The law that applies to your claim
VTL §1231 — the same rights and duties
A cyclist on the roadway has all the rights and is subject to all the duties of a driver. You are traffic, not an obstacle, and a driver who treats you otherwise is the one in breach.
VTL §1214 — dooring
No one may open a vehicle door into moving traffic unless it is reasonably safe to do so. When a cyclist is doored, the violation belongs to the person who opened the door — a point that adjusters routinely try to reverse.
No-fault generally applies to you
Unlike a motorcyclist, a cyclist struck by a motor vehicle can usually claim no-fault benefits from the vehicle’s insurer for medical treatment and a portion of lost earnings. The 30-day filing deadline applies.
Where cyclists get hit
- Doorings from parked vehicles alongside a bike lane
- Right hooks — a vehicle turning across a cyclist going straight
- Left crosses at intersections by oncoming drivers
- Vehicles parked or standing in a bike lane, forcing a merge into traffic
- Drivers pulling out from side streets and driveways
- Road defects, grates and unmarked construction plating
The helmet question
New York requires a helmet for cyclists under 14 (VTL §1238). For an adult, riding without one is not unlawful and does not bar a claim — though a defense will try to attribute head injuries to it under pure comparative negligence.
It has no bearing whatsoever on a fractured wrist, a shoulder injury or a broken leg, which is what most of these claims involve.
Preserve what proves it
Cycling cases are unusually well documented if you act quickly. Many riders have a head unit or phone recording speed and route. Cameras are common. Nearby businesses often have footage covering the intersection, and it is typically overwritten within days.
The bicycle itself is evidence too — do not repair or discard it before the damage pattern has been documented.
How long you have to act
- Three years from the date of the accident for most negligence claims (CPLR §214).
- Two years for wrongful death (EPTL §5-4.1).
- 90 days to serve a notice of claim where a city, county, school district, transit authority or other public body is involved (General Municipal Law §50-e), with suit generally within one year and 90 days.
The 90-day rule is the one that quietly ends otherwise strong cases. If a public entity may be involved, that is the first thing to check — not the last.
What it costs
Nothing up front. These cases are handled on contingency: there is no fee unless we win, and the consultation is free. You will be told the percentage and how expenses are handled, in writing, before you sign anything.
Common questions
I was doored. The driver says I was too close.
VTL §1214 places the duty on the person opening the door. Riding within a marked bike lane alongside parked cars is exactly what the lane is for.
Does no-fault cover me on a bicycle?
Generally yes, through the insurer of the vehicle that struck you. That is a meaningful difference from motorcyclists, who are excluded from no-fault entirely.
I was riding against traffic.
That is a violation and it will be raised as comparative fault, reducing but not barring recovery. The driver still owed a duty to see what was there to be seen.
