Bicycle Accidents2018-06-07T12:24:07+00:00


Most bicycle accidents in New York City (and the five boroughs of Queens, Brooklyn, Manhattan, The Bronx and Staten island) are caused by a collision with a vehicle such as a private car, truck, taxi, bus or truck.  It is unfortunate that the police often wrongfully conclude that the bicycle accident was caused by the bicycle rider rather than the vehicle. An experienced Bicycle Accident Personal Injury Attorney in Queens can help you win your case even with an unfavorable police report.  You will need top-notch representation by a Bicycle Accident Lawyer to turn this around!


Insurance coverage for bicyclists is tricky.  Your no-fault benefits should be paid by the car that hit you.  If that vehicle was uninsured, and you have a “car in your household,” the no-fault benefits will be paid by your insurance company (who is not allowed to raise your rates due to this type of claim.)  If there is no insurance at all, there is a state fund called MVAIC that will pay benefits. Your bodily injury claim will be against the vehicle that hit you, and the same scheme will apply if they have no insurance.  You will have an uninsured motorist claim against your own company. If there’s no insurance, MVAIC will cover the loss.


If your collision was with a government vehicle, there are very short time periods to a file a “Notice of Claim” and to file a lawsuit.  A Notice of Claim against the City of New York must be filed within 90 days of the accident. Of course, it must be filed with the proper information and procedures.  The statute of limitations for filing a lawsuit for personal injuries in New York is 3 years, but against the City, it is only a year and 90 days. Missing these deadlines can obliterate your case.These deadlines also apply if your bike accident in Queens, or other parts of New York City, was caused, even in part by defects in the road.  Some defects that can cause of contribute to bike accidents are:

  • Potholes
  • Broken or improperly functioning traffic lights
  • Poor placement of telephone poles
  • Trees planted too close to the roadway
  • Foliage obstructing stop signs or other signs
  • Lack of a properly designed shoulder
  • Improper design or placement of median barriers
  • Improper lane width
  • Improperly designed intersections
  • Narrow bridge abutments
  • Uncovered ditches or obstructions or poor drainage
  • Construction site violations

If you bike accident was even partially caused by a defect, you should get photos of the defect as soon as possible.  Once owners are aware that a defect played a role in an accident, they might correct it, making it much harder to prove.

If you, or somebody you care about, was injured in a bicycle accident in Queens, or anywhere else in New York City, you need an experienced Personal Injury Lawyer to help you collect what you deserve.  At Wittenstein & Wittenstein, we offer you a free consultation. Please call us at 718-261-8114.