Long Island Bicycle Accident Lawyer

Bicycle Accident Lawyer Long Island, NY

Cyclists on Long Island share the road with cars, trucks, buses, and rideshare vehicles on roads that were never designed with bikes in mind. When a driver isn’t paying attention, opens a door without looking, or turns across a bike lane, the cyclist absorbs the full impact. No metal frame. No airbag. No crumple zone. Just a body against pavement. The injuries are devastating. And the driver’s insurer will try to blame you for being on a bike in the first place.

New York law gives cyclists the same rights as motor vehicle drivers. It also gives them access to no-fault benefits through the at-fault vehicle’s insurance, a protection that motorcyclists don’t have. But getting those benefits, and pursuing the full value of your claim beyond them, requires knowing how the system works and who to file against. At Isaacson, Schiowitz & Korson, LLP, we have represented accident victims on Long Island since 1978. We take every bicycle accident case on contingency. If you need a bicycle accident lawyer Long Island, NY cyclists trust, call us for a free consultation. You pay nothing unless we win.

How New York Law Treats Bicycle Accidents

Bicycle accident cases in New York occupy a unique legal space. Cyclists aren’t motor vehicle operators for insurance purposes, but they’re treated as vehicles on the road. That distinction creates a set of rules that apply only to bike crash claims.

Cyclists have the same rights as drivers. Under VTL § 1231, anyone riding a bicycle on a New York roadway has all the rights and is subject to all the duties of a motor vehicle driver. That means you can use the full lane when necessary. It also means drivers are required to respect your presence on the road. When they don’t, and you get hurt, they’re liable.

No-fault covers cyclists. Unlike motorcycle accidents, where riders are excluded from no-fault entirely, bicycle crashes involving a motor vehicle are covered. The at-fault vehicle’s insurance must pay up to $50,000 in PIP benefits for your medical expenses and a portion of lost wages, regardless of fault. You have 30 days from the crash to file the no-fault application (Form NF-2) with the vehicle’s insurer. Missing that deadline can result in denial of benefits.

Serious injury threshold applies. To step outside no-fault and pursue a full lawsuit for pain and suffering, your injuries must meet the serious injury threshold under Insurance Law § 5102(d). That includes fractures, significant disfigurement, permanent limitation of use of a body organ or member, or an injury that prevents you from performing substantially all of your daily activities for at least 90 of the 180 days following the crash. Given the severity of most bicycle-versus-car injuries, this threshold is typically met.

Helmet rules are limited. Unlike motorcycles, New York only requires helmets for cyclists under 14, under VTL § 1238. That same statute explicitly states that failure to comply “shall not constitute contributory negligence or assumption of risk” and cannot diminish damages. For adult riders, not wearing a helmet is legal. But insurers may still try to argue it should reduce your damages for head injuries. A strong attorney will push back on that.

Drivers must exercise due care. VTL § 1146 requires every driver to exercise due care to avoid colliding with any bicyclist on any roadway. This statute creates an affirmative duty. It’s not just about not being negligent. It’s about actively watching for cyclists.

The statute of limitations is three years under CPLR § 214. Comparative negligence under CPLR § 1411 allows you to recover even if you share fault, reduced by your percentage of responsibility.

Why Choose Isaacson, Schiowitz & Korson for Bicycle Accident Cases?

We Build Cases That Counter Anti-Cyclist Bias

Adjusters look for reasons to blame the rider. Were you in the bike lane? Were you signaling? Were you wearing reflective gear? Sometimes those questions are relevant. Often they’re just deflection. Our Long Island injury attorneys know how to refocus the claim on what the driver did wrong: the failure to yield, the distracted phone use, the door flung open without looking, the right turn across the bike lane without checking.

Experienced Litigators

Martin Schiowitz co-founded this firm in 1978 and has spent over five decades trying injury cases across Long Island. J.D. from New York Law School. Admitted in 1973. Peer-selected Super Lawyer. Member of the NYSTLA and the New York State Academy of Trial Lawyers.

Jeremy Schiowitz worked defense before switching to the plaintiff side. He knows how insurers build arguments against injured cyclists and he dismantles them. Over 16 years litigating. J.D. from Brooklyn Law School. Super Lawyer since 2014. Top One Percent, NADC. 10 Best Attorneys in New York.

Recoveries Exceeding $200 Million

Our firm’s total recoveries across all practice areas exceed $200 million. Bicycle accident cases can produce significant recoveries, particularly when the injuries are severe and the driver’s liability is clear. We pursue every dollar from every available source: the driver’s liability policy, your own UM/UIM coverage, and any additional liable parties.

You Pay Nothing Unless We Win

Contingency fee. Free consultation. No retainer. No hourly rate. If we don’t recover for you, you owe us nothing.

What Our Clients Say

★★★★★

“I cannot say enough about Jeremy!! His patience, kindness and concern was amazing. His Attention to detail and communication was top notch! I highly recommend him and he deserves 5 stars!” — Sandra Ferraiola

Read more reviews on our Google Business Profile.

Types of Bicycle Accident Cases We Handle on Long Island

Nassau and Suffolk Counties have a growing network of bike lanes and shared-use paths, but much of Long Island’s road infrastructure still forces cyclists to share space with fast-moving vehicle traffic. Here are the crash types we see most often:

• Dooring accidents. A driver or passenger opens a car door directly into the path of an approaching cyclist. VTL § 1214 prohibits opening a vehicle door in a way that interferes with traffic, and that includes bicycles. The cyclist hits the door, gets thrown from the bike, or swerves into traffic to avoid it. These crashes are sudden and violent, often causing broken collarbones, facial injuries, and traumatic brain injuries.
• Left-turn collisions. A driver turning left at an intersection fails to see the oncoming cyclist and turns directly into their path. The driver’s failure to yield violates VTL § 1141. Liability is usually clear, but the insurer will look for any reason to assign fault to the cyclist.
• Right-hook crashes. A driver passes a cyclist and then immediately turns right, cutting across the cyclist’s line of travel. The rider is squeezed between the turning vehicle and the curb. These crashes happen constantly at intersections along routes like Hempstead Turnpike, Merrick Road, and Jericho Turnpike. Drivers often claim they didn’t see the cyclist, but VTL § 1146 imposes an affirmative duty to watch for cyclists, and the failure to check before turning is a clear violation.
• Rear-end collisions. A distracted or inattentive driver strikes a cyclist from behind. Without any protection, the cyclist is thrown from the bike or run over. These are among the deadliest bicycle crashes. The driver who rear-ends a cyclist is almost always at fault. Twilight hours during spring and fall, when visibility drops and commuters share the road with cyclists, are the highest-risk periods on Long Island.
• E-bike and electric scooter crashes. The rise of electric-assist bicycles and e-scooters on Long Island has added a new layer to bicycle accident litigation. E-bikes travel faster than traditional bicycles, and the laws governing them are still evolving. If you were riding an e-bike when a car hit you, the same no-fault and liability rules generally apply, but classification disputes about your vehicle type can complicate the claims process.
• Truck and bus collisions. Commercial vehicles have massive blind spots. When a truck or bus turns and a cyclist is alongside, the results are often catastrophic. The size and weight disparity means the cyclist has almost no chance of avoiding serious injury.
• Rideshare vehicle crashes. Uber and Lyft drivers who pull over abruptly, double-park in bike lanes, or open doors into traffic create constant hazards for cyclists on Long Island. These cases involve the TNC insurance framework in addition to standard liability theories.
• Road hazard crashes. Potholes, broken glass, uneven pavement, storm drain grates oriented parallel to traffic. Conditions that a car barely notices can flip a bicycle instantly. When the hazard results from government negligence, a claim against the municipality is possible, but the 90-day notice of claim deadline under General Municipal Law § 50-e applies.
• Hit-and-run crashes. The driver who hits a cyclist and flees. If the driver is never found, the cyclist may file a claim through MVAIC (Motor Vehicle Accident Indemnification Corporation), provided the crash was reported within 24 hours or as soon as reasonably possible. Your own UM coverage also applies.
• Bicycle accident wrongful death. When a cyclist is killed by a negligent driver, the family has two years to file a wrongful death claim. These cases demand immediate legal action to preserve evidence and identify all responsible parties.

What Damages Can You Recover After a Bicycle Accident on Long Island?

The no-fault PIP benefits cover your first $50,000 in medical expenses and lost wages. Beyond that, if your injuries meet the serious injury threshold, you can pursue the full range of damages against the at-fault driver.

Economic damages include everything with a dollar figure attached. ER treatment. Surgery. Orthopedic care. Physical therapy that goes on for months. The bicycle itself, which in many cases costs several thousand dollars or more. Cycling computers, helmets, shoes, and other equipment destroyed in the crash. Lost wages during recovery. Future medical expenses your doctors say you’ll need. Diminished earning capacity if the injuries prevent you from doing the work you did before. If the crash leaves you with a permanent disability that changes your career trajectory, the economic impact extends over decades.

Non-economic damages cover what the numbers don’t capture. The pain of recovering from a compound fracture. Permanent scarring from road rash. The fear of riding again. The daily frustration of a body that doesn’t work the way it used to. A traumatic brain injury that changes your cognition. A rib fracture that aches every time you take a deep breath. New York doesn’t cap non-economic damages, and in severe bicycle crash cases, these damages often exceed the economic losses.

Punitive damages are rare but possible when the driver’s conduct was egregious: drunk driving, texting while driving, intentional road rage against a cyclist.

What to Do After a Bicycle Accident on Long Island

1. Call 911. Get a police report. It documents the scene, the vehicles, the conditions, and the driver’s information. If the driver tries to leave, get the license plate number.
2. Get medical attention right away. Even if you feel okay. Concussions, internal injuries, and fractures don’t always announce themselves immediately. The medical record linking your injuries to this crash starts at the ER or urgent care.
3. Get the driver’s insurance information. You need it to file the no-fault application within 30 days. Without the vehicle’s insurance information, accessing PIP benefits becomes much harder.
4. Document the scene. Photos of the vehicles, the bike, the road surface, the intersection, debris, your injuries, and your damaged gear. If the crash happened because of a road defect, photograph that too.
5. Collect witness information. Names, phone numbers, and brief descriptions of what they saw. Witnesses who confirm the driver’s negligence are critical, especially when the insurer tries to blame the cyclist.
6. Preserve your bike and gear. Don’t repair or discard anything. The bike frame, the helmet, your clothing — they’re all evidence of the force of impact and the nature of the crash.
7. File the no-fault application (NF-2). You have 30 days. This triggers PIP benefits that cover your medical bills and lost wages while the liability claim is pursued. Missing the deadline can cost you up to $50,000 in benefits.
8. Don’t give a recorded statement to the driver’s insurer. Everything you say will be used to reduce your claim. Speak with a bicycle accident attorney first.
9. Contact a bicycle accident lawyer. A Long Island bike crash attorney can manage the no-fault claim, pursue the liability case against the driver, identify all insurance sources including your own UM/UIM coverage, and handle the legal process while you focus on healing.

Bicycle Accident Statistics on Long Island

Cyclist fatalities remain a persistent problem on Long Island and throughout New York. According to the NHTSA, 1,105 cyclists were killed in traffic crashes nationally in 2022. The CDC reports that over 130,000 cyclists are injured in crashes annually in the United States, and bicycle deaths have been trending upward over the past decade.

The NYS Comptroller’s office documented rising traffic fatalities statewide from 2019 through 2022. Long Island’s mix of high-speed arterial roads, suburban intersections, and limited dedicated cycling infrastructure creates particularly dangerous conditions for riders. Routes like Sunrise Highway, Route 25A, Northern Boulevard, and Montauk Highway carry heavy vehicle traffic and have minimal separation between cars and bikes in many sections.

The NYS Department of Transportation has been expanding bicycle infrastructure across the state, but progress on Long Island has been uneven. Many Nassau and Suffolk County roads still lack bike lanes, shoulders, or any form of cyclist accommodation. That infrastructure gap contributes directly to the crash numbers. Cyclists are forced to share travel lanes with vehicles moving at 40, 50, even 60 miles per hour on roads where the speed limit alone makes a collision potentially fatal. Until the infrastructure catches up, the legal system is the primary mechanism for holding negligent drivers accountable.

Bicycle Accident Lawyer Long Island FAQs

Do cyclists get no-fault benefits in New York?

Yes. When a bicycle crash involves a motor vehicle, the vehicle’s no-fault insurance covers the cyclist’s medical expenses and lost wages up to $50,000 regardless of fault. This is a key difference from motorcycle accidents, where riders are excluded from no-fault entirely. You must file the NF-2 application within 30 days.

Do I have to wear a helmet as an adult cyclist?

No. New York’s helmet law only applies to riders under 14 under VTL § 1238. The statute explicitly says failure to comply cannot be used to reduce damages. But for adult riders, insurers may still argue that not wearing a helmet contributed to head injuries. A skilled attorney can counter that argument.

What if the driver who hit me fled the scene?

Report the crash to police immediately. If the driver is never identified, you may be able to file a claim through MVAIC, which compensates victims of hit-and-run and uninsured driver crashes. Your own UM coverage also applies. The crash must be reported within 24 hours or as soon as reasonably possible.

Can I sue if I was riding outside the bike lane?

Yes. VTL § 1234 requires cyclists to ride near the right-hand curb or in a usable bike lane, but exceptions exist for unsafe conditions, preparing for a left turn, or when the lane is obstructed. Riding outside the bike lane doesn’t bar your claim. It may affect comparative fault, but an attorney can minimize that impact by documenting why you were where you were.

What if the road condition caused the crash?

Potholes, broken pavement, improperly oriented drain grates, debris — if a government entity failed to maintain the road and that failure caused your crash, you can file a claim against the municipality. The 90-day notice of claim deadline is strict.

What is the dooring law?

VTL § 1214 prohibits opening a vehicle door on the traffic side unless it can be done safely. A driver or passenger who doors a cyclist violates this statute. That violation is strong evidence of negligence and often establishes liability by itself.

Can I recover if I was partly at fault?

Yes. Under CPLR § 1411, your damages are reduced by your percentage of fault, but your claim isn’t eliminated. Even at significant fault levels, you still recover the remainder.

What if I don’t own a car?

You can still access no-fault through the vehicle that hit you. If the driver was uninsured or fled, MVAIC may provide coverage. If a household member owns a vehicle with UM/UIM coverage, that policy may also apply. Many cyclists who don’t own cars overlook this potential coverage source. An attorney will identify every available policy.

How much is my bicycle accident case worth?

It depends on injury severity, medical costs, lost income, and pain and suffering. Bicycle crashes that produce fractures, TBIs, or permanent scarring regularly result in six-figure recoveries. Cases involving wrongful death or catastrophic injury can reach into the millions.

How much does a bicycle accident lawyer cost?

Nothing upfront. Nothing during the case. Our fee is contingency-based. If we don’t win, you don’t pay.

Local Resources for Bicycle Accident Victims on Long Island

The following resources may be helpful after a bicycle crash on Long Island. Inclusion does not constitute an endorsement by Isaacson, Schiowitz & Korson, LLP.

• Nassau County Police — (516) 573-7000
• Suffolk County Police — (631) 852-6000
• NYS DOT Bicycle Info — Cycling safety and infrastructure information
• NYU Langone–Long Island (Level 1 Trauma, Mineola) — (516) 663-0333
• Stony Brook University Hospital (Level 1 Trauma, Stony Brook) — (631) 444-4000
• New York State Courts — Nassau and Suffolk County Supreme Courts

Contact Isaacson, Schiowitz & Korson

You had every right to be on that road. The driver who hit you violated the law and their basic obligation to watch for cyclists. We hold them accountable. Free consultation. Contingency fee. We’ve been doing this for over four decades and we know how to get results for injured cyclists on Long Island. Contact us today.