New York City is famous for being the city that never sleeps. People come and go at all hours of the day every day, which makes for very busy streets. Considering the city is densely packed, many choose to ride bikes rather than use vehicles to get around. So many people use bicycles as a primary mode of transportation, and the city has its own traffic code regarding vehicles and bikes.

Cyclists must follow most of the same traffic laws that drivers in vehicles follow. This means bike riders must stop at stop signs and red lights and follow the rules of the road. Cyclists may ride on many of the same streets as vehicles, but they must stay in bike lanes if they are available. If bike riders must ride in the normal traffic lanes, drivers in cars must show them the same respect as other vehicles. If you are a cyclist injured in a crash somewhere in New York City, contact an attorney and discuss how to get fair compensation for your injuries.

Call (718) 841-0083 and ask our NYC bicycle accident attorneys at The Carrion Law Firm for a free, private case evaluation to get started.

Do Cyclists Follow the Same Traffic Laws as Vehicles in NYC?

Many people might not equate bikes to cars or trucks, but in the eyes of the law, they are bound by the same rules. Cyclists in New York City must follow most of the same traffic laws as drivers in vehicles. While there are a few differences in the laws, cyclists generally follow the same rules. The law under N.Y.C. Admin. Code § § 4-02(a) spells out how the New York City traffic laws apply, and they apply to all vehicles, including cars and bicycles.

This generally means that if a driver in a car must obey certain traffic signals (e.g., signs, lights, rules), so must a person riding a bike. For example, if someone riding a bike in a bike lane comes upon a red light, they must come to a stop and wait for the light to turn green. Unfortunately, this does not always happen, and people are sometimes a bit confused over whether bike riders have to stop. Rest assured, if you normally have to stop in a vehicle, you probably have to stop while riding a bike.

Do Cyclists Have the Right of Way?

When it comes to traffic, a major concern among drivers and cyclists alike is who has the right of way. The answer to this question varies based on the circumstances. However, generally, cyclists have the right of way as long as they are riding in a designated bike lane. Even so, they must still obey stop signs and red lights and yield to pedestrians. If the driver who hit you insists that you did not have the right of way, explain the situation to our NYC bicycle accident lawyers, and we can help determine who is at fault.

A great example of cyclists having the right of way can be seen at many intersections throughout the city. According to § 4-03(a)(1)(i), bike riders tend to have the right of way in these situations. Suppose you are riding in a bike lane in the same direction as a vehicle on your left in the normal traffic lane. Next, suppose you plan to go straight through a green light, but the car next to you plans to turn right. In such a case, the vehicle must yield the right of way and allow you to pass before turning right.

However, this does not mean that cyclists stop for no one. Cyclists must follow all the same traffic laws as drivers in cars. This means that if a cyclist is riding in a bike lane and comes upon a red light or stop sign, they must stop. Unfortunately, cyclists do not always stop. Some cyclists assume they always have the right of way no matter what, and their mistake might cause a serious accident.

Do Cyclists Need to Wear Helmets in NYC?

If you ride a bike anywhere, wearing a helmet is in your best interest. This is not just a safety recommendation but a legal requirement, at least for some bike riders. According to V.A.T. Law § 1238(5)(b), no cyclist under the age of 14 may ride a bike without wearing a helmet. Additionally, the helmet must meet safety standards imposed by law. If a young rider is caught without a helmet, a citation might be issued.

Not only is it illegal for someone under 14 to ride without a helmet, but it is also illegal for a cyclist carrying someone under 14 as a passenger to allow the passenger to ride without a helmet. This means that if you are a parent, guardian, or even an older sibling riding a bike with your child or younger sibling and they do not have a helmet, you might be the one in trouble.

While tickets being issued to cyclists is less common than tickets being issued to drives, it is still possible and sometimes happens. Do not let something like the lack of a helmet get you in trouble.

Does Insurance Cover Cyclists in NYC After an Accident?

Even if you are in an accident on your bicycle, auto insurance might be there to help you. If you are hit by a car while riding your bike, insurance companies tend to consider it a car accident even though you were not driving a vehicle. As such, auto insurance might cover your damages.

New York is a no-fault auto insurance state, meaning all drivers must carry personal injury protection (PIP) insurance that covers them in the event of an accident. An injured cyclist with auto insurance may file a claim with their PIP insurance policy. This can be great for many, as they do not have to prove fault and may get damages covered with no need to gather evidence. However, it is not unusual for bike riders in New York City to not have car insurance.

Many cyclists do not have auto insurance because they do not drive. This is common in New York City, as public transportation is widespread and accessible. If you do not have auto insurance, the driver’s insurance may cover you, and you can file a third-party claim with their insurance provider. However, you might be required to present evidence of the driver’s negligence, and you can call an attorney for help.

What Streets May Cyclists Ride on in NYC?

Bikes are largely permitted on most city streets regardless of whether there is a bike lane. However, a few restrictions exist that keep cyclists off certain roads. According to N.Y.C. Admin. Code § § 4-12(o)(1), bicycles are prohibited on expressways, highways, interstate routes, bridges, and thruways unless signs indicate otherwise. Ordinary city streets are usually open to cyclists.

While most city streets are available for cyclists, you must be mindful of bike lanes. According to § 4-12(p), bike riders are required to use bike lanes whenever available, barring special circumstances. Cyclists may ride outside of bike lanes when turning onto a private road or driveway or when reasonably necessary to avoid accidents. However, cyclists cannot ride in the normal flow of vehicle traffic if a bike lane is available, and doing so might get them into trouble. If no bike lane is available, cyclists may ride in normal traffic, and vehicles must respect the presence of cyclists.

Can I Still File a Claim if I Wasn’t Wearing a Helmet During the Accident?

While helmets are an important part of bike safety, not wearing one is not illegal as long as you are 14 or older. It is not unusual to see bike riders without helmets around the city. However, choosing not to wear a helmet could come back to haunt you if you are injured in a crash. If you take legal action against the driver who hit you, they might use your lack of a helmet against you.

New York follows a pure comparative negligence rule under C.V.P. Law § 1411. Essentially, if a plaintiff is proven to have contributed to the accident or their injuries, their overall damages may be reduced in proportion to their share of the blame. For example, suppose the court determines that you are 20% responsible for your injuries because you did not wear a helmet. In that case, you may still recover damages and financial compensation, but your award may be reduced by 20%.

This might be very important in bike accident cases where the plaintiff suffered serious head injuries that might have been prevented or at least lessened with a helmet. However, if you do not have any head injuries, it is possible that the lack of a helmet made no difference in your accident and cannot be used to establish comparative negligence.

Who is Liable if I am Injured in a Bike Lane Accident?

Determining who should be held liable for your injuries after a bike accident depends on who is involved. When bike riders are struck by vehicles, the driver is often to blame. So many bike accidents happen because drivers ignore or disregard cyclists. For example, you might be riding through an intersection on a green light when you are hit by a vehicle trying to turn that did not yield to you. Remember, you have the right of way in that situation. When accidents happen in bike lanes, the driver of the car may be held liable because they are not supposed to even be in the bike lane, barring very special circumstances.

According to N.Y.C. Admin. Code § 4-12(p)(2), no driver may operate a vehicle in or across a bicycle lane except when necessary under specific circumstances. For example, vehicles may cross bike lanes when entering or leaving driveways or curbside parking spaces, crossing intersections, turning within intersections, complying with traffic directions from law enforcement, or avoiding obstacles or accidents when they appear fewer than 10 feet away.

Even though it is more typical for drivers to be at fault for bike accidents, you should not assume that your case will go your way. Hiring an experienced attorney who knows how to handle bike accident claims is your first step toward getting fair compensation and holding the negligent driver responsible.

Contact Our NYC Bicycle Accident Attorneys After a Collision

Call (718) 841-0083 and ask our Bronx bicycle accident attorneys at The Carrion Law Firm for a free, private case evaluation to get started.