If you need a bicycle accident lawyer in Staten Island, Minchew & Santner, LLP can help. Cyclists face serious risks every day on New York roads — from distracted drivers to dangerous road conditions. Our firm has 38 years of experience representing injured cyclists. Free consultations, no fee unless we win.
Common Causes of Bicycle Accidents in Staten Island
Bicycle accidents can happen in many ways, each requiring a different legal approach. The cases we most commonly handle involve:
- A motor vehicle striking a cyclist at an intersection or while making a turn
- Drivers failing to check for cyclists before opening a car door (“dooring”)
- Drivers cutting off or tailgating cyclists on narrow roads
- Potholes, cracked pavement, or defective bike lanes maintained by the city
- Unmarked or poorly marked road hazards
- Accidents involving skaters, pedestrians, or other non-motorized users sharing the road
- Hit-and-run accidents where the driver flees the scene
Your Rights Under New York Law
New York law treats bicyclists as vehicles subject to the same rules of the road as cars. Vehicle and Traffic Law § 1231. But those same laws protect cyclists just as strongly. Every driver has a legal duty to exercise due care to avoid colliding with any bicyclist on the roadway and must sound the horn when necessary. VTL § 1146. The fact that a cyclist may have contributed to an accident does not automatically bar a claim — a jury determines the percentage of fault for each party.
No-Fault Benefits
If you were struck by a motor vehicle while riding your bicycle, you are covered by New York’s no-fault law. You must apply to the insurance company of the car that struck you within 30 days of the accident. No-fault benefits cover your medical expenses and a portion of your lost wages for up to two years following the accident. As your bicycle accident lawyer in Staten Island, we will handle the no-fault application on your behalf.
Personal Injury Lawsuit
In addition to no-fault benefits, you may be entitled to bring a personal injury lawsuit against the driver and owner of the vehicle. To do so in New York, your injuries must meet the state’s serious injury threshold. Even if a jury finds you partially at fault, you may still recover damages — reduced in proportion to your share of responsibility.
Accidents Caused by Road Defects
If your bicycle accident was caused by a pothole or other road defect, you may have a claim against the municipality responsible for maintaining the road. New York municipalities are generally not liable unless they received prior written notice of the defect — or the defect existed long enough that they should have discovered and repaired it. These cases require an expert to evaluate the condition and render an opinion on how long it existed prior to the accident. We have handled these cases and know how to build the expert evidence needed.
The 90-Day Notice of Claim
If a government entity — a city, county, or state agency — bears responsibility for your accident, you must file a Notice of Claim within 90 days. Missing this deadline can permanently bar your claim. Contact us immediately if a road defect or government negligence contributed to your bicycle accident.
How Our Bicycle Accident Lawyers in Staten Island Can Help
We handle every aspect of your case — from filing your no-fault application to litigating your personal injury lawsuit. We will investigate the accident, gather witness statements, retain roadway experts when needed, and fight for full compensation for your medical expenses, lost wages, and pain and suffering.
We Offer Free Consultations
If you or a loved one has been injured in a bicycle accident in Staten Island, contact our office today. Consultations are free and there is no fee unless we win.