Syracuse has spent the last several years adding bike lanes downtown and expanding the Empire State Trail, and more people than ever are riding bikes as a result. Increased bike traffic has unfortunately resulted in an increase in cycling accidents as now more than ever, a driver’s carelessness in failing to check mirrors or opening their door in a cycling lane can have catastrophic consequences.
When a negligent driver puts a rider in the hospital, the driver's insurance company generally starts working the claim right away, often before the rider has even had a second appointment with a doctor.
If you are one of these cyclists, contact MCV Law and we will help you get your life back. Our attorneys review the circumstances of the crash, deal with the insurance company, and work toward obtaining you compensation for medical costs, lost income, and pain and suffering. An MCV Law bicycle accident lawyer in Syracuse allows you to take care of your health while we negotiate with insurance adjusters and ensure that all your legal rights are protected.
Call MCV Law at 315-471-1664 for a consultation about a Syracuse bicycle crash. There is no fee unless we win, and all initial consultations are free.
How Does MCV Law Help After a Bicycle Accident in Syracuse?
MCV Law handles the insurance calls, paperwork, and the back-and-forth with the other driver's carrier, while you focus on your health. Our attorneys at the firm, Alicia Loomis, Esq. and Robert Taylor, Esq., take on personal injury claims all across Central New York, including bicycle accidents.
Clients speak directly with an attorney each time, never with a call center.
MCV Law has served Central New York for 45 years, with offices in Syracuse, Auburn, and Chittenango. Our firm knows how Onondaga County intersections behave, which stretches of road generate repeat crash reports, and how local claims adjusters tend to open negotiations.
In addition, cyclists hurt in Syracuse are often riding to or from a job and may also have a Workers’ Compensation claim. Whether you are a courier making downtown deliveries or a manufacturing employee commuting along Erie Boulevard, you could be entitled to both a personal injury claim and a Workers’ Compensation claim. Simply put, when a bicycle crash happens during work duties, a workers' compensation claim may run alongside the personal injury claim against the driver.
MCV Law coordinates workers' compensation, personal injury, and Social Security disability claims under one roof, which keeps a work-related bicycle crash from being split across three separate case files.
What Does New York Law Require of Cyclists?
New York treats a bicycle as a vehicle on the road; therefore, cyclists receive many of the same protections and obligations as drivers.
Under Vehicle and Traffic Law Section 1231, a person riding a bicycle has the same rights and the same duties as a person driving a motor vehicle, with some exceptions written into the statute.
Helmet and Age Rules
New York law requires riders under age 14 to wear an approved helmet under Vehicle and Traffic Law Section 1238. Adult riders are not required by state law to wear a helmet, though failing to wear one will often cause insurance companies to argue that you are partially at fault for your injuries.
Bike Lane and Roadway Rights
Cyclists are required to ride as close to the right side of the roadway as practical, though the law allows riders to move left to avoid hazards, pass another vehicle, or make a turn. A marked bike lane does not remove a driver's duty to check for cyclists before turning across it.
Driver Duties Around Cyclists
Drivers are required to pass cyclists at a safe distance and to check bike lanes and mirrors before opening a door or turning.
What Causes Most Bicycle Accidents in Syracuse?
Most Syracuse bicycle accidents trace back to a driver who failed to see or account for a cyclist before making a move.
Syracuse has bicycle infrastructure now, including the Empire State Trail, the Onondaga Creekwalk, and downtown bike lanes, but that infrastructure crosses driveways, side streets, and intersections where drivers are not always watching for riders.
Common causes MCV Law sees in Central New York bicycle claims include:
- Dooring, where a parked driver opens a car door into a bike lane or roadway without checking behind them.
- Left or right turns across a cyclist's path at intersections along corridors like South Salina Street or West Genesee Street.
- Distracted driving, including phone use, which delays a driver's reaction to a cyclist ahead.
- Failure to yield at four-way stops and roundabouts, including the Carrier Circle interchange.
- Unsafe passing distances on narrow roads without a dedicated bike lane.
Cyclist and pedestrian crashes share many of the same dynamics, and motorcycle riders face similar visibility-related crash risks.
What Should You Do After a Syracuse Bicycle Accident?
In the days and weeks following the crash, it is vital that injured cyclists take the following steps to protect their potential claim. These steps are most critical in the window immediately after the crash, once the adrenaline wears off and the insurance company’s calls start.
- Get a full medical evaluation even if injuries seem minor. Some soft-tissue and head injuries take days to show symptoms, so don’t assume you are fine without being examined by a physician.
- Save the police report number and request a copy once it becomes available.
- Photograph the bicycle damage, torn clothing, and any visible injuries before repairs or healing change the evidence.
- Avoid giving a recorded statement to the driver's insurance company before speaking with a lawyer.
- Keep a written log of missed work, medical appointments, and out-of-pocket costs tied to the crash.
These steps build the record an insurance adjuster looks at when deciding how much a claim is worth, and gaps in that record tend to work against the injured rider.
What If You Were Partly at Fault for the Crash?
A cyclist who shares some fault for a Syracuse bicycle accident is generally still allowed to recover compensation under New York law. CPLR Section 1411 sets New York as a pure comparative negligence state, meaning a jury or insurance adjuster assigns a percentage of fault to each party, and an injured cyclist's recovery is reduced by their own percentage rather than eliminated.
Factors that typically affect a comparative fault determination include:
- Whether the cyclist was riding with traffic flow or against it.
- Lighting and reflective gear used at night or in low visibility.
- Whether the cyclist obeyed traffic signals at the intersection where the crash occurred.
- The speed of the cyclist and the driver both at the point of impact and the moments leading up to impact.
- Road conditions, including construction zones or debris that may have affected either party's ability to react.
For example, then, a cyclist found to be 20 percent at fault, still has a claim, just one reduced by that percentage. One of the most important things an attorney can do for you is to push back on the inflated fault percentages an insurance company often tries to assign to the rider.
What Compensation Might Cover a Bicycle Accident Claim?
Compensation in a Syracuse bicycle accident claim covers the financial and physical losses tied directly to the crash. New York law allows injured cyclists to pursue several categories of damages once a claim moves past no-fault coverage, including:
- Medical costs, including emergency treatment, surgery, physical therapy, and future care tied to the injury.
- Lost wages for time missed from work during recovery.
- Loss of future earning capacity when an injury affects a rider’s ability to return to the same job or duties.
- Pain and suffering tied to the physical and emotional toll of the injury.
- Property damage to the bicycle, helmet, and other gear damaged in the crash.
The specific mix of damages available depends on the injury's severity, the medical treatment involved, and whether the injury clears New York's serious injury threshold, covered next.
How Does No-Fault Insurance Work for Cyclists in New York?
A cyclist hit by a motor vehicle in New York is generally covered by that vehicle's no-fault insurance, also called personal injury protection or PIP, even though the bicycle itself is not insured under a no-fault policy.
No-fault coverage pays medical costs and a portion of lost wages regardless of who caused the crash, up to $50,000, without requiring proof of the driver's fault.
No-Fault does not cover future economic damages, nor does it compensate for pain and suffering. As such, a cyclist may need to step outside that system when an injury is serious. Insurance Law Section 5102 defines a serious injury threshold, which includes categories like a fracture, a permanent limitation of a body function, or a disability lasting 90 of the first 180 days after the crash.
Meeting that threshold allows a cyclist to file a personal injury lawsuit against the driver for damages beyond what no-fault covers.
Signs that a bicycle accident claim may need to move beyond no-fault include:
- Medical bills that exceed no-fault policy limits before treatment is finished.
- A diagnosis involving a fracture, torn ligament, or head injury.
- Lost wages that continue well past the initial recovery period.
- A driver whose insurance company disputes the no-fault claim or delays payment.
An attorney reviews medical records early to flag when a case clears the serious injury threshold, since that determination affects the entire strategy for the claim.
No-Fault Claim or Personal Injury Lawsuit: What Is the Difference?
A no-fault claim and a personal injury lawsuit serve different purposes after a Syracuse bicycle accident, and most cases involve both at different stages. The table below outlines how the two paths compare.
| Factor | No-Fault Claim (PIP) | Personal Injury Lawsuit |
|---|---|---|
| Who pays | Driver's no-fault insurer | Driver, through their liability insurer |
| Fault required | No, fault is not a factor | Yes, the driver's fault must be shown |
| What it covers | Medical costs, partial lost wages | Full damages, including pain and suffering |
| Injury threshold | None | Must meet the serious injury definition |
| Filing deadline | Typically 30 days to notify the insurer | Three years under CPLR Section 214 |
Most Syracuse bicycle claims start with a no-fault claim for immediate medical costs, then move toward a personal injury claim once the injury's severity becomes clear. See CPLR Section 214 for the personal injury filing deadline.
Contact Us TodayAsk MCV Law
Do I need a lawyer if the driver's insurance already offered to pay for my bike?
An early offer that covers bike damage rarely accounts for medical costs, lost wages, or pain and suffering. Insurance companies often make a quick offer before the full extent of an injury is known. Talking to a lawyer before accepting anything protects against settling too early.
What if the driver who hit me left the scene?
A hit-and-run bicycle crash may still qualify for coverage through the cyclist's own auto policy, if one exists, or through New York's Motor Vehicle Accident Indemnification Corporation. A lawyer helps identify which coverage applies when the at-fault driver cannot be found.
Can I still file a claim if I was not wearing a helmet?
New York does not require adult cyclists to wear a helmet, so the absence of one does not bar a claim. An insurance company may still raise it as a comparative fault argument, which a lawyer is positioned to challenge.
How much does hiring a bicycle-accident lawyer cost?
MCV Law takes personal injury cases on a contingency basis, meaning there is no fee unless the case results in a recovery. A free consultation is available before any commitment is made.
How long do I have to file a bicycle accident claim in New York?
Generally three years from the date of the crash under CPLR Section 214, though no-fault claims carry a much shorter 30-day notice window. Missing the no-fault deadline may not end a case entirely, but it makes recovering those specific benefits harder.
What if the driver who hit me did not have insurance?
An uninsured driver does not bar a bicycle accident claim. New York requires auto policies to include uninsured motorist coverage, which may apply to a cyclist hit by an uninsured driver. Coverage through MVAIC may also be available.
Do I need a police report to file a claim?
Not always, but a police report strengthens a claim by creating an official record of the crash, the parties involved, and any citations issued. Calling police to the scene, when possible, helps avoid disputes later about how the crash happened.
Can I file a claim if the crash happened on a trail like the Empire State Trail?
Yes, if a motor vehicle was involved, such as at a road crossing along the trail. A crash between two cyclists or involving only trail conditions follows a different legal analysis than one involving a car or truck.
Will my case go to trial?
Not usually. Most Syracuse bicycle accident claims settle through negotiation with the insurance company before a lawsuit becomes necessary, though preparing a case as if it might go to trial generally leads to stronger settlement offers.
Call MCV Law About Your Syracuse Bicycle Accident Today
A Syracuse bicycle accident claim moves faster and holds up better when an attorney is involved before the insurance company locks in its version of events.
MCV Law offers a free consultation to walk through what happened, what New York law allows, and what the next step looks like for the specific crash.
Call 315-471-1664 to reach our Syracuse office. There is no fee unless we win. Free consultation.
