Understanding Bicycle Right-of-Way Laws

Right-of-Way Laws Protect Cyclists From Negligent Drivers

Every cyclist knows the tension of rolling up to an intersection while cars crowd the lane. You’ve got the light, the legal right to continue, but too often drivers act as though you’re invisible. That’s exactly what right-of-way laws are designed to prevent.

These laws aren’t technicalities, they’re shields. They ensure cyclists can move safely, whether crossing at a green, using a bike lane, or traveling straight through while drivers turn. Without them, roads would be chaos for vulnerable riders.

At Horn Wright, LLP, our personal injury attorneys have handled case after case where a driver failed to yield. Those drivers weren’t just ignoring etiquette; they were breaking the law. And when that failure caused harm, we stepped in to enforce the rights cyclists should never have to beg for.

New York Right-of-Way Rules for Cyclists

New York law treats bicycles as vehicles in most situations, which means cyclists enjoy the same rights, and must follow the same obligations, as drivers. But lawmakers also recognize that riders are more vulnerable, so certain protections go further.

Key right-of-way rules include:

• Drivers must yield to cyclists proceeding straight through intersections when making a left turn.
• Motorists turning right across a bike lane must first yield to cyclists traveling in that lane.
• Vehicles entering from alleys, driveways, or side streets must yield to cyclists on the main road.
• Cyclists in crosswalks, when riding with pedestrian signals, have the right-of-way.

New York City also enforces local provisions, such as yielding to cyclists in designated lanes. When a driver ignores these laws, it can establish clear negligence.

Federal cases add another layer. If a government-operated vehicle, like a postal truck, fails to yield, the Federal Tort Claims Act (FTCA) allows injured cyclists to sue the federal government. The same rules apply, but the process is stricter, with notice deadlines and administrative filings required before court.

How Drivers Often Violate Cyclist Right-of-Way

Despite clear laws, violations are routine. In crowded intersections, drivers misjudge a cyclist’s speed, cut across bike lanes, or assume riders will stop when they shouldn’t have to.

Typical violations include:

• A driver speeding through a yellow light and striking a cyclist who had the right to proceed.
• Cars turning right on red, ignoring cyclists traveling straight through on green.
• Vehicles creeping past stop signs and colliding with cyclists already in the intersection.
• Drivers swinging wide left and entering bike lanes without checking mirrors.

Each of these isn’t just reckless, it’s a violation of New York’s Vehicle and Traffic Law. Courts treat those infractions as strong evidence of negligence.

Cyclists often feel invisible in these scenarios. But the law is clear: if you had the right-of-way, the driver had the duty to respect it.

Evidence That Proves a Right-of-Way Violation

After a crash, it’s common for drivers to insist the cyclist “came out of nowhere.” That’s where evidence becomes vital.

Evidence can include:

• Traffic camera or surveillance video showing the light sequence or lane use.
• Police reports noting the driver’s failure to yield.
• Witness statements confirming the cyclist entered legally.
• Physical evidence, like skid marks or the point of impact, consistent with a yield violation.
• Phone records if distraction played a role in the failure to notice the cyclist.

Under New York civil procedure, attorneys can subpoena records and request municipal video footage. If a federal vehicle was involved, evidence must be included in the administrative FTCA claim; you won’t get another chance to add it later.

The strongest cases combine video, eyewitness testimony, and official records. Together, these pieces of evidence leave little room for drivers, or insurers, to claim otherwise.

New Hampshire Applies Narrower Right-of-Way Protections for Cyclists Than New York

Cross the border into New Hampshire, and the protections narrow. While New York law clearly spells out right-of-way obligations for motorists around cyclists, New Hampshire’s statutes are less cyclist-specific. That difference often tilts cases in favor of drivers.

Two key distinctions matter:

• In New Hampshire, right-of-way provisions sometimes defer more to motorists, requiring cyclists to yield in situations where New York law would have protected them.
• New Hampshire’s comparative negligence rule is stricter. If a cyclist is found more than 50% responsible, recovery is barred. In New York, cyclists can recover even if largely at fault, though damages are reduced.

This legal gap can mean the same exact collision, say, a car cutting across a bike lane, results in recovery in Albany but none in Concord. Riders near the border must know these differences, because jurisdiction can change everything.

Justice Options for Victims of Right-of-Way Violations

If a driver fails to yield and you’re injured, New York law provides multiple pathways to justice.

The first layer is no-fault insurance, which covers medical costs and partial wages if a motor vehicle was involved. But serious injuries, fractures, disfigurement, or permanent impairment, allow you to step outside no-fault and sue the driver directly. That’s where compensation for pain, suffering, and long-term consequences becomes available.

Victims may also seek punitive damages if the driver’s conduct was outrageous—like running a red light while texting. When the at-fault vehicle is municipal or federal, filing deadlines are shorter. A notice of claim with a city must be filed within 90 days; FTCA claims against federal entities must be lodged administratively before suit.

Justice isn’t just about money. It’s about accountability. Holding a negligent driver responsible enforces the very laws designed to keep cyclists safe.

Why These Laws Must Be Strictly Enforced

Right-of-way laws only work if they’re more than words on paper. Strict enforcement makes drivers pause before rushing a turn. It makes them double-check mirrors before merging into bike lanes. When courts uphold these rules, it sends a message that cyclists aren’t second-class road users.

Every verdict and every settlement tied to a right-of-way violation reinforces the principle: roads belong to cyclists too. And with more enforcement comes cultural change, drivers begin to expect bikes in intersections, respect bike lanes, and share the road as the law requires.

These protections exist because the stakes are high. A failure to yield that might cause a fender-bender between two cars can leave a cyclist permanently injured. Strict enforcement isn’t optional, it’s essential.

Horn Wright, LLP, Protects Cyclists’ Right-of-Way in Court

You followed the rules. The light was yours, the lane was yours, and yet you ended up in the hospital because a driver refused to yield. That’s not just unfair, it’s unlawful.

At Horn Wright, LLP, our personal injury attorneys take on right-of-way violation cases across New York. We dig into traffic footage, subpoena records, and hold drivers accountable for ignoring the rules that keep cyclists safe.

We know how devastating these crashes are, and we know how to fight for justice in court. If your right-of-way was stolen, we’ll make sure your voice isn’t.