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Cycling is popular in New York City. About 620,000 cycling trips are made in NYC each day. About 1.8 million people (28%) of adult New Yorkers ride a bicycle. With that many cyclists on the road, it is unsurprising that cyclists have numerous protections and rights on New York streets. Our New York bicycle accident attorney reviews some of the rights and protections cyclists have in this blog.
Understanding Cyclist Rights Under New York Law
According to the New York Vehicle & Traffic Code §1231, bicyclists riding upon a roadway have the same rights granted to drivers of vehicles. Bicyclists are also subject to the same duties and traffic laws as motorists, unless a specific bicycle law states otherwise. Article 34 explains the rules of the road for bicyclists in New York. For example, key bicycle laws every rider needs to understand and follow include:
- Bicyclists must ride on a permanent and regular seat attached to the bicycle (NY §1232)
- Bicycles should not carry more persons at one time than the bicycle is designed and equipped to carry (NY VTL §1235)
- Riders must use a bicycle lane if provided and, if not, ride near the right-hand curb or edge of the roadway
- Bicyclists must stop fully before entering a roadway from a private road, alley, driveway, or over a curb
- Riders cannot carry articles that prevent them from keeping at least one hand on the handlebars
- All bicycles must be equipped with the required lamps, bells, brakes, reflectors, and other devices (NY VTL §1236)
- Riders must use the approved hand signals to indicate direction
- Bicycle helmets must be worn in accordance with the law for bicycle riders (NY VTL §1238)
Bicyclists are expected to know and follow New York traffic laws for riding bicycles on roadways and in public areas. More information on Bicycling in New York can be found on the New York State DOT website.
Legal Duties of Drivers of Motor Vehicles to Cyclists in New York
Drivers of motor vehicles in New York have specific responsibilities and rules for sharing the road with bicycles. Motorists must exercise due care to avoid colliding with cyclists. Therefore, they should avoid distracted driving, impaired driving, and other reckless driving behaviors that could cause a bicycle accident.
It is illegal to open doors into traffic unless it is safe to do so under dooring laws in New York. Accidents caused by motorists opening doors in the path of a cyclist are called “dooring” accidents. Drivers should only pass bicyclists when they have a safe distance to overtake the cyclist.
Reporting Bicycle Accidents in New York City
Nearly one-half of the traffic deaths in NYC involved bicyclists and pedestrians. Thousands of cyclists are injured and killed each year in traffic accidents. Bicyclists have very little protection from injuries. Therefore, crashes cause catastrophic injuries, including broken bones, fractures, traumatic brain injury, disfigurement, spinal cord injuries, and organ damage.
Report a bicycle accident by calling 911 just like you would for any other accident. If possible, take photographs of the accident scene and ask witnesses for their contact details. Never admit fault while speaking with the police officer and avoid discussing the case with anyone other than an attorney.
Seek immediate medical treatment for your injuries. Failing to see a doctor for prompt treatment could hurt your personal injury case. You must prove that your injuries were caused by the car accident.
Seeking Compensation for a New York Bicycle Accident
Even though New York is a no-fault insurance state, you may have a claim against the driver who caused your bicycle accident. A bicycle accident claim can include economic damages for financial losses such as out-of-pocket expenses, loss of earning capacity, lost wages, and medical bills. In addition, you could receive non-economic damages for your pain and suffering, scarring, emotional distress, and diminished quality of life.
However, you must prove the elements of a negligence claim to recover compensation. The insurance company and driver may try to blame you to avoid paying your claim under the legal theory of contributory fault. Speak with a New York bicycle accident attorney to discuss your legal options for recovering economic and non-economic damages.
Get Help from a Bicycle Accident Lawyer in New York
Have you been injured in a bike accident in New York? NYC bike laws protect cyclists’ rights in NYC. Contact Michael LoGiudice, LLP for a free consultation with our New York bicycle accident attorneys. You may receive bike accident compensation in New York.