Bicycle and Pedestrian Accident Attorney in New York

Every day, cyclists and pedestrians share the roads and sidewalks of New York with drivers who do not always see them, yield to them, or treat them with the care the law requires. When a collision occurs, the consequences for the person on foot or on a bicycle are almost always severe. If you or someone you care about has been struck by a vehicle in Latham, Saratoga Springs, Albany, or anywhere in New York, understanding your rights is the most important first step you can take.

Common Causes of Bicycle and Pedestrian Accidents

Most bicycle and pedestrian accidents are not inevitable. They are the result of negligence — a driver, property owner, or municipality failing to meet their obligations to the people around them. The most frequent causes include:

Distracted Driving

A driver looking at a phone, adjusting a radio, or simply not paying attention can fail to see a cyclist in a bike lane or a pedestrian stepping into a crosswalk until it is too late. Distracted driving is one of the most common contributing factors in bicycle and pedestrian accidents throughout New York.

Failure to Yield

Pedestrians in marked crosswalks have the right of way under New York law. Cyclists on the road are entitled to the same rights and responsibilities as motor vehicles. When drivers fail to yield at intersections, crosswalks, or when making turns, collisions follow. These incidents are especially common at busy intersections in urban and suburban areas, including along Route 9 in Latham and Broadway in Saratoga Springs.

Speeding

The faster a vehicle is traveling, the less time a driver has to react — and the more devastating the impact when a collision occurs. Speeding is a factor in a disproportionate number of fatal pedestrian and bicycle accidents in New York.

Dooring

Dooring occurs when a driver or passenger opens a vehicle door directly into the path of an oncoming cyclist. These accidents can throw a rider into traffic or onto the pavement with little to no warning and are a significant source of cycling injuries in areas with on-street parking.

Unsafe Road and Sidewalk Conditions

Not every accident involves a vehicle. Poorly maintained sidewalks, unmarked hazards, missing curb cuts, and defective roadway conditions can cause serious falls for pedestrians and cyclists alike. In these cases, responsibility may lie with a municipality, property owner, or contractor.

Driving Under the Influence

Impaired driving dramatically reduces reaction time and judgment. Alcohol and drug-related accidents involving pedestrians and cyclists are among the most serious and most preventable injuries on New York roads.

Injuries Commonly Sustained in These Accidents

Because cyclists and pedestrians have no protective barrier between themselves and a vehicle, the injuries that result from these collisions are often severe and long-lasting. Common injuries include:

• Traumatic brain injuries (TBI), including concussions and long-term cognitive impairment
• Spinal cord injuries and paralysis
• Broken bones, including legs, arms, hips, and the pelvis
• Internal organ damage and internal bleeding
• Soft tissue injuries, including ligament and tendon damage
• Road rash and significant scarring
• Psychological trauma, including post-traumatic stress disorder (PTSD)

The financial and personal toll of these injuries can extend well beyond the initial accident — affecting a person’s ability to work, care for their family, and enjoy their life for months or years to come.

Your Legal Rights After a Bicycle or Pedestrian Accident

New York law provides meaningful protections for cyclists and pedestrians who are injured through the negligence of others.

No-Fault Insurance

New York is a no-fault insurance state. This means that after an accident involving a motor vehicle, your own auto insurance policy — or the policy of the vehicle involved — may cover your initial medical expenses and a portion of lost wages, regardless of who was at fault. Cyclists and pedestrians are generally entitled to no-fault benefits when struck by a motor vehicle.

Personal Injury Claims

When injuries are serious, New York law allows injured cyclists and pedestrians to step outside the no-fault system and pursue a personal injury claim against the at-fault driver or other responsible party. Compensation in these cases can include medical expenses, future care costs, lost income, and damages for pain and suffering.

Claims Against Municipalities

If a dangerous road condition, defective traffic signal, or poorly maintained sidewalk contributed to your accident, a claim against the responsible municipality may be possible. These cases involve specific procedural requirements — including strict notice of claim deadlines — which is why it is important to consult an attorney as soon as possible after an accident in Latham, Saratoga Springs, or any other New York community.

Wrongful Death

When a bicycle or pedestrian accident results in a fatality, the surviving family members may have the right to pursue a wrongful death claim. These claims can provide compensation for funeral expenses, lost financial support, and the profound loss the family has suffered.

Steps to Take After an Accident

What you do in the hours and days following a bicycle or pedestrian accident can have a direct impact on your ability to recover the compensation you deserve.

• Call 911 and get medical help immediately. A police report and medical record from the scene are two of the most important pieces of documentation in any accident claim.
• If you are able, obtain the driver’s name, license plate, insurance information, and contact details for any witnesses.
• If you are able, photograph everything. Document the scene, vehicle positions, road conditions, traffic signals, your bicycle or clothing, and your visible injuries.
• Seek follow-up medical care, even if you feel well. Symptoms of serious injury — particularly head and spine injuries — can be delayed by hours or days.
• Avoid discussing the accident on social media or providing recorded statements to insurance adjusters before consulting an attorney.
• Contact an attorney promptly. Evidence fades, witnesses become harder to locate, and in claims against municipalities, notice deadlines can be as short as 90 days.

This guide is provided for general informational purposes only and does not constitute legal advice. No attorney-client relationship is created by reading this material. Please consult qualified legal counsel regarding your specific situation.