Statute of Limitations for Bicycle Injury Claims

Filing Deadlines Can Make or Break Your Claim

When you’re recovering from a bicycle accident, time doesn’t feel like your enemy. The pain in your body, the medical bills arriving in the mail, and the uncertainty about when you’ll get back to work are what grab your attention. But there’s something else moving in the background, quietly shaping your future: the legal clock.

Every state sets deadlines for filing personal injury claims. They’re called statutes of limitations, and they aren’t suggestions. If you miss the deadline, no matter how badly you were injured or how clear the driver’s fault was, your case may never even be heard.

That’s why our team at Horn Wright, LLP, puts filing deadlines front and center from day one. As personal injury attorneys, we’ve seen heartbreaking cases where families had the evidence and witnesses they needed, but waited too long. The court never even opened the file. That’s how powerful these deadlines are, and why you can’t afford to ignore them.

Statutes of Limitations in New York Bicycle Cases

New York sets a general three-year statute of limitations for personal injury claims, spelled out in CPLR § 214. For most bicycle accidents involving a private driver or another individual, this is the timeline you’re working against. But the truth is, it’s not always that simple.

Here are a few key variations that can shorten the window:

• Wrongful death: If a cyclist dies because of crash-related injuries, the statute is two years from the date of death, under EPTL § 5-4.1. Families often don’t realize this difference until it’s too late.
• Municipal liability: If the case involves the City of New York, the Department of Transportation, or an agency like the MTA, the deadlines shrink dramatically. You must file a notice of claim within 90 days, and then bring the lawsuit within one year and ninety days. That’s less than half the usual time.
• State agencies: If the claim is against New York State, for example, a hazard on a state highway, the Court of Claims requires notice and filings that may be due within 90 days.

Take this example: a cyclist crashes in Queens because of a massive pothole. If it’s on a city street, the case is municipal and must follow notice-of-claim rules. If it’s on a state highway, it goes to the Court of Claims. If it’s on a private parking lot, it falls under the three-year personal injury statute. The location alone changes the timeline.

When the Clock Starts Running on Injury Claims

Most people assume the clock starts the day of the crash, and in many cases, it does. But New York law recognizes that injuries, circumstances, and even victims themselves can make the timeline more complicated.

Here’s how timing works in different situations:

• Children: When a child is injured, the statute of limitations doesn’t begin until they turn 18. However, this doesn’t stop the municipal notice requirements. So if your 12-year-old is hit by a city-owned truck, you still need to file that notice within 90 days, even though the lawsuit could technically wait until adulthood.
• Hidden injuries: Certain injuries, especially traumatic brain injuries, may not appear immediately. Courts sometimes use the “discovery rule” when harm isn’t obvious right away, though it’s limited in personal injury cases.
• Wrongful death: The timeline begins on the date of death, not the date of the accident. That distinction is critical in cases where someone survives the initial impact but later dies from complications.

Imagine a crash on the Grand Concourse in the Bronx. A cyclist is hit, suffers a concussion, and doesn’t realize the severity until months later when neurological symptoms appear. If the injury wasn’t discoverable at first, a court may extend the window. But relying on that exception is dangerous, it’s always better to act quickly.

Federal vs. State Deadlines for Victims

When the at-fault vehicle belongs to the federal government, say, a USPS truck delivering mail in Brooklyn or a military vehicle in transit, the rules change completely. Under the Federal Tort Claims Act (FTCA), you must:

• File an administrative claim within two years of the accident.
• Wait for the agency to respond. If denied, or if six months pass with no action, only then can you file in federal court.

That two-year window is strict. Courts don’t extend it, even if you were hospitalized or unaware of your rights. Compare this with New York’s three-year statute for private cases, and you see how quickly federal claims can slip away.

It also means a cyclist struck by an MTA bus in Manhattan follows one process, while a cyclist struck by a USPS van on the same block follows another. Different defendants, different deadlines, different courts.

Vermont Imposes Shorter Filing Deadlines Than New York

For cyclists near state borders, geography makes a huge difference. Vermont, unlike New York, often requires faster action. While the general statute for personal injury is three years, municipal liability claims may require notice within 90 days, with stricter interpretation than New York.

Vermont also enforces a modified comparative negligence rule: if a cyclist is more than 50% at fault, recovery is barred. In New York, a rider could be 70% at fault and still recover 30% of damages. That distinction can decide whether a family walks away with some support, or nothing at all.

For example, if a child crashes because of a poorly maintained crosswalk in Albany, New York law may allow recovery even if the child is partly at fault. But the same crash in Burlington could leave the family without options.

Securing Compensation Before Time Runs Out

Deadlines aren’t the only reason to move quickly. The longer you wait, the harder it becomes to build a strong case. Witnesses forget details. Storefront cameras erase footage. Maintenance logs disappear into filing cabinets.

Acting quickly allows attorneys to:

• Preserve physical evidence at the crash site.
• Request surveillance footage before it’s deleted.
• Subpoena phone or maintenance records tied to the incident.
• Lock in witness testimony while memories are fresh.

Insurers also know when the statute is close to expiring. If they sense you don’t have time to prepare for trial, they’ll lowball settlement offers. Filing early gives you leverage, not just compliance with the law.

Exceptions That May Extend Deadlines

While the statutes are strict, a handful of exceptions may pause or extend deadlines:

• Mental or physical incapacity: If the victim is unable to act because of a severe disability, courts may grant extra time.
• Military service: Federal law can toll deadlines for victims on active duty.
• Fraud or concealment: If the responsible party actively hides their role—for example, covering up road maintenance failures, the statute may pause until the truth is revealed.

But here’s the catch: exceptions are rare. Courts apply them narrowly. Counting on an exception instead of filing on time is a gamble most families can’t afford.

Horn Wright, LLP, Ensures Claims Are Filed on Time

The statute of limitations is unforgiving. Judges don’t bend it out of compassion, and insurers certainly won’t remind you of it. That responsibility falls on you, and on the attorneys you choose.

At Horn Wright, LLP, our personal injury attorneys keep track of every deadline from the moment a case arrives. Municipal notices, state filings, federal administrative claims, we handle them all, and we don’t let the clock close doors for our clients.

If you or a loved one was hurt in a bicycle accident in New York, don’t wait for time to run out. Every day matters. We’ll act fast to keep your case alive and fight for the compensation you deserve.