Bicycle Accident Attorney Westchester County, New York

A bicycle accident is a collision between a cyclist and a motor vehicle, road hazard, defective component, or another rider that produces traumatic injury and economic loss. Victims may pursue compensation for medical care, lost wages, future earning capacity, pain and suffering, and long-term disability under New York personal injury law.

Jeffrey Weiskopf at Jeffrey Weiskopf, P.C. is a premier Westchester County Bicycle Accident Attorney who has recovered over $20 million for injured clients.

Cyclists in New York enjoy road rights, and drivers are legally obliged to show respect! We understand how that doesn’t always happen and accidents can change lives—whether it be the physical injuries one bears, the financial burdens accruing from loss of income, or the painful grief of losing a loved one.

When you are recovering from a serious crash, fielding aggressive calls from the at-fault driver’s insurer, and watching medical bills pile up, you need an advocate who understands both the medicine and the courtroom strategy.

Jeffrey is a seasoned trial attorney with nearly 20 years of experience representing injury victims in New York State Supreme Court and the United States District Courts for the Southern, Eastern, and Northern Districts of New York.

Our firm’s notable recent results include a $995,000 settlement for a non-motorist struck by a vehicle and a $1,250,000 recovery involving a fall from a personal mobility device.

We accept bicycle injury cases on a pure contingency basis, which means you pay nothing unless we win. Reach our office at 914-315-0111 or contact us through our secure intake form for a free consultation.

What does a bicycle accident attorney actually do for you?

A bicycle accident attorney investigates the crash, preserves perishable evidence, negotiates with insurance carriers, and litigates in court when carriers refuse to pay full value. We handle every phase of your case so you can focus on healing.

Evidence is gathered after an initial consultation, which may involve obtaining a police report (typically a Form MV-104A), securing witness statements, footage from nearby surveillance cameras from businesses and traffic cameras, examining medical records, and consulting with experts. We will also help coordinate with treating physicians at whatever facility you may be at or have utilized such as Phelps Hospital in Sleepy Hollow, Westchester Medical Center in Valhalla, and White Plains Hospital (all to document the full medical picture).

Once we’ve built a case for you, we will file a lawsuit in New York State or Federal Court on your behalf. Following that, the legal process involves a number of pre-trial procedures, from discovery and deposition to potential settlement negotiations.

How long do you have to file a bicycle accident lawsuit in New York?

You generally have three years from the date of the crash to file a personal injury lawsuit under CPLR § 214. Wrongful death claims arising from a fatal bicycle crash are governed by a two-year statute of limitations under EPTL § 5-4.1. Claims against municipal defendants, including the City of Yonkers, the Village of Ossining, or Westchester County itself, require a Notice of Claim within 90 days under General Municipal Law § 50-e.

What evidence should you preserve after a bicycle crash?

You should preserve the bicycle itself, your damaged helmet, the clothing you were wearing, and any GoPro, Strava, or Garmin data from the ride. Do not return the bicycle to the manufacturer or retailer for inspection, even if a component appears defective. The bicycle is physical evidence and may require expert reconstruction.

Should you give a statement to the driver’s insurance company?

You should not give a recorded statement to the at-fault driver’s insurance company before speaking with an attorney. Adjusters often ask questions designed to elicit admissions about helmet use, lane position, or visibility that they will later use to reduce your recovery.

Why do you need an attorney for a bicycle accident?

You likely need an attorney because bicycle injury cases involve overlapping insurance policies, aggressive defense tactics, and a New York no-fault scheme that does not protect cyclists the way many people assume. A skilled attorney levels the field.

In New York, bicyclists are not covered by their own auto no-fault policy unless they own a vehicle, but they may access the at-fault driver’s no-fault benefits under Insurance Law § 5103. Carriers like Allstate, GEICO, State Farm, and Progressive know this is confusing and routinely delay or deny coverage hoping you will give up. We push back with statutory authority and force payment.

Westchester crash defense is also surveillance-driven. Carriers assign in-house adjusters and outside investigators to bicycle claims within days of the crash, looking for social media posts, gym check-ins, or any evidence they can use to argue your injuries are exaggerated.

Does it cost anything to hire a bicycle accident attorney?

It costs you nothing upfront to hire our firm because we work on a pure contingency fee. We advance the cost of expert witnesses, accident reconstruction, medical record retrieval, and filing fees. You only pay if we recover compensation for you.

Can you still recover damages if you were partially at fault?

You can still recover damages even if you were partially at fault under New York’s pure comparative negligence rule, codified at CPLR § 1411. If a jury finds you 30% responsible because you were riding without a light at dusk, your recovery is reduced by 30% but not eliminated. New York is one of the most plaintiff-friendly comparative negligence states in the country.

What happens if the driver fled the scene?

If the driver fled the scene, you may still recover through Supplemental Uninsured/Underinsured Motorist (SUM) coverage on your own auto policy or a household member’s policy. Hit-and-run bicycle crashes also trigger eligibility for the Motor Vehicle Accident Indemnification Corporation (MVAIC) when no other coverage is available.

How is fault determined in a bicycle accident?

Fault in a bicycle accident is determined by applying New York’s four-element negligence framework: duty of care, breach of that duty, causation, and damages. Each element must be proven for a defendant to be held liable.

Drivers in New York owe cyclists the same duty of care they owe other vehicles under VTL § 1231, which grants bicyclists the rights and duties of motor vehicle operators. Breach occurs when a driver opens a door into a bike lane without checking, makes a right turn across a cyclist’s path, fails to yield at an intersection, or follows too closely. Causation links that conduct directly to the impact, and damages cover the resulting medical bills, lost income, and pain and suffering.

Who can be sued after a bicycle accident?

Multiple parties may be held responsible after a bicycle crash. Potential defendants include the at-fault driver, the driver’s employer if the crash occurred during work duties (under respondeat superior), a commercial fleet owner, a rideshare or delivery platform, the manufacturer of a defective component, and a municipality responsible for a hazardous road defect.

Can a town or county be sued for a road defect that caused your crash?

A town or county can be sued for a road defect that caused your crash if the municipality had prior written notice of the defect under the local prior written notice statute. Westchester County and most local municipalities require formal written notice of a pothole, sinkhole, or roadway hazard before liability attaches, which is why early investigation is critical.

What is the “serious injury threshold” and does it apply to cyclists?

The serious injury threshold defined in Insurance Law § 5102(d) limits non-economic damages in motor vehicle cases to victims who sustained categories such as significant disfigurement, fracture, permanent loss of use of a body organ, permanent consequential limitation, or significant limitation of use. The threshold applies to bicycle accident claims because the cyclist’s injuries arose from the use or operation of a motor vehicle.

How can our firm specifically help with your case?

Our firm specifically helps you by combining trial-ready preparation with hands-on personal attention from a senior litigator on every file. Jeffrey personally meets each client at intake and stays directly involved through resolution.

We try cases. Many personal injury firms settle every file because they lack trial experience or do not want the cost. Jeffrey has tried matters in New York state and federal courts and handled appeals before the Appellate Division, First and Second Departments. Carriers know this and adjust valuation upward accordingly.

We are based in Ossining and litigate regularly in Westchester County Supreme Court in White Plains, New York County Supreme Court, and the federal courthouses in White Plains and lower Manhattan. We know the judges, the local rules, and the regional defense bar. Reach us any time at 914-315-0111 or use our secure online form to schedule a free consultation.

What areas of Westchester County does the firm serve?

We represent injured cyclists across all of Westchester County, including Yonkers, White Plains, New Rochelle, Mount Vernon, Peekskill, Ossining, Tarrytown, Sleepy Hollow, Mamaroneck, Rye, Scarsdale, Bronxville, Hastings-on-Hudson, Dobbs Ferry, Irvington, Croton-on-Hudson, Mount Kisco, Pleasantville, Chappaqua, Bedford, Yorktown Heights, and Cortlandt.

We also represent riders injured on the North County Trailway, the South County Trailway, the Bronx River Pathway, and the Old Croton Aqueduct Trail, as well as cyclists struck on Route 9 (Broadway), Route 9A, and Route 117. Cases from anywhere in New York State, including Manhattan, the Bronx, Rockland County, and Putnam County, are welcome.

How much is a Westchester bicycle accident case worth?

A Westchester bicycle accident case is worth as much as the full extent of your medical expenses, lost income, future earning capacity, pain and suffering, and any permanent disability. There is no honest “average” recovery because case value depends on injury severity, available insurance, liability strength, and your earning history.

Realistic value ranges by injury profile

Soft-tissue injuries with full recovery, including strains, sprains, and minor road rash, typically settle in the low five-figure range when liability is clear. These cases resolve quickly because medical specials are limited.

Moderate injuries requiring orthopedic surgery, such as a clavicle plate, ACL repair, or rotator cuff repair, generally fall in the mid-six-figure range when liability is clear and the cyclist returned to work. Cases with permanent restrictions or persistent pain push higher.

Catastrophic cases involving traumatic brain injury, spinal cord damage, multiple surgeries, or permanent disability frequently exceed seven figures. Our $3,250,000 medical malpractice recovery and $1,250,000 electric scooter accident verdict reflect the level of preparation required at this tier.

Wrongful death claims arising from a fatal bicycle crash are governed by EPTL § 5-4.1 and recover pecuniary loss to surviving family members, including loss of parental guidance, lost earnings, and medical and funeral expenses.

What damages can you recover after a Westchester bicycle crash?

You can recover the following damages after a Westchester bicycle crash:

•       Past and future medical expenses, including surgery, rehabilitation, and home health care
•       Lost wages and diminished earning capacity
•       Pain and suffering, both past and projected
•       Loss of consortium for a spouse or domestic partner
•       Property damage to your bicycle, helmet, electronics, and clothing
•       Out-of-pocket expenses for transportation, prescriptions, and medical equipment
•       Punitive damages where the driver’s conduct was reckless, such as drunk driving or street racing

How does comparative negligence affect your bicycle settlement?

Comparative negligence reduces your settlement in proportion to your percentage of fault but does not bar recovery. If your damages total $500,000 and a jury assigns you 20% fault for running a stop sign, your recovery is reduced to $400,000.

How long does it take to settle a bicycle accident case?

It typically takes nine to eighteen months to settle a moderate bicycle accident case after maximum medical improvement. Catastrophic cases that require litigation, expert disclosure, and trial preparation often run two to three years. We never push for early settlement at the cost of full value.

Types of Bicycle Accident Cases We Handle:

Here are some examples of the types of cases that can happen in Westchester County and throughout NYC. Sadly some of these can result in very serious injuries.

• Right hook — A driver passes a cyclist on the left and then immediately turns right, cutting across the bike’s path. An e-bike rider cruising at 25 mph in a bike lane gets clipped by a car turning into a parking lot.
• Left cross — An oncoming vehicle turns left into or in front of a cyclist traveling straight through an intersection. A commuter on a pedal-assist e-bike enters an intersection on a green light and is struck by an SUV making a left turn whose driver misjudged the bike’s speed.
• Dooring — A parked car’s occupant opens their door directly into the path of an approaching cyclist. A rider on a Class 3 e-bike traveling at speed along a row of parked cars has almost no time to react when a door swings open.
• Rear-end collision — A motorist strikes a cyclist from behind, often due to distraction or poor visibility. A cyclist riding at dusk on a road without a shoulder is hit by a driver looking at their phone.
• Intersection right-of-way violation — A driver runs a stop sign or red light and collides with a cyclist who has the right of way. A mountain biker crossing a rural intersection is hit by a truck that rolled through a stop sign.
• T-bone at a driveway or side street — A car pulls out of a driveway or side street without seeing a cyclist on the main road. An e-bike rider on a multi-use path is struck by a vehicle exiting a residential driveway across the path.
• Pedestrian-cyclist collision — A cyclist or e-bike rider collides with a pedestrian, particularly on shared-use paths. A throttle-operated e-bike traveling silently at 20 mph on a boardwalk strikes a jogger who steps into the bike’s lane without looking.
• Single-bike crash (road hazard) — A cyclist loses control due to a pothole, railroad tracks, gravel, or wet surfaces. An e-bike rider hits a storm drain grate at an angle and the front wheel catches, throwing the rider over the handlebars.
• Single-bike crash (mechanical failure) — A component failure causes a crash. An e-bike’s throttle sticks at full power, or a brake system overheats on a long downhill and fails, causing the rider to lose control.
• Battery-related incident — An e-bike battery malfunctions, overheats, or catches fire. A rider using a third-party replacement battery experiences thermal runaway while charging in a garage, or the battery ignites mid-ride after being damaged by a hard impact.
• Speed-related loss of control — A rider exceeds their skill level or the bike’s handling limits. A new e-bike owner unfamiliar with pedal-assist power accelerates too quickly on a curve and wipes out, or goes too fast downhill on a heavy e-bike with limited braking power.
• Sideswipe / unsafe pass — A vehicle passes a cyclist too closely without changing lanes. A truck passes within inches of a road cyclist on a narrow two-lane road, and the mirror or wind draft sends the rider into the shoulder gravel.
• Bike-on-bike collision — Two cyclists collide, often on shared paths or during group rides. A traditional cyclist traveling at 12 mph is overtaken suddenly by a Class 3 e-bike doing 28 mph on a narrow bike path, and they clip handlebars.
• Vehicle backing up — A car reverses out of a parking space or driveway into a cyclist. A child riding a bike through a parking lot is struck by an SUV backing out of a space with limited rear visibility.
• Road rage / intentional aggression — A motorist deliberately intimidates or strikes a cyclist. A driver angry about a cyclist “taking the lane” brake-checks them or swerves into them.
• Car door zone / squeeze play — A cyclist is caught between parked cars and moving traffic with no escape route. A bike lane is placed directly in the door zone, and a rider swerving to avoid an opening door is pushed into active traffic.
• Fall from mounting or dismounting — A rider loses balance getting on or off the bike. An e-bike owner unfamiliar with a twist-throttle accidentally engages full power while swinging a leg over the frame, and the bike lurches forward.

Are e-bike crashes treated the same as standard bicycle crashes?

E-bike crashes are treated similarly to standard bicycle crashes when the e-bike falls within New York’s three statutory classes under VTL § 102-c. Class 1, 2, and 3 e-bikes are legal on most New York roadways, and riders retain access to no-fault and SUM coverage when struck by a motor vehicle.

Who is liable when a delivery cyclist is hit on the job?

The delivery cyclist’s employer or platform may share liability when a rider is hit on the job, in addition to the at-fault driver. Workers’ compensation may also apply, depending on whether the rider is classified as an employee or independent contractor under the federal and state tests applicable to gig platforms like DoorDash, Grubhub, and Uber Eats.

What injuries are common in a bicycle accident?

The most common injuries in a Westchester bicycle accident are traumatic brain injuries, fractures, and severe road rash. Cyclists are uniquely exposed because they have no airbags, crumple zones, or seat belts.

Frequent injury types include:

•       Traumatic brain injury and concussion, often diagnosed at the Westchester Medical Center Level I trauma unit
•       Skull and facial fractures
•       Cervical and lumbar spine injuries, including herniated discs and spinal cord trauma
•       Clavicle fractures, the single most common fracture in adult cycling crashes
•       Wrist, hand, and forearm fractures from outstretched-arm falls
•       Hip and pelvic fractures
•       Severe road rash and degloving injuries
•       Internal organ damage, including splenic and liver lacerations
•       Dental and orbital injuries
•       Post-traumatic stress disorder and ride-related anxiety

Why might serious injuries take days to appear after a crash?

Serious injuries may take days to appear after a crash because adrenaline and cortisol mask pain and inflammation in the first 24 to 72 hours. Closed-head injuries, soft-tissue tears, and internal bleeding often present late. Always seek medical evaluation immediately after a crash, even if you feel uninjured.

Can you recover for emotional distress after a bicycle crash?

You can recover for emotional distress after a bicycle crash as part of your pain and suffering damages, particularly when the distress accompanies a physical injury. PTSD, fear of cycling, and panic-related symptoms are recognized injury components in New York personal injury law.

Is your medical record enough to prove your injuries?

Your medical record is necessary but rarely sufficient on its own to prove the full scope of your injuries. Insurance carriers minimize records, attack treatment gaps, and hire defense medical examiners to write opinions disputing causation. We retain board-certified treating and consulting experts to counter those reports.

Can you sue a driver who only “tapped” your bike?

You can sue a driver who only tapped your bike if the impact caused you to fall, swerve, or sustain any compensable injury. Low-speed contacts routinely produce concussions, wrist fractures, and shoulder separations because the cyclist absorbs the full energy of the fall.

What if your crash was caused by a defective bicycle component?

If your crash was caused by a defective bicycle component, you may have a products liability claim against the manufacturer, the distributor, and the retailer. Common claims involve carbon fork failures, brake caliper defects, and quick-release skewer failures.

Can you bring a claim if you were riding under the influence?

You may still bring a claim if you were riding under the influence, but your recovery will likely be reduced under comparative negligence. Riding while impaired does not automatically bar a claim if the at-fault driver bears the larger share of fault.

Why hire The Law Office of Jeffrey Weiskopf, P.C. for your bicycle accident case?

You should hire our firm because Jeffrey Weiskopf personally handles every case from intake through resolution and brings nearly 20 years of trial experience to bicycle injury claims. We do not hand you off to a paralegal or junior associate.

Do you offer a free consultation?

We offer a free, no-obligation consultation 24 hours a day, seven days a week. Our intake line is staffed around the clock so you can reach us from a hospital bed or a home recovery room.

How do legal fees work on a bicycle accident case?

Legal fees on a bicycle accident case are paid through a contingency arrangement, which means you pay nothing unless we recover compensation for you. We also advance all case costs, including expert fees, deposition transcripts, and accident reconstruction.

How quickly should you contact an attorney after a crash?

You should contact an attorney as soon as you are medically stable. Evidence disappears within days. Surveillance footage is overwritten on a 7 to 30 day cycle, witness memories fade, and damaged road conditions are repaired before they can be photographed and documented.

Speak with a Westchester County bicycle accident attorney today at our Law Firm

Call Jeffrey Weiskopf, P.C. at 914-315-0111 for a free, confidential case evaluation, or visit us at 30 State St, Suite 2B, Ossining, NY 10562. Our phone line is answered 24 hours a day, seven days a week, and we are happy to come to you if your injuries make travel difficult.

Time matters, and the sooner we begin investigating, the stronger your case will be.