With bike usage surging across New York City, collisions between cars and cyclists have become increasingly common and often devastating. In 2023 alone, over 5,500 cyclists were injured and 18 were killed in NYC car accidents. As streets grow more congested and infrastructure struggles to keep pace, determining who’s at fault in a car vs. bicycle accident has become more important and more complicated than ever.
If you’ve been hit by a car while riding your bike in NYC, you could be facing serious injuries, mounting medical bills, and aggressive insurance tactics aimed at minimizing your claim. At Hecht, Kleeger & Damashek, P.C., our experienced NYC bike accident lawyers are here to explain your options and recover everything you are entitled to by law.
Is the Driver or Cyclist at Fault in a NYC Bike Accident?
Determining fault in a car vs. bicycle accident in New York City often depends on the specifics. In many cases, the driver is at fault, especially if they failed to yield, made an illegal turn, opened a car door into a bike lane (“dooring”), or were distracted behind the wheel. Drivers have a legal duty to share the road and exercise caution around cyclists, who are especially vulnerable in traffic.
However, cyclists aren’t automatically free from responsibility. Under New York’s pure comparative negligence law, a cyclist can still be partially at fault, for example, if they were riding against traffic, ignored traffic signals, or suddenly veered into a vehicle’s path. In these cases, an injured cyclist can still recover damages, but their compensation may be reduced by their percentage of fault.
Whether you’re a driver or a cyclist, proving liability requires clear evidence like eyewitness testimony, video footage, and crash reports. That’s why working with an experienced NYC bike accident lawyer is crucial.
Common NYC Bike Vs. Auto Accidents
Every car vs. bike crash is unique, but certain accident scenarios occur more frequently on New York City streets. Understanding how fault is determined in these situations can help clarify your legal options—and protect your rights if you’re injured.
Left-Turn Collisions at Intersections
One of the most frequent causes of serious bicycle injuries in NYC is when a vehicle makes a left turn across an intersection and cuts off a cyclist traveling straight. These accidents often occur when drivers are watching for gaps in vehicle traffic but fail to register an approaching cyclist, especially in marked bike lanes or at intersections with poor visibility.
Under New York Vehicle and Traffic Law § 1141, drivers making a left turn must yield the right of way to oncoming traffic, including cyclists. When they fail to do so and a crash occurs, they are typically held at fault. These collisions are particularly common in high-traffic areas like Manhattan’s 1st and 2nd Avenues, where protected bike lanes run adjacent to left-turn lanes.
Right Hook Accidents
A “right hook” accident happens when a car overtakes a cyclist and immediately turns right across their path, often at intersections or driveways, leaving the cyclist with nowhere to go. These crashes are especially dangerous in NYC’s increasingly popular protected bike lanes.
New York traffic law requires drivers to use their mirrors, signal appropriately, and check their blind spots before making a turn. When they fail to do so and a cyclist is injured, the driver can be held legally and financially responsible. This is a leading cause of injury on avenues like Queens Boulevard and Flatbush Avenue.
Dooring Incidents
“Dooring”—when a driver or passenger opens a car door into an oncoming cyclist is one of the most dangerous and preventable types of bicycle accidents in New York City. The impact can throw the cyclist into traffic, resulting in broken bones, head trauma, or worse.
According to NYC Administrative Code § 4-12(c), it’s illegal to open a vehicle door unless it is safe to do so. This means anyone who causes a crash by carelessly swinging open a door into a cyclist’s path can be held liable. Dooring is especially common in neighborhoods with heavy curbside parking and bike traffic, such as the Upper West Side, Park Slope, and Astoria.
Bike Lane Intrusions
New York City’s network of bike lanes is designed to protect cyclists, but only if drivers respect them. When vehicles drift into or block bike lanes (especially during deliveries or rideshare pickups), cyclists are forced into moving traffic, dramatically increasing the risk of collisions.
NYC law prohibits drivers from stopping, standing, or parking in designated bike lanes (NYC Traffic Rules § 4-08(e)). If a cyclist is injured due to a blocked or encroached bike lane, the driver can be found negligent and held accountable for damages.
Cyclist Riding Against Traffic
Bicyclists are legally required to ride in the same direction as vehicle traffic. When a cyclist rides against traffic or ignores red lights and stop signs, they may bear some or all responsibility for the resulting accident. This behavior is risky and can significantly affect a personal injury claim.
Under New York’s pure comparative negligence rule, a cyclist found partially at fault can still recover compensation, but their award will be reduced based on their percentage of responsibility. It’s essential to speak with a knowledgeable NYC lawyer to understand how these laws apply to your case.
Low-Speed Parking Lot or Backing-Up Collisions
Bike accidents don’t only happen on busy streets. Crashes in parking garages, supermarket lots, and residential driveways are common across the five boroughs. A driver reversing without checking mirrors or surroundings can easily hit a cyclist, especially children or delivery riders.
Even though these crashes occur at low speeds, the injuries can be severe. Cyclists may suffer spinal injuries, fractures, or head trauma. Drivers are typically liable unless the cyclist was riding erratically or was truly unseen due to obstructions.
When Is the Cyclist at Fault for a Car Accident?
Under New York law, bicycles are legally classified as vehicles and must follow the same traffic rules as motorists. That includes obeying traffic signals, yielding at intersections, signaling turns, and riding in the correct direction of traffic.
A cyclist may be fully or partially at fault if they:
- Run a red light or stop sign
- Ride against traffic on a one-way street
- Make sudden, unpredictable lane changes
- Fail to use a designated bike lane when available
- Weave between lanes or vehicles in gridlock
- Enter a crosswalk at speed without dismounting, where not permitted
Let’s say you’re a cyclist on First Avenue in Manhattan, and you run a red light while another driver, legally, makes a left turn with the green arrow, hitting you. In this case, you, as the rider, may be found partially or even mostly at fault for violating traffic laws and creating an avoidable hazard.
What Helps Prove Fault After a New York City Bike Accident?
Proving who is at fault in a NYC bicycle accident often comes down to evidence. With insurance companies ready to deny or reduce your claim, having clear documentation is key to protecting your rights and maximizing compensation.
Here’s the most important evidence to collect after a crash:
- Police Report: Always call 911 and ensure an official report is filed. This document can contain key facts, witness statements, and preliminary fault assessments.
- Eyewitness Testimony: Bystanders can provide independent accounts of how the accident occurred.
- Photos & Video: Take pictures of the scene, injuries, vehicle damage, road conditions, and nearby traffic signs or signals. NYC intersections often have traffic or surveillance cameras that your attorney can obtain.
- Helmet & Equipment Damage: Damaged helmets, torn clothing, or broken bikes may help demonstrate the severity and mechanics of the crash.
- Medical Records: Document your injuries, treatments, and recovery timeline. This is critical for establishing damages and proving causation.
- Expert Witnesses: Accident reconstructionists or bike safety experts may be used to support your case, especially if fault is disputed.
Because valuable evidence can disappear quickly, contacting a local and experienced New York City injury lawyer ASAP is crucial to preserve and build your case.
Does No-Fault Insurance Cover NYC Cyclists?
Bike riders in New York City are eligible for No-Fault insurance coverage, but only when they’re hit by a motor vehicle. In these cases, the driver’s auto insurance may provide up to $50,000 in Personal Injury Protection (PIP), covering medical bills, prescription costs, lost wages (up to 80% of your income), and related expenses like transportation to doctor appointments—regardless of who was at fault.
However, No-Fault coverage is limited. It doesn’t compensate for pain and suffering, permanent disability, or disfigurement. If your injuries meet New York’s “serious injury threshold,” you may be able to file a personal injury lawsuit for full compensation.
Remember that you must file a No-Fault claim within 30 days of the accident. An experienced lawyer can help you meet this deadline and explore additional legal options for compensation if you were hit by a car while riding your bike.
Injured in a NYC Bike Accident? Contact HKD
If you’ve been hit by a car while riding your bike in New York City, don’t face the legal and financial aftermath on your own. Hecht, Kleeger & Damashek, P.C. has the experience, resources, and track record to fight for the compensation you deserve.
Our NYC bicycle accident and auto accident attorneys know the ins and outs of local traffic laws, insurance rules, and fault disputes. We’ve helped injured cyclists recover millions in verdicts and settlements—and we’re ready to help you, too. Call (212) 490-5700 for a free, no-obligation consultation. You pay nothing unless we win.