Pedestrian and Bicycle Accident Lawyer NYC

Pedestrian, bike and e-bike cases we take

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We take crashes that cause serious, lasting harm: brain and head injuries, spinal injuries, fractures that need surgery, amputations and deaths. Typical cases include:

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• Pedestrians hit in a crosswalk by a turning car, truck or bus

• Cyclists hit by an opening car door, a right-turning truck or a driver passing too close

• E-bike and scooter riders hit by cars and trucks

• Pedestrians hit by an e-bike, moped or delivery rider

• Hit-and-run drivers and drivers with no insurance

• City vehicles, New York City Transit buses and dangerous roadway defects

• Fatal crashes, through a wrongful death claim

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Of the 205 people killed in New York City traffic in 2025, 111 were pedestrians, according to NYC DOT's year-end count.

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Can a pedestrian or cyclist sue if hit by a car?

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Yes. Every driver must use due care to avoid colliding with any pedestrian or bicyclist on the roadway (Vehicle and Traffic Law § 1146(a)). Specific rules back that duty up:

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• A driver turning on a green light must yield to pedestrians lawfully in the crosswalk (VTL § 1111(a)(1)).

• Where there is no working signal, drivers must slow down or stop for a pedestrian in a crosswalk (VTL § 1151(a)).

• No one may open a car door on the traffic side until it is reasonably safe (VTL § 1214), the rule behind most "dooring" claims.

• A cyclist on the road has the same rights as the driver of a vehicle (VTL § 1231).

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In New York City, the Right of Way Law makes it a traffic infraction for a motor vehicle driver to fail to yield to a pedestrian or cyclist with the right of way, and a misdemeanor if the vehicle hits and injures that person, with fines, up to 30 days in jail and a City civil penalty (Admin. Code § 19-190). It does not apply if the driver's lack of due care did not cause the failure to yield or the injury, to legal e-bikes, which are not motor vehicles, or to City, State or federal vehicles actively doing work that requires them to block the right of way.

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Neither that law nor VTL § 1146(b)-(c) pays you. Your injury claim is a separate civil case that needs no charge or conviction, though a violation can be evidence of the driver's fault.

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Is the pedestrian ever at fault?

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Sometimes. A pedestrian who crosses outside a crosswalk must yield to vehicles (VTL § 1152(a)), and no pedestrian may suddenly step off the curb into the path of a vehicle too close to stop (VTL § 1151(b)). A cyclist who runs a red light shares fault too.

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Usually your share of fault only reduces the award by your percentage (CPLR 1411(a)). But in an injury lawsuit subject to the no-fault law (Insurance Law article 51) and filed on or after May 26, 2026, you recover nothing if your fault is greater than that of the defendants combined (CPLR 1411(b)). That covers most pedestrians and cyclists hit by a car or truck, but not a pedestrian hit by a legal e-bike (see below).

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Helmets: a child under 14 on a bike and anyone on a class three e-bike must wear one, but failing to wear a required helmet cannot be treated as fault or used to reduce damages (VTL § 1238(7)). State law does not require adults on ordinary bicycles to wear one.

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Does car insurance cover a pedestrian or cyclist?

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Yes. If a car, truck or bus hit you while you were walking or biking, the no-fault coverage on that vehicle pays your medical bills and part of your lost wages, whoever was at fault, even if you do not own a car (Insurance Law § 5103(a)(1)). Benefits reach up to $50,000 per person, and lost earnings are paid at 80%, up to $2,000 a month (Insurance Law § 5102(a)-(b)).

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The written application is generally due within 30 days of the crash (11 NYCRR 65-1.1). If you are in the hospital, a family member or lawyer can file it; see who files the no-fault application when you can't. If you were working for an employer when you were hit, workers' compensation generally pays first; a courier treated as an independent contractor may have none, and then no-fault pays. We handle the lawsuit against the driver and work with law firms that handle the compensation claim.

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No-fault never pays for pain and suffering. For that you sue the driver and owner, and you must show a "serious injury" under Insurance Law § 5102(d), such as a fracture, significant disfigurement, or a permanent or significant limitation in using a body part or function. The jury decides fault before it decides whether the injury is serious (Insurance Law § 5104(a)).

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E-bikes, scooters and delivery riders: who pays?

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It depends on what the device legally is. A legal e-bike has working pedals and a motor under 750 watts, and its motor stops helping at 20 mph, or 25 mph for a class three bike allowed only in New York City (VTL § 102-c). Legal e-bikes and electric scooters (VTL § 114-e) are excluded from the definition of a motor vehicle (VTL § 125). That changes the case:

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• You were on a legal e-bike or scooter and a car hit you: you are treated like a cyclist. No-fault comes from the car's insurer, and the serious-injury and CPLR 1411(b) rules apply. If your own machine was more powerful or faster than the e-bike definition allows, the law may treat it as a moped or motorcycle, and the car's no-fault coverage may not cover you (Insurance Law § 5103(a)(1) excludes motorcycle occupants).

• A legal e-bike or scooter hit you on foot: no-fault does not apply, so your health insurance usually pays first. The claim is an ordinary negligence case, with no serious-injury threshold and fault that only reduces the award. E-bike riders must yield to pedestrians and may not ride on the sidewalk unless local law allows it (VTL § 1242(5)-(6)).

• The "e-bike" was really a moped: a machine outside the e-bike definition is a motor vehicle, such as a limited use motorcycle (VTL § 121-b), subject to registration and insurance rules. Its insurance can pay or, if there was none, uninsured-motorist benefits may (below).

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Many riders have no insurance, so the key question is who the rider worked for. An employer generally answers for an employee's carelessness on the job; whether a delivery app does depends on how much it controlled the work. Photograph the device, any plate, the delivery bag and any app screen.

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Hit-and-run and uninsured drivers

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If the driver fled or had no insurance, your own auto policy's uninsured motorist coverage, or a policy of a relative you live with, is usually the first place to look. If no policy applies, the Motor Vehicle Accident Indemnification Corporation (MVAIC) can pay no-fault benefits and an injury claim to a "qualified person", generally a New York resident with no auto policy of their own or in the household (Insurance Law §§ 5202, 5221). Its rules are strict:

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• Unidentified driver: report the crash to the police within 24 hours and file a sworn affidavit with MVAIC within 90 days (Insurance Law § 5208(a)(2)).

• A hit-and-run claim requires physical contact with the fleeing vehicle; a driver who ran you off the road without contact does not qualify (Insurance Law § 5217).

• Identified but uninsured driver: the affidavit is due within 180 days (§ 5208(a)(1)).

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MVAIC covers motor vehicles, so it generally does not pay when a legal e-bike or scooter rider hits you and leaves.

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Deadlines, City vehicles and dangerous roads

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Most pedestrian and bike injury lawsuits must be filed within three years (CPLR 214(5)), but several deadlines are much shorter:

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• A City vehicle such as a sanitation truck or police car, or another local public body: a notice of claim within 90 days (General Municipal Law § 50-e) and suit within one year and 90 days (§ 50-i).

• A New York City Transit bus: the same 90-day notice. Suit is generally allowed within one year and 90 days, but a claim based on the bus driver's negligence on City streets may have only one year, so plan to sue within one year (Public Authorities Law § 1212(2), (4)).

• A death: two years from the death (EPTL 5-4.1); against a City vehicle or other local public body, the 90-day notice of claim runs from the estate representative's appointment (General Municipal Law § 50-e).

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The City, and most Long Island towns and villages, can generally be held liable for a street defect only if someone gave written notice of that defect before the crash, or if the municipality's own work created it (General Municipal Law § 50-e(4) keeps those laws in force). Read why the 90-day notice of claim can make or break your case.

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Pedestrian hit by a car: what to do and what evidence to save

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1. Call 911, get medical care the same day and tell the doctors exactly how you were hit.

2. Get the police accident report number and the names and phone numbers of witnesses.

3. Photograph the vehicle and plate, the crosswalk and signals, the road surface, your injuries and, for a bike crash, the bike and helmet. Do not repair or throw out the bike.

4. Ask nearby stores and buildings in writing to save their video.

5. File the no-fault application on time.

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When a pedestrian or cyclist is killed

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The estate's personal representative, usually a close relative appointed by the Surrogate's Court, brings the claim. We work with the estate lawyers who handle the appointment and bring the wrongful death case ourselves.

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How much is a pedestrian or bike accident case worth?

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No formula predicts it. Value turns on the injury and whether it is permanent, your share of fault, and the insurance or other money available. You can claim:

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• Medical costs, past and future, beyond what no-fault pays

• Lost earnings and lost future earning ability beyond no-fault

• Pain and suffering, once any serious-injury threshold is met

• A spouse's claim for loss of services and companionship

• In a fatal crash, the family's losses through a wrongful death claim

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What does a pedestrian or bike accident lawyer cost?

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There is no fee unless money is recovered; in most injury cases the fee is one-third of the net recovery, and the fee and the handling of case expenses are set out in a written retainer agreement. The first consultation is free, in person, by phone or by video, and Reza Yassi visits clients at home or in the hospital when travel is hard. Learn more about Reza Yassi or our work as a personal injury lawyer in Manhattan.

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Guides on this topic

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• Hit by a turning car while crossing with the walk signal: who is at fault in a crosswalk crash, and how no-fault pays a pedestrian.

• Struck by a delivery rider in NYC: when the restaurant or delivery company answers for an e-bike rider who hits you.

• Prior written notice and a cyclist's road defect case on Long Island: why a pothole claim against a Nassau town or village can fail without earlier written notice.

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Frequently asked questions

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Does car insurance cover pedestrian accidents?

Yes. A pedestrian hit by a car or truck claims no-fault benefits from that vehicle's insurer for medical bills and part of lost wages, up to $50,000, even without owning a car. Pain and suffering requires a serious injury and a claim against the driver.

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What should I do if I was hit by a car as a pedestrian?

Get medical care the same day, get the police report number and witnesses' contacts, and ask nearby businesses in writing to save their video. File the no-fault application within 30 days.

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What if the pedestrian caused the accident?

Recovery shrinks, and in a no-fault case filed on or after May 26, 2026 it ends entirely if the pedestrian was more at fault than all the defendants combined. No-fault still pays medical bills whoever was at fault.

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Who is responsible for a Citi Bike accident?

If a car hit you, the claim is against the driver and owner, and the car's insurer pays no-fault. If a road defect or a faulty bike caused it, the claim may run against the City or the company responsible for the bike.

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How much compensation can I get after being hit as a pedestrian?

It depends on the injury and whether it is permanent, your share of fault and the insurance available. No one can give a reliable number before reviewing the records.

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Do I need a lawyer for a pedestrian or bike accident?

For a minor injury that heals quickly, often not. For a serious injury, a death, a disputed light, an e-bike or a hit-and-run, yes, and early, because video disappears and the 24-hour, 30-day and 90-day deadlines come fast.

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Talk to Reza Yassi about your pedestrian, bike or e-bike case. Call (646) 992-2138 or send an inquiry. The consultation is free.