Bicycle Accident FAQ: Clear Answers for Victims

Answers to the Most Pressing Bicycle Accident Questions

When a bike crash happens, the questions come faster than the answers. Who pays for the ambulance ride? Can I sue the driver who swerved? What if the road itself caused it? Cyclists and families want real guidance, not legal jargon.

At Horn Wright, LLP, our personal injury attorneys hear these questions every week. Sometimes parents call after their teenager was hit near a crosswalk. Sometimes it’s a delivery rider who can’t work because of a broken wrist. The circumstances change, but the confusion stays the same. That’s why we’ve pulled together this FAQ, to give cyclists a place to start.

Do Cyclists Always Have the Right-of-Way

The short answer? No. Cyclists don’t always have the right-of-way. In New York, bicycles are treated as vehicles under the Vehicle and Traffic Law. That means you stop at red lights, yield at stop signs, and signal turns just like cars do.

But there are protections designed specifically for cyclists. Drivers turning across bike lanes must stop for riders moving straight. Cars pulling out of driveways or alleys must check for approaching cyclists. And motorists are required, under VTL § 1146, to exercise “due care” when sharing the road with vulnerable users like cyclists.

Think of a rider pedaling down Atlantic Avenue while a car cuts across to park. The driver can’t claim, “I didn’t see the bike.” The law says they must look.

Federal vehicles follow the same traffic laws, but if you’re hit by, say, a USPS truck, the process changes. The Federal Tort Claims Act (FTCA) applies, requiring a different claim path before you ever get to court.

So no, cyclists don’t get free rein. But the law is tilted in their favor when drivers ignore clear responsibilities.

What Compensation Can I Recover After a Bicycle Accident

Compensation is about more than medical bills, though that’s usually the first worry. New York allows three main types:

• Economic damages: hospital stays, surgery, physical therapy, lost wages.
• Non-economic damages: pain, suffering, emotional fallout.
• Property damage: repair or replacement of your bike and gear.

Families pursuing wrongful death claims can also recover for funeral expenses and lost financial support under EPTL § 5-4.1.

Here’s something many riders don’t realize: if the crash involves a government vehicle, some damages are capped. The FTCA, for instance, doesn’t allow punitive damages, even if the driver’s behavior was outrageous. But in private cases, like a drunk driver on Queens Boulevard, punitive damages can be on the table.

How Long Do Bicycle Cases Take in New York

This is one of the most common questions we hear. And unfortunately, the answer is: it depends.

Some cases resolve in six months. Others stretch for three years. Why the difference?

• Medical recovery: Settlements often wait until doctors know the long-term impact.
• Disputed liability: If the driver blames the cyclist, things slow down.
• Defendant type: Cases against cities or federal agencies move slower because of required notices and filings.
• Court backlog: In Manhattan or Brooklyn, trial calendars are packed. Dates are often months, or years, away.

We’ve seen straightforward cases wrap up quickly, especially when liability is clear and injuries are modest. But we’ve also had cases where a rider with permanent injuries needed years of medical evidence before settlement was even possible.

In Maine, Compensation Avenues Are More Limited Than in New York

Location shapes justice. In Maine, cyclists face tighter rules than in New York.

First, Maine follows modified comparative negligence. If a cyclist is found more than 50% at fault, they recover nothing. In New York, even if a rider is mostly at fault, they can still collect something under CPLR § 1411.

Second, damages in Maine tend to be lower, especially for non-economic harms like pain and suffering. Juries there award smaller amounts, and insurers know it.

So picture this: a cyclist in Brooklyn gets doored on Flatbush Avenue. Even if they’re found 30% at fault for riding too close, they can still recover 70% of their damages. In Portland, Maine, that same case could be denied entirely if fault creeps over 50%.

What Cyclists Can Recover in Compensation

Recovery isn’t just about today’s bills. Bicycle accidents often cause ripple effects that last years.

Victims in New York can seek compensation for:

• Permanent disabilities like spinal cord injuries.
• Future medical costs—rehab, surgeries, adaptive equipment.
• Lost earning capacity if the injury affects your career path.
• Emotional and psychological harm: anxiety, depression, PTSD.

Families who lose loved ones may also recover damages for lost guidance, companionship, and financial stability.

We’ve seen clients who at first only worried about hospital bills later face job changes, relocation costs, and therapy for trauma. Compensation is meant to cover that entire picture, not just the initial ER visit.

Can I Sue if a Road Hazard Caused My Crash

Yes, but road hazard cases can be more complicated than suing a negligent driver.

If you crash because of a pothole in the Bronx, responsibility may rest with the City of New York. That means filing a notice of claim within 90 days under General Municipal Law § 50-e. If the hazard is on a state highway, the Court of Claims process applies. If the hazard is on federally maintained property, you’re back under the FTCA.

Winning these cases means proving that the city, contractor, or agency knew, or should have known, about the hazard and failed to act. Evidence is crucial:

• Photos of the pothole or debris.
• Records of prior complaints.
• Maintenance logs or inspection reports.

Without that, it’s easy for agencies to argue the hazard appeared too suddenly to be fixed. With it, negligence becomes clear.

Horn Wright, LLP, Provides Straightforward Answers for Cyclists

After a crash, cyclists don’t need complicated lectures, they need clear answers. Am I entitled to compensation? Do I have enough time to file? What if the driver was a city employee? These aren’t abstract questions. They’re the things keeping victims up at night.

At Horn Wright, LLP, our personal injury attorneys take pride in answering those questions directly. We explain the rules in plain language, map out the deadlines, and build cases that hold negligent drivers, cities, and agencies accountable.

When cyclists call us, they don’t just want legal help, they want reassurance that someone will stand up for them. That’s what we provide. Straight answers, strong advocacy, and a clear path forward.