but severe cases can cause permanent scarring and disfigurement. Deep road rash can damage nerves and leave you with chronic pain or numbness. Significant scarring on visible parts of your body qualifies as a serious injury under New York law.
Internal injuries can be life-threatening and aren't always immediately obvious after an accident. The impact can damage your organs, cause internal bleeding, or create injuries that develop complications over time. This is why getting immediate medical attention after any bicycle accident is so important, even if you don't think you're seriously hurt.
The long-term effects of these injuries extend far beyond the initial trauma. You might face years of physical therapy, multiple surgeries, chronic pain, and permanent disability. You might not be able to return to your job or enjoy the activities that made your life meaningful before the accident. These lasting impacts are exactly why the law allows you to sue for full compensation when your injuries are serious.
What Evidence Do You Need to Prove Your Case?
Building a strong bicycle accident case requires gathering and preserving evidence from the moment the accident happens.
The police report is your first critical piece of evidence. Call the police immediately after the accident, even if your injuries seem minor at first. The report will document the accident scene, the driver's information, any traffic violations, and the officer's initial assessment of what happened. Insurance companies take police reports seriously, and they can make or break your case.
Witness statements provide independent verification of what happened. If anyone saw the accident, get their names and contact information before they leave. Witnesses who have no connection to either party are especially valuable because their testimony is seen as unbiased.
Photographs and video can prove things that are hard to explain in words. Take pictures of your injuries, your damaged bicycle, the vehicles involved, skid marks, traffic signs, and anything else relevant to the accident. If there are security cameras or traffic cameras nearby, identify them quickly because footage often gets deleted after a short time.
Medical records create the foundation for proving your injuries meet the serious injury threshold. Seek medical attention immediately after the accident, even if you're not sure how badly you're hurt. Follow all your doctors' recommendations for treatment and follow-up care. Keep every appointment and document how your injuries affect your daily life.
The medical documentation needs to be specific and detailed. It's not enough for your doctor to write that you have a back injury. Your medical records need to explain exactly how the injury limits your ability to sit, stand, walk, lift, work, and perform daily activities. They need to describe your pain levels, your treatment progress, and your long-term prognosis.
Physical evidence like your damaged bicycle and torn clothing can demonstrate the severity of the impact. Don't throw these items away, even if they're destroyed. They can be powerful evidence of the force involved in the crash.
Your own documentation matters too. Keep a journal describing your pain, limitations, and how the injury affects your life. Document missed work, canceled plans, activities you can no longer do, and the emotional impact of your injuries. This personal record can help prove the full extent of your damages.
How Long Do You Have to File a Lawsuit?
Time limits, called statutes of limitations, restrict how long you have to take legal action after an accident.
In New York, you generally have three years from the date of the accident to file a personal injury lawsuit. This might seem like a long time, but it goes by faster than you'd think, especially when you're focused on recovering from serious injuries.
However, the 30-day deadline for filing your No-Fault PIP application is much more urgent. Missing this deadline can cost you immediate benefits for medical care and lost wages. This deadline isn't negotiable, and insurance companies will use it to deny benefits if you file even one day late.
There are some exceptions to the three-year statute of limitations, but they're narrow and don't apply to most cases. If the at-fault driver is a government employee driving a government vehicle, you might have to file a notice of claim within 90 days. If you don't discover your injury right away, the clock might start when you discover it rather than when the accident happened, but this exception is difficult to prove and rarely applies to bicycle accidents where injuries are typically obvious.
The practical reality is that waiting too long to start your case hurts you in ways beyond just legal deadlines. Evidence disappears. Witnesses forget details or move away. Security camera footage gets deleted. Your own memory of the accident fades. The longer you wait, the harder it becomes to build a strong case.
Insurance companies also view delayed claims with suspicion. If you wait two years to file a lawsuit, they'll argue your injuries couldn't have been that serious or you would have acted sooner. Starting the legal process promptly demonstrates that your injuries are significant and your claim is legitimate.
What Compensation Can You Recover?
If your injuries meet the serious injury threshold and you successfully pursue a lawsuit, you can recover several types of damages.
Economic damages compensate you for financial losses. This includes all your medical expenses, both past and future. If your injuries require ongoing treatment, future surgeries, or lifetime care, those costs get included in your damages. Lost wages from time you couldn't work are compensable. If your injuries prevent you from returning to your previous job or reduce your earning capacity, you can recover compensation for that lost future income.
Non-economic damages compensate you for intangible losses. Pain and suffering is the most common category. This covers the physical pain you've endured and will continue to endure because of your injuries. Emotional distress, including anxiety, depression, and post-traumatic stress from the accident, is compensable. Loss of enjoyment of life covers your inability to participate in activities you loved before the accident, whether that's playing with your kids, pursuing hobbies, or simply living without constant pain.
The value of non-economic damages varies dramatically based on the severity and permanence of your injuries. A fracture that heals completely might be worth tens of thousands of dollars in pain and suffering. A traumatic brain injury that leaves you permanently disabled might be worth millions.
Property damage to your bicycle is also recoverable, though it's usually a small part of the overall claim compared to your personal injuries.
In rare cases involving especially reckless behavior, punitive damages might be available. These are designed to punish the defendant rather than compensate you, but they're only awarded in cases involving gross negligence or intentional misconduct, which is uncommon in bicycle accident cases.
What Role Does Insurance Play in Your Recovery?
Insurance companies control the money in bicycle accident cases, which means understanding how they operate is crucial to protecting your rights.
The at-fault driver's auto insurance policy provides the primary source of compensation. New York requires drivers to carry minimum liability coverage, but these minimums are often inadequate for serious injury cases. If the driver only has minimum coverage and your injuries are severe, you might not be able to recover full compensation from their policy alone.
This is where underinsured motorist coverage becomes important. If you have your own auto insurance policy, it likely includes underinsured motorist coverage that can provide additional compensation when the at-fault driver's policy isn't enough. Even if you don't own a car, you might be covered under a family member's policy if you live in the same household.
Insurance companies are not on your side, even when they're paying your No-Fault benefits. Their goal is to minimize what they pay out. They'll look for reasons to deny your claim, argue your injuries aren't serious, claim you were at fault, or pressure you to accept a low settlement before you understand the full extent of your injuries.
Early settlement offers are almost always inadequate. Insurance adjusters know that injured people are often desperate for money to pay medical bills and replace lost income. They'll make quick offers that seem substantial but actually represent a fraction of what your case is worth. Once you accept a settlement and sign a release, you can't come back later for more money, even if your injuries turn out to be worse than you initially thought.
Insurance companies also use your own words against you. Anything you say to an adjuster can be used to devalue or deny your claim. This is why it's crucial to be careful about what you say and to consult with an attorney before giving recorded statements or signing any documents.
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Summing It Up
Getting hit by a car while cycling can change your life in an instant. The injuries you suffer might affect your ability to work, care for your family, and enjoy the activities that make life meaningful. New York law recognizes your right to compensation when a driver's negligence causes these harms, but recovering that compensation requires navigating complex insurance rules and legal standards.
You can sue a driver who hit you while cycling, but you'll need to clear the serious injury threshold to pursue full compensation for pain, suffering, and other non-economic damages. File your No-Fault PIP application within 30 days to secure immediate benefits for medical care and lost wages. Gather evidence immediately, seek medical attention right away, and document everything about your injuries and how they affect your life.
The three-year statute of limitations gives you time to understand your injuries and build your case, but don't wait too long. Evidence disappears, memories fade, and insurance companies view delayed claims with suspicion. Most importantly, early legal advice can help you avoid costly mistakes that might jeopardize your recovery.
New York's pure comparative negligence system means you can recover damages even if you made a mistake that contributed to the accident. The law protects cyclists with clear rules about how drivers must behave around bicycles, and violations of these rules strengthen your case.
Bicycle accidents are common in New York, and they cause devastating injuries that can affect you for the rest of your life. If you've been hit by a car while cycling, understanding your legal rights is the first step toward getting the compensation you need to rebuild your life and move forward. Contact the Porter Law Group to learn more about your options.
