Staten Island Pedestrian & E-Bike Collisions: How NY’s New 51% Fault Law Changes Your Claim

“I was riding my e-bike on a street when another vehicle struck me. What are my rights?”

Apply for No-Fault Benefits

Even though you are riding an e-bike, you are in a similar position to a pedestrian under New York law. Therefore, the insurance company insuring the vehicle that struck you is liable to pay for your no-fault benefits. These benefits include medical expenses, partial reimbursement for lost wages, and other necessary reasonable expenses. An important deadline to remember is that you must file an application with the insurance company within 30 days after the accident.

The other critical aspect of no-fault coverage is that it pays your medical expenses and lost wage benefits regardless of fault. A no-fault endorsement is a mandatory part of Personal Injury Protection (PIP) in New York. These benefits act like a health insurance rider and a disability policy attached to an auto insurance policy. So, regardless of who was at fault for causing the accident, the no-fault carrier must pay for your wage reimbursement and necessary medical expenses.

Rules of the Road for E-Bikes

To analyze the duties and rights you have as an operator of an e-bike, we must look into the details buried in New York’s Vehicle and Traffic Law (VTL).

New York defines a “bicycle with electric assist” in VTL § 102-c. Qualifying e-bikes must:

• Be no more than 36 inches wide
• Have an electric motor of less than 750 watts
• Have operable pedals
• Meet Consumer Product Safety Commission (CPSC) bicycle manufacturing standards
• Fit one of three classes (Class 1 or 2 assist up to 20 mph statewide; Class 3 up to 25 mph only in cities with a population of 1 million or more, i.e., NYC)

There are key caveats to this rule:

• This covers only legal e-bikes that meet the § 102-c definition. Devices exceeding the power, speed, or size limits (or lacking operable pedals) are generally treated as limited-use motorcycles, mopeds, or motor vehicles, falling under different regulations such as licensing and registration.
• E-bikes carry specific additional rules (e.g., minimum rider age of 16, single-file riding requirements, yielding to pedestrians, labeling rules, and helmet mandates for Class 3). Local jurisdictions can also impose additional restrictions on time, place, and manner of operation.
• In NYC, there is a 15 mph operating speed limit for e-bikes, which is stricter than the statewide motor assistance limits.

Because these devices are classified as a type of bicycle, they are explicitly excluded from the statutory definition of a “motor vehicle.”

Ironically, while an e-bike is not a motor vehicle under the Vehicle and Traffic Law, e-bikes are governed by the same rules of the road as motor vehicles. VTL § 1231 provides that every person riding a bicycle on a roadway is granted all the rights and subject to all the duties applicable to the driver of a motor vehicle (with limited exceptions for specific bicycle provisions or rules that cannot reasonably apply).

That means for purposes of the No-Fault Law, an e-bike rider is treated as a pedestrian. However, for purposes of determining fault and liability in a collision, the same rules of the road apply as if the e-bike rider were driving a motor vehicle.

Update to NY Tort Law

In May 2026, Governor Kathy Hochul signed landmark tort reform legislation altering foundational rules of personal injury claims that had been in place for half a century.

The first major reform amended CPLR 1411. In motor vehicle collision cases, a plaintiff must now be no more than 50% responsible for the accident to recover damages. The previous rule was pure comparative negligence, where a plaintiff could recover a proportion of damages even if largely at fault. That rule has been replaced by a modified comparative fault standard.

The second major reform updated the statutory definition of “serious injury” under Insurance Law § 5102(d). Under the No-Fault Law, an injured party cannot maintain a lawsuit for pain and suffering against a fault party unless they prove a “serious injury.”

Crucially, the legacy “90/180-day” soft tissue category—which allowed claims where an injury prevented normal daily activity for 90 of the first 180 days following an accident—was eliminated. Plaintiffs must now establish one of the following threshold injuries:

• Fractures or joint tears;
• Permanent consequential limitation of use of a body organ or member; or
• Significant limitation of use of a body function or system supported by objective MRI or electrodiagnostic evidence.

Analysis of Liability

Evaluating liability in an e-bike collision requires reviewing the specific facts of the crash—such as whether it occurred at an intersection, mid-block, or inside a marked bike lane.

Depending on the location, legal duties stem from both the New York Vehicle and Traffic Law and the New York City Administrative Code.

For example, New York City Traffic Rules (34 RCNY) incorporate e-bikes into local bicycle laws. Under 34 RCNY § 4-12(p), cyclists must use an available bicycle path or lane unless turning or avoiding hazards.

Key NYC regulations include:

• Sidewalks: NYC Administrative Code § 19-176 prohibits riding e-bikes on sidewalks.
• Speed Limits: E-bikes are subject to a citywide 15 mph operating limit in streets and bike lanes under 34 RCNY §§ 4-01 and 4-06.

Because personal injury recovery depends heavily on liability and proving a qualifying serious injury under the new 2026 standards, having an experienced attorney evaluate the crash details is essential. Regardless of fault, however, your right to receive no-fault medical and wage benefits within the 30-day filing window remains absolute.

By James Santner, Esq.