In New York, the statute of limitations for personal injury claims, including bicycle accidents, is generally three years from the date of the accident. However, there are important exceptions that could affect your case. If a government entity is involved (such as a city bus or poorly maintained road), you may have as little as 90 days to file a notice of claim, followed by specific deadlines for filing the actual lawsuit. For wrongful death cases, the statute of limitations is typically two years. Don’t wait—the sooner you contact an experienced bicycle accident attorney, the better we can preserve evidence, interview witnesses while memories are fresh, and ensure all deadlines are met. Evidence can disappear, and witnesses’ memories fade over time, so early action is crucial for building the strongest possible case.

Yes, you can still recover compensation even if you weren’t wearing a helmet, though it may affect the amount of damages you can recover. In New York, only children under 14 are legally required to wear helmets while bicycling. For adults, not wearing a helmet is not automatically considered negligence. However, if you suffered a head injury and weren’t wearing a helmet, the defense may argue that your injuries would have been less severe if you had been wearing one. This is called “comparative negligence,” and it could reduce your compensation proportionally based on your percentage of fault. The key is proving that the other party’s negligence was the primary cause of your accident and injuries. An experienced bicycle accident attorney can help counter these arguments and fight for the maximum compensation you deserve, regardless of whether you were wearing a helmet.

You may be entitled to recover both economic and non-economic damages from your bicycle accident. Economic damages include all your quantifiable financial losses: current and future medical bills, hospital expenses, rehabilitation costs, physical therapy, prescription medications, medical equipment, lost wages from time off work, and reduced earning capacity if your injuries affect your ability to work long-term. You can also recover property damage costs for repairing or replacing your bicycle and any damaged gear. Non-economic damages compensate for the more intangible impacts of your accident: pain and suffering, emotional distress, loss of enjoyment of life, disfigurement or scarring, and loss of consortium (impact on your relationship with your spouse). In cases involving particularly reckless behavior—such as drunk driving, hit-and-run, or extreme road rage—you may also be awarded punitive damages designed to punish the wrongdoer and deter similar behavior.

Proving fault in a bicycle accident requires demonstrating that the driver was negligent—meaning they failed to exercise reasonable care and that failure directly caused your injuries. Evidence is crucial, and this is where an experienced attorney makes a significant difference. We gather police reports, which often include the officer’s assessment and any traffic citations issued. Traffic violations like running a red light, speeding, or failing to yield constitute “negligence per se”—automatic fault. We collect witness statements from people who saw the accident, obtain surveillance footage from nearby businesses or traffic cameras, and work with accident reconstruction experts who can analyze the crash scene, vehicle damage, and other physical evidence to determine exactly how the accident occurred. We also examine the driver’s cell phone records if distracted driving is suspected, review their driving history for patterns of reckless behavior, and document all aspects of the accident scene including road conditions, weather, lighting, and traffic control devices. The more evidence we can gather, the stronger your case becomes.