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What to Do After a Bicycle Accident in NYC?

what-to-do-after-bicycle-accident-in-nyc

Bicycle accidents in New York City are more frequent than many local riders realize. For instance, in 2024, over 5K cyclists were injured in biking crashes across the city, and 24 people lost their lives in cycling collisions. This data would certainly make an avid rider wonder about what to do after a bike accident in NYC to secure their physical, mental, and legal well-being.

Whether you are cruising through Manhattan or heading back home in Queens, your initial steps matter. Today, we will guide you on the best course of action to protect your health and receive the compensation you deserve.

Immediate Steps After a Bike Accident in NYC

After a bicycle accident, things feel as if they are moving much faster than they should. That is why it is so important to focus on one thing at a time. When you end up injured on the side of the road, nothing beats staying safe. The rush of adrenaline can mask your true condition, so you shouldn’t trust your immediate feelings. Rather, rely on logic and wait for a trained specialist to assess you. This brings us to the second step — alerting emergency services and waiting for their arrival.

Move to Safety, Check for Injuries, and Inspect Your Helmet

The simplest way to ensure safety after a bike crash in NYC would be to move away from the road. Look for a sidewalk, driveway, or at least a shoulder in the vicinity. However, that isn’t an option if you see or feel that you are seriously hurt. In that case, stay put but try to make yourself visible to other traffic.

While you are waiting for the EMS, you can assess your condition. First, check yourself for open wounds, cuts, and scrapes. Then look at your helmet, as it can help you determine if you have a traumatic brain injury, like a concussion. If the headgear has cracks, dents, or other marks that weren’t there before, chances are you have injured your head.

The severity of head trauma can only be assessed by a trained medical professional. That is why it is so important to ask for medical and police dispatch when you call 911 after a bike accident in NYC.

If you notice an open wound, ask those around you whether they have a first-aid kit to control the bleeding before the first responders arrive. Once emergency services arrive at the scene, they will further stabilize you and document them in detail, creating an official record that ties your trauma to the accident.

File a Police Report

The authorities usually arrive with the paramedics, but it doesn’t hurt to call the police after a bicycle accident and request them to come to the site. The officers will assess the scene and document it in detail. You should also give an official statement of what happened while your memory is fresh and you are not second-guessing anything.

The key is to stick to the facts when you report a bike accident to the NYC police. You should neither apologize and unknowingly take the blame for the accident nor point a finger at the other party and claim it is all their fault. After an officer records your statement, ask them for a police report number so that you can later retrieve the copy and add it to your evidence list.

Important: The state of New York recognizes the negligence per se rule. Under the rule, a person who violates any traffic law that causes injury to another person will be automatically deemed negligent. If the driver ran a red light or missed a stop sign, you should report it to the officer.

Gather Evidence and Document the Scene

Evidence can disappear fast — vehicles are moved from the site after the crash, skid marks fade, and witnesses leave. That is why it is so important to document the collision scene in as much detail as possible. If you are badly injured in the crash and cannot take any photos or record videos, ask a third party to do that for you.

Photograph, Record Video, and Save Digital Evidence

Now that you know that you have to gather evidence after a bike accident in NYC, you may wonder where you should begin. If your phone wasn’t shattered in the crash, you can use it to document a bike crash in NYC.

Record the Scene

Videos and photos from the accident scene right after the bicycle crash in NYC can corroborate your version of events and prove the other party’s liability. That is why, before the site clears out, you should take wide shots of the location, traffic lights, lane markings, and positions of your bicycle and the car involved. You may also want to take detailed close-ups of the driver’s license plate, damage to both vehicles, skid marks, broken glass, and your injuries. Take a slow 360° video of the area. A person’s memory can be far less reliable than a precise recording.

Assess the Area

Scan the surrounding area. If you notice any traffic cameras or business CCTV in the vicinity, note that. You can send official requests later to obtain traffic camera footage. Your lawyer can also send a business owner a special preservation letter to ensure their CCTV data is not erased before you can retrieve it.

If you’ve been using any special tracking apps like Strava or Garmin or had a GoPro on, make sure the recorded data does not get overwritten, since it can serve as additional digital evidence that supports your claim.

Find and Talk to Witnesses

If there are other people at the scene, approach them and ask them what they saw. Some witnesses of the bike accident in New York City may have captured the crash on camera, so you should inquire about obtaining a copy of the footage. Also, record their verbal statements and contact information, in case they need to testify in the future.

You may want to approach a police officer and point out that there are witnesses they can talk to. An official record of an eyewitness statement would carry even greater weight than personal notes. However, it may not be the best idea to approach the passengers of the vehicle involved in the collision and use their accounts as an unbiased source, as they are more likely to be unreliable.

Exchange Information with the Driver

It is important that you exchange info after a bike accident with the driver involved in it. As you approach them, ask for their full name, address, driver’s license number, and insurance information. To ensure you do not misspell anything, it is best to take photos.

It is also critical to determine whether the driver is the vehicle’s owner, as the two entities may differ. This can have a serious impact on liability when you file a personal injury claim.

If the driver states that they do not have a valid insurance policy, you will need their precise driver information after a bicycle crash to file a claim through New York’s MVAIC program.

Note: The police can do this for you. If you are badly injured or the other party is noticeably aggressive, it is best to leave the task to the authorities.

What Not to Say at the Scene?

Many injured victims apologize to other involved parties, assuming it is mere politeness. However, everything you say can and will be used against you. So, as you interact with the police, other drivers, or witnesses, do not minimize your injuries, guess about fault, or admit it. Any statement like ‘I’m fine’ or ‘I didn’t see them’ will go on record, and it will be difficult to set things straight later.

A few days after the accident, the insurance company will contact you. You should be cautious about this interaction. If they ask for a recorded statement, politely decline and consult a legal representative first. When you contact a lawyer after a bike accident in NYC, they will assess the case and point out potential facts the insurer can use to minimize the payouts.

Lastly, no matter the urge to complain about your situation on social media, don’t. The defense or insurance can twist a simple post to undermine your losses and decrease the potential accident settlement.

If the Driver Flees: Hit-and-Run Protocol

If you’ve been in a hit-and-run bike accident in NYC, the most critical part is not to chase the fleeing vehicle, even if you feel that you can. The best thing you can do is to write down everything you remember immediately — the car’s plate, even if you can remember only a few digits, make, model, and color, as well as the direction it sped off in.

The next important step is to call 911 and report the accident. Share the details you remember with the dispatcher so that the police have a better chance of catching the negligent driver. You will have to file a formal report with the police within 24 hours after the collision to qualify for MVAIC coverage in case the at-fault party can’t be located.

Get Medical Attention — Even If You Feel Fine

“If I can stand and move — I’m okay” — that is one of the most typical and misleading assumptions an injured cyclist can make. After all, some of the most dangerous conditions can be masked by adrenaline. Moreover, even a postponed ER visit gives insurance agents room for doubt.

Why Do You Need a Doctor Even When Nothing Hurts?

It may seem unnecessary to seek medical care after a bike accident in NYC if nothing hurts. However, some body chemicals, such as adrenaline and endorphins, may mask your actual physical state for hours, if not days.

Say, you hit your head on the pavement. The helmet is cracked, but you do not feel dizzy or nauseous. Does this mean you do not have a concussion or even a more serious traumatic brain injury? It certainly does not. A head injury after a bike crash in NYC can present itself 24–72 hours after the crash.

The same goes for such common injuries after bicycle accidents in NYC as broken or fractured bones. Swelling may take hours to develop, but even after it does, the victim can still confuse a broken wrist for a sprained wrist. The worst-case scenario concerns instances when bicyclists suffer internal organ damage. Mere stomach pain can be a sign of internal bleeding, which can lead to severe, if not fatal, consequences.

Lastly, the longer you delay the checkup, the greater the chance that the insurance company will claim your injuries weren’t that serious to begin with. Be sure to tell the doctor about any seemingly insignificant discomfort you feel after the crash so that your medical records are as precise and detailed as possible.

Track Everything — Bills, Records, and Recovery

As a doctor tracks your conditions, remember one simple rule: keep all medical bills after a bike accident in NYC that relate to your treatment. Also, save the following:

  • Specialist invoices
  • Prescription receipts
  • Insurance correspondence

Medical records usually play a pivotal part in a case. That is why you should ask every doctor you visit for copies of your treatment records. These can be physician notes, diagnostic reports, imaging results, therapy summaries, or photos of your injuries throughout recovery.

In addition to physical recovery, you should monitor your mental state. If you start to fear getting on the bike again, feel anxious, overwhelmed, or depressed, write these conditions down. Emotional damage is just as real and should be fully compensated.

File an Insurance Claim After Your NYC Bike Accident

Insurance coverage is one of the main sources of compensation after a bicycle accident in New York City. However, not all riders know that New York is a no-fault state, and they can pursue compensation regardless of who initiated the crash. The victim can file a claim with the driver’s insurance and recover at least part of their medical expenses and lost wages.

The no-fault approach makes it seem like things may not be that challenging. This assumption is not entirely correct. For one, the claims deadlines are strict, and most adjusters are eager to reduce or deny compensation.

File Your No-Fault Claim

To reap all the no-fault benefits after a bike accident in NYC, you need to act in an organized and fast manner :

Step 1: Identify the insurer

Ask the driver about their insurance company details. Personal Injury Protection coverage is mandatory in New York, so you can recover up to $50K for your injuries and loss of income.

Step 2: Open the claim

You have only 30 days to file a PIP insurance claim for a bicycle crash in New York. That is why you should contact the insurer as soon as possible and report the accident. When requesting compensation, ask the agent for a unique claim number to track the recovery process.

Step 3: Provide additional documents

Five days after receiving your notice of claim, the insurer will send you an Application for Benefits and a letter explaining the No-Fault coverage. You need to fill it out and return it to the insurer.

Step 4: Prepare for adjuster tactics

The insurance adjuster will reach out to you to discuss the claim and the compensation. They will try to convince you to accept an offer lower than your damages. That is why you may want to consult an attorney beforehand to determine how much your case is actually worth.

Special Situations

In some cases, you can’t rely on the driver’s insurance. Primarily, this concerns uninsured operators and hit-and-run drivers. In cases like that, you may need to file a claim after a bike accident in NYC with MVAIC or use personal underinsured motorist coverage.

Deadlines That Can Kill Your Claim

We’ve mentioned strict claims deadlines, so you may wonder how long you have to file an insurance claim in NYC. The answer is — it depends. Every type of insurance claim has its own deadline. However, the outcome is always the same — the victim loses their right to a fair settlement of the losses sustained.

Type of coverage Deadline If you miss
No-fault insurance claim 30 days You lose PIP benefits
Government entity claim 90 days You lose the right to sue the municipality
Hit-and-run (police report) 24 hours You lose the right to MVAIC coverage
Personal injury lawsuit 3 years Your compensation is permanently barred

No matter the type of coverage you choose to pursue, the clock starts ticking right after the accident. That is why it is better to have a committed lawyer by your side. They will handle the paperwork and ensure no deadlines are missed and no opportunities are lost.

When to Hire a Bicycle Accident Lawyer in NYC?

Not every NYC bike crash requires attorney assistance. If you’ve been in a collision without serious damage, where the liability is clear or is covered by PIP insurance, you can handle it on your own. However, there are instances when a personal injury lawyer after a bike crash in NYC is an absolute must. For instance:

  • You’ve sustained severe injuries, and the treatment cost goes far beyond PIP coverage
  • The insurance company delays or denies no-fault benefits
  • The driver is uninsured, underinsured, or you are dealing with a hit-and-run case
  • You want to pursue pain and suffering or lost wages beyond PIP limits
  • You’re partially at fault for the accident, but you wish to maximize your settlement
  • The insurance negotiations fail, and you wish to take the claim to trial

If you still feel confused about which category your case belongs to, you can always contact a lawyer after a bike accident in NYC for a free consultation and have your legal position professionally evaluated.

Important: Many bike attorneys in New York work on a contingency fee basis, which means you do not have to pay upfront service fees. You will pay only after the case is successfully resolved.

Ready to Get Started?

If you’re a cyclist who has been in an accident, call today for a free initial consult about your legal claim. We’re here to help with your legal questions. Contact our law firm for coast-to-coast bike accident and personal injury representation.

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FAQ
Can I Handle the Case Without a Bicycle Accident Lawyer?

It is possible to deal with a bike accident case on your own. However, the risk of jeopardizing the claim and agreeing to a minimal settlement is high. Most legal experts work on a no-win, no-fee basis and offer free case evaluations these days. A mere phone call can change the final outcome of your case.

What Are the Time Limits for Claiming a Settlement in a Bike Accident?

Every state has a specific statute of limitations for a bicycle accident claim. The timeframe varies from one to four years. In New York, the deadline for a personal injury claim is three years from the date of the incident.

When Should I Contact a New York Bicycle Accident Lawyer?

There isn’t a precise period within which you must consult a legal representative on the case. Yet, early legal advice will ensure that you are aware of your rights and claim-related deadlines. Moreover, timely consultation will rule out a chance of potential mistakes that can negatively affect your case.

Get a FREE case evaluation today

If you’re a cyclist who has been in an accident, call today for a free initial consult about your legal claim. We’re here to help and offer coast-to-coast representation.

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