A bicycle crash can leave you dealing with serious injuries, medical treatment, damaged property, missed work, and insurance questions. The evidence needed to understand what happened can also disappear quickly. Surveillance footage may be overwritten, vehicles may be repaired, and roadway conditions can change.
The Buffalo Injury Law Firm represents injured cyclists throughout New York State. We serve as a statewide bicycle accident resource, and we maintain dedicated representation for clients in Buffalo, Rochester, Syracuse, Albany, and other New York markets.
Attorney Max Adler and our team approach each case by examining the facts first. We look at the collision itself, the available evidence, your medical treatment, and the insurance policies that may apply.
Understanding New York Bicycle Traffic Laws
New York Vehicle and Traffic Law establishes specific rules for both cyclists and drivers that directly impact liability in a crash:
- VTL § 1234 (Roadway Position): Cyclists generally must ride near the right-hand curb or edge of the roadway or use a usable bicycle lane. However, exceptions exist for passing a stopped vehicle, preparing for a left turn, or avoiding surface hazards.
- VTL § 1146 (Due Care): Motor vehicle drivers are legally required to exercise due care to avoid colliding with any bicyclist on the road. This includes providing safe clearance when passing a bicycle.
Bicycle Dooring Accidents
Opening a vehicle door into the path of a moving cyclist is a frequent and dangerous hazard. Under VTL § 1214, no person may open a motor vehicle door on the side available to moving traffic unless it is reasonably safe to do so.
If you are injured in a dooring accident, preserving evidence is critical to proving liability. Important evidence includes photographs of the open door, surveillance footage from nearby buildings, witness contact information, the parked vehicle’s location within the parking lane, and the final resting position of the bicycle.
Motor Vehicle Collisions vs. Roadway Defect Accidents
The legal framework for a bicycle injury claim shifts entirely based on whether a motor vehicle was involved in the crash.
When a motor vehicle strikes a bicyclist, New York’s no-fault system provides first-party benefits for medical bills and lost earnings, regardless of who caused the crash. To sue the at-fault driver for noneconomic damages (like pain and suffering), the cyclist must prove their injuries meet New York’s motor vehicle serious injury threshold.
Conversely, if a cyclist crashes due to a pothole, uneven pavement, or construction debris without a motor vehicle involved, no-fault benefits do not apply. Instead, the cyclist pursues a standard premises liability or roadway defect claim against the property owner, contractor, or municipality.
In these single-bicycle crashes, the injured rider does not need to satisfy the motor vehicle serious injury threshold to recover noneconomic damages.
Government Entities and Roadway Defects
Claims involving a city, town, county, or other public entity can involve special rules, including short notice of claim deadlines and, in some cases, prior written notice requirements concerning the roadway defect. These requirements can materially affect whether a claim can proceed.
How Does Comparative Fault Affect a Bicycle Claim?
New York changed its comparative fault law for certain motor vehicle injury cases in 2026. For lawsuits commenced on or after May 26, 2026 that are subject to New York’s no-fault law, an injured cyclist can be barred from recovery if the cyclist’s share of fault is greater than the fault of the defendant or the combined fault of multiple defendants.
Otherwise, the cyclist’s share of fault can reduce the damages recovered. Different comparative fault rules may apply to claims outside the no-fault law or lawsuits commenced before May 26, 2026.
How We Investigate a Bicycle Accident
We conduct focused investigations to secure physical and electronic proof before it disappears. Rather than relying on generic personal injury approaches, we immediately work to preserve and inspect the bicycle, helmet, lights, and components.
We examine the striking vehicle for damage patterns, review sight lines and road markings, and measure bicycle lanes or roadway defects to establish liability.
We aggressively seek surveillance or traffic camera footage before it is overwritten, and we extract vehicle electronic data when available to verify the driver’s speed, braking, and steering inputs prior to impact.
What If the Driver Left the Scene or Was Uninsured?
Identifying all potentially applicable automobile policies promptly can be important because UM/SUM (Uninsured/Underinsured Motorist) coverage or the Motor Vehicle Accident Indemnification Corporation (MVAIC) may become relevant when the vehicle is uninsured or cannot be identified.
A household automobile policy may provide coverage even if the insured person was riding a bicycle rather than occupying a vehicle at the time of the crash.
When Can a Bicycle Injury Claim Go Beyond No-Fault Benefits?
For covered motor vehicle liability claims, New York restricts recovery for noneconomic loss unless the injured person establishes a serious injury under Insurance Law § 5102(d).
The current statutory categories for a serious injury include:
- Death
- Dismemberment
- Significant disfigurement
- Fracture
- Loss of a fetus
- Permanent loss of use of a body organ, member, function, or system
- Permanent consequential limitation of use of a body organ or member
- Significant limitation of use of a body function or system
For actions and proceedings commenced on or after May 26, 2026, the former 90/180-day category is no longer included in the statutory definition.
What Should You Do After a Bicycle Accident?
If you were injured in a bicycle accident, start by protecting your health and preserving evidence that will become important later:
- Seek Medical Care: Get evaluated after the collision and follow the treatment recommended by your health care providers.
- Report the Crash: Contact the police immediately and obtain the official accident report.
- Document the Scene: Photograph your bicycle, the vehicle, visible injuries, roadway conditions, traffic controls, signs, and the exact resting positions of the bike and car.
- Identify Witnesses: Record contact information for people who saw the collision or its immediate aftermath.
- Preserve the Bicycle and Equipment: Avoid repairing, modifying, or discarding the bicycle, damaged helmet, clothing, lights, or bags until their condition has been properly documented.
- Preserve Potential Video: Identify nearby businesses or traffic cameras that may have recorded the collision.
- Gather Insurance Information: Obtain the driver’s insurance information and identify any household automobile policies that may cover you.
- Avoid Unnecessary Recorded Statements: Do not provide statements to the driver’s insurance company before securing legal counsel.
What Deadlines Can Affect a Bicycle Accident Claim?
Important deadlines vary strictly based on whether you are seeking no-fault coverage, suing a private party, or pursuing a municipality:
- 30 Days: A no-fault benefits application generally must be submitted within 30 days.
- 90 Days: A notice of claim is strictly required for claims involving government entities.
- 1 Year and 90 Days: Certain lawsuits against municipal entities are subject to this limitations period.
- 2 Years: Wrongful death claims generally have a two-year limitations period.
- 3 Years: Many personal injury actions against private defendants are subject to a three-year statute of limitations.
Why Choose The Buffalo Injury Law Firm?
Bicycle accident cases often turn on specific New York traffic laws and physical evidence that can disappear quickly. We immediately investigate the collision to secure that factual record and build a case prepared for litigation.
1. We Develop Cases Around Evidence
We do not treat the insurance claim as the entire case. We examine the facts behind the collision and build the record needed to establish liability, causation, injuries, and losses.
2. We Prepare Cases With Trial in Mind
We investigate and develop cases with the likelihood of litigation and trial in mind. That means identifying liability evidence early, documenting injuries and damages, evaluating insurance coverage, and addressing weaknesses before settlement negotiations begin.
3. We Treat Clients With Integrity and Compassion
Our work is grounded in treating people with honesty, dignity, compassion, and respect. We take the time to understand what happened and explain the legal issues affecting your claim.
4. Max Adler Remains Involved in the Case
Max Adler stays involved as your case develops and provides direct oversight. He personally reviews important decisions and addresses significant legal issues. This continuity lasts from the initial investigation through final negotiations or litigation, keeping your objectives central to every major decision.
Free Case Review
There is no fee for the initial case review. If we accept your bicycle accident case, we handle personal injury claims on a contingency fee basis. That means you do not pay an attorney’s fee upfront. Our attorney’s fee is paid from the recovery if we obtain compensation for you. If there is no recovery, you do not owe us an attorney’s fee.
Call The Buffalo Injury Law Firm today at 716-646-8412 to schedule your free consultation.
- Buffalo Office: 1 Seneca St, Suite 29-M39, Buffalo, NY 14203
- Office Visits: By appointment only
Frequently Asked Questions
1. Do You Need a License to Ride a Bicycle in New York?
No. New York does not require a driver’s license to operate a standard bicycle. Cyclists must still follow applicable traffic laws and bicycle-specific requirements.
2. Does New York Require Bicycle Riders to Wear Helmets?
New York law requires certain bicycle riders and passengers under 14 to wear approved protective headgear. State law also requires operators of Class 3 bicycles with electric assist to wear helmets.
3. Can You Still Make a Claim If You Were Not Wearing a Bicycle Helmet?
Yes. New York Vehicle and Traffic Law § 1238 expressly provides that failure to comply with the bicycle helmet requirements covered by that statute does not constitute contributory negligence or assumption of risk and does not bar a personal injury or wrongful death claim or reduce the damages recoverable. Other facts surrounding how the accident occurred can still affect liability.
4. What Happens When a Child Is Injured in a Bicycle Accident?
A child injured in a bicycle accident may have a personal injury claim. Because claims involving minors involve specialized procedural requirements and specific helmet laws under VTL § 1238, an attorney should review the situation immediately.
5. What If the Accident Involved an Electric Bicycle?
Electric bicycles are subject to additional New York requirements concerning classification, operation, equipment, age, and helmet use based strictly on the class (Class 1, 2, or 3) of the electric bicycle involved.
6. Can You Recover the Cost of Repairing or Replacing Your Bicycle?
Yes. Bicycle damage forms part of your property damage claim when another party is legally responsible. Photographs, repair estimates, receipts, and preserved components are required to document this financial loss.
7. Can a Preexisting Injury Affect a Bicycle Accident Claim?
A preexisting injury does not automatically prevent recovery. Medical evidence is used to determine whether the collision caused a new injury or aggravated the existing condition.
8. Can Social Media Posts Affect a Bicycle Accident Case?
Yes. Photos, videos, comments, and other social media activities serve as discoverable evidence. Insurers frequently review accounts to challenge claimed physical limitations or accident narratives.
9. How Long Does a Bicycle Accident Case Usually Take?
The timeline varies strictly based on the duration of your medical treatment, disputes over liability, available insurance coverage limits, and whether the insurance company forces the case into litigation and trial.