The Most Dangerous Intersections in New York
You are riding your bicycle through a busy New York intersection. You check the light, stay in your lane, and suddenly, out of nowhere, a car hits you. In the seconds that follow, your world changes. You are likely in pain, confused, and worried about what comes next. That, in itself, is a lot to process. Once the initial shock wears off, one of the first questions on your mind may be this: In a bicycle vs car accident fault situation, who is responsible, and what should you do about it?
At Greenspan & Greenspan Injury Lawyers, we understand how overwhelming this moment feels. And yes, “overwhelming” is probably an understatement. Since 1959, our law firm has guided injured New Yorkers through some of the most challenging times of their lives. Let us help you better understand how fault is determined in these accidents, what the law says, and how you can protect your rights.
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Bicycle vs Car Accident Fault Is Complicated
When a crash happens between a cyclist and a car, liability is not always straightforward. Both cyclists and drivers have specific rights and responsibilities under New York law. Questions often arise, such as:
- Did the driver fail to yield?
- Did the cyclist follow traffic signals?
- Was either party distracted?
According to the New York State Government Traffic Safety Committee, over 7,500 bicycle accidents were reported statewide in 2022. In these situations, insurance companies and courts must carefully assess the facts before determining liability. Insurance companies will often try to evaluate evidence in a way that allows them to control the narrative, which is why having an advocate on your side is important.
New York Law on Bike vs Car: Who Is Liable?
New York follows a pure comparative negligence system. This means that more than one party can share fault for an accident. Even if you are found partially at fault, you may still recover damages. However, your compensation will be reduced by the percentage of your responsibility.
For example, if the person who ran into you is found 80 percent at fault and you are found 20 percent at fault, you can still recover 80 percent of what you were awarded.
Insurance companies often try to shift as much blame as possible onto cyclists to avoid payouts. Having an experienced lawyer helps ensure your side of the story is fully heard and not misconstrued.
Understanding No-Fault Coverage
New York is a no-fault insurance state. If you own a vehicle with personal injury protection (PIP), your insurance policy may cover your medical bills and lost wages, even if you were on a bicycle at the time of the crash. If you do not own a car, the driver’s no-fault policy may be responsible.
However, PIP does not cover pain and suffering or other non-economic damages, which are often just as relevant as reimbursement for your bills. To seek these, you must meet New York’s serious injury threshold. This includes injuries such as fractures, permanent limitations, or significant disfigurement. If your injuries qualify, you may pursue a personal injury lawsuit against the driver.
Cyclist Fault Determination: Common Scenarios
Cyclists, like drivers, must follow traffic laws. Determining fault often involves reviewing how both parties behaved before the accident. Some common scenarios include:
- Driver negligence—speeding, running a red light, failing to yield, or opening a car door into a cyclist’s path (“dooring”);
- Cyclist negligence—ignoring traffic signals, riding against traffic, or failing to use proper lights at night; or
- Shared fault—situations when both the driver and cyclist contributed to unsafe conditions.
The process of cyclist fault determination often involves police reports, witness statements, traffic cameras, and accident reconstruction experts. An attorney helps make sure that all relevant evidence is preserved and presented.
If a Car Hits a Cyclist, Who Is at Fault?
This is one of the most common questions after a crash. The answer depends on the circumstances. If a driver was distracted and drifted into a bike lane, the driver is likely at fault. If a cyclist ignored a stop sign and entered the intersection, the cyclist may share liability.
The law does not automatically assign blame to one party just because of their role.
Investigators look at how traffic laws were followed. This is why it is important to speak with a lawyer immediately after the accident to protect your rights.
What You Should Do After a Bicycle vs Car Accident
If you are a cyclist hit by a car, here are the recommended steps to take:
- Seek medical attention. Your health comes first, even if injuries seem minor. Some conditions, like concussions or internal injuries, may not appear right away.
- Call the police. Request that an officer create an official accident report. This document is critical for determining fault later.
- Gather evidence. Take photos of the scene, your injuries, the vehicle, and any traffic signals. Collect contact information from witnesses.
- Notify insurance. If you own a vehicle, report the accident to your PIP provider. If not, the driver’s insurer may provide no-fault benefits.
- Contact a lawyer. A bicycle accident lawyer can guide you through fault disputes and help you pursue fair compensation.
By following these steps, you help preserve your rights and keep your case as strong as possible moving forward.
How Greenspan & Greenspan Injury Lawyers Helps
At Greenspan & Greenspan Injury Lawyers, we understand that you are fighting to recover, rebuild, and reclaim your life after a devastating accident. Our role is to stand beside you in that battle. When you choose us, you receive:
- Individualized attention from your attorney,
- Clear communication at every stage of the case,
- Honest answers about your options,
- Decades of experience handling complex bicycle accident claims, and
- Bilingual support for English and Spanish-speaking clients
We handle the legal complexities while you focus on healing.
Reach Out Today for the Legal Support You Deserve
Understanding bicycle vs car accident fault in New York can make all the difference in your recovery. You do not have to understand every letter of the law. That is our job.
If you or a loved one has been hurt in a bicycle accident, call Greenspan & Greenspan Injury Lawyers today. We will fight for your rights, protect your future, and help make your voice heard.
