Brooklyn Bicycle Accident Lawyers

New York Laws That Protect Cyclists on Brooklyn Streets

New York has specific laws that establish the rights of cyclists on public roadways and impose duties on drivers to avoid collisions with bicycle riders. These laws form the legal foundation of most Brooklyn bicycle accident claims.

Cyclists Have the Same Rights as Motor Vehicle Drivers

Under Vehicle and Traffic Law § 1231, every person riding a bicycle on a New York roadway has all the same rights and is subject to all the same duties as the driver of a motor vehicle. This means that cyclists have the legal right to use the road, and drivers must treat them with the same respect and caution they extend to other vehicles.

VTL § 1146 goes further, requiring drivers to exercise due care to avoid colliding with any bicyclist on any roadway and to give warning by sounding the horn when necessary. When a driver violates these provisions and strikes a cyclist, the violation may serve as evidence of negligence in a personal injury claim.

Dooring, Bike Lane Obstruction, and Other Common Violations

Brooklyn cyclists face hazards that go beyond standard traffic collisions. Several of the most common types of bicycle accidents in the borough involve specific violations of New York law:

• Dooring: VTL § 1214 prohibits opening a vehicle door on the side available to moving traffic unless it is reasonably safe to do so, yet dooring remains one of the leading causes of cycling injuries in Brooklyn
• Bike lane obstruction: NYC Traffic Rules § 4-08(e)(9) makes it illegal to stop, stand, or park a vehicle within a designated bicycle lane, forcing cyclists into traffic when delivery trucks, rideshare vehicles, or double-parked cars block the lane
• Failure to yield when turning: drivers who turn across a bike lane without checking for approaching cyclists violate the right-of-way laws and create one of the most dangerous collision scenarios for riders
• Unsafe passing: VTL § 1122 requires drivers to pass cyclists to the left and at a safe distance, yet close passes remain a constant hazard on narrow Brooklyn streets

Each of these violations may serve as the basis for a negligence claim when it leads to a cyclist’s injury. The law is clear that Brooklyn’s roads belong to cyclists and drivers alike, and when a driver fails to respect that shared space, the injured cyclist has the right to seek compensation.

Common Injuries Brooklyn Cyclists Suffer in Accidents

Cyclists have no protective barrier between their body and the road, the vehicle that strikes them, or the objects they may hit when thrown from the bike. Even at relatively low speeds, the injuries sustained in a Brooklyn bicycle accident may be severe and life-altering.

Types of Injuries Seen in Brooklyn Bike Crash Cases

The injuries that Finz & Finz handles in bicycle accident cases frequently include:

• Traumatic brain injuries and concussions, even when the cyclist was wearing a helmet at the time of the crash
• Fractures of the collarbone, wrist, pelvis, and femur, which are among the most common cycling injuries and may require surgery and extended rehabilitation
• Spinal cord injuries and herniated discs that may cause chronic pain, nerve damage, or paralysis
• Road rash and soft tissue injuries that may lead to scarring, infection, or the need for skin grafting
• Internal organ damage from blunt force impact with a vehicle, the pavement, or a fixed object

The severity of these injuries often means months of medical treatment, physical therapy, and time away from work. For commuter cyclists who depend on their bikes to get to their jobs, the financial impact of an accident extends well beyond the medical bills. 

An experienced Brooklyn bicycle accident attorney evaluates the full scope of your losses, including future medical needs and lost earning capacity, when building your claim.

How New York’s Comparative Fault Rule Affects Brooklyn Bicycle Accident Claims

New York follows a pure comparative negligence standard under CPLR § 1411. This means that even if the cyclist was partially at fault for the accident, they may still recover damages. The recovery is reduced by the percentage of fault assigned to the cyclist.

What Comparative Fault Means for Injured Cyclists

Insurance companies routinely argue that the cyclist contributed to the accident. The types of arguments that insurers and defense attorneys commonly raise in Brooklyn bike crash cases include:

• The cyclist was riding outside a designated bike lane when one was available
• The cyclist was not wearing a helmet at the time of the collision
• The cyclist failed to signal a turn or lane change before the crash
• The cyclist was riding against traffic or ran a red light
• The cyclist was wearing headphones in both ears, which violates VTL § 375(24-a)

While one or more of these arguments may reduce the amount of damages a cyclist recovers, they do not eliminate the claim entirely under New York law. Working with an attorney who understands how to counter comparative fault arguments with evidence from the scene, witness testimony, and applicable traffic laws strengthens your position against an insurer that has a financial incentive to shift blame onto the cyclist.

Filing Deadlines for Brooklyn Bicycle Accident Lawsuits

New York law imposes strict deadlines for filing personal injury claims after a bicycle accident. Missing these deadlines may permanently bar your case.

Statutes of Limitations and Notice Requirements

The filing requirements for Brooklyn bicycle accident claims depend on who caused the crash:

• For claims against a private driver or their insurer, the statute of limitations is three years from the date of the accident under CPLR § 214
• For claims against a city or municipal entity, such as New York City or the NYC Department of Transportation, a Notice of Claim must be filed within 90 days under General Municipal Law § 50-e, and the lawsuit must be commenced within one year and 90 days
• No-fault insurance benefits, which may cover medical expenses and lost wages regardless of who caused the accident, must be applied for within 30 days of the crash under New York’s no-fault law

Bicycle accidents involving city infrastructure, such as poorly maintained roads, missing bike lane markings, or construction hazards in the roadway, may involve claims against the municipality. The 90-day Notice of Claim deadline in those cases is extremely short and reinforces why speaking with an attorney soon after the accident matters.