Westchester County, NY Bicycle Accident Lawyers
Hit while biking in Westchester County? Get the legal support you deserve.
Cyclists ride with nothing but a helmet between them and 3,000 pounds of steel. When a car hits a bicycle, it’s never a fair fight. In Westchester County, where winding suburban roads meet busy intersections, a bike ride can turn dangerous in seconds. Drivers aren’t always watching. Roads aren’t always designed for bikes. When something goes wrong, it’s the cyclist who pays the highest price.
The Westchester County bicycle accident lawyers at Giampa Law don’t just represent injured cyclists; we advocate for safer streets. We know what it means to share the road and what it takes to hold negligent drivers accountable. Whether you were hit by a car, forced off the road, or injured in a hit-and-run, we’re here to help you understand your rights, your options, and how to rebuild your life. Because if you’ve been knocked down, you deserve more than sympathy. You deserve justice. To learn how we can help, contact us to set up a free consultation.
“Having had Giampa Law represent me for a couple of cases, my experience with them has been nothing less than the best. The staff there are always professional, responsive, and very diligent to say the least. If ever you should run into legal trouble they are the team you need/want to have in your corner. #DreamTeam” – S.W., ⭐⭐⭐⭐⭐
FAQs About Westchester County, NY Bicycle Accidents
- What are the most common causes of bicycle accidents?
- What should I do after a bicycle crash?
- Who is responsible for my injuries?
- What laws protect cyclists in New York?
- Can I recover compensation if I wasn’t wearing a helmet?
- What types of damages can I recover?
- What if the driver fled the scene?
- How long do I have to file a claim in New York?
- Why should I hire a bicycle accident lawyer?
What are the most common causes of bicycle accidents?
Most bicycle crashes in Westchester County stem from preventable causes. Here are some of the most common factors that lead to bicycle accidents:
Driver negligence
- Turning left without checking for cyclists in the crosswalk or bike lane
- “Dooring” accidents when drivers open car doors into the path of a cyclist
- Speeding, distracted driving, or failing to yield at intersections
Poor road infrastructure
- Lack of protected bike lanes or clearly marked shoulders
- Potholes, uneven pavement, or debris that force riders into traffic
- Poor lighting or inadequate signage at crossings
Bike-related issues
- Faulty brakes, worn tires, or mechanical defects
- Riding at night without proper front and rear lights
No matter what caused your bicycle accident in Westchester County, Giampa Law can get to the bottom of it. We know what evidence to look for during an investigation and how to identify the at-fault party, so insurance companies can’t try to shift the blame onto you.
What should I do after a bicycle crash?
The moments after a bicycle crash can be chaotic, painful, and confusing, but what you do next can have a major impact on your health and your ability to recover compensation. Here’s a quick checklist to guide you through those important first steps:
- Get to safety: If you’re in the road and can move without further injury, get to the sidewalk or shoulder. Avoid staying in traffic where another vehicle could cause more harm.
- Call 911 and request EMS: Even if you think your injuries are minor, adrenaline can mask serious problems. Let emergency responders check you out and document everything.
- Document the crash scene: Take clear photos of your bike, the vehicle(s) involved, any damage, road conditions, traffic signs, and skid marks. These details can be helpful for your claim later.
- Collect information: Get names, contact info, insurance details, and plate numbers from everyone involved, plus contact info for any witnesses.
- Keep comments to a minimum: Stick to the basic facts and avoid saying things like “I’m sorry” or “I’m fine.” These statements can be used against you later by insurance companies.
- Get a Westchester County bicycle accident lawyer: Never give the driver’s insurance company a recorded statement without first speaking to a lawyer. Insurance adjusters know how to pin the blame and downplay injuries. An attorney at Giampa Law won’t let them get away with it.
- Keep all important records: Keep copies of all medical records, receipts, appointment logs, prescriptions, and anything that helps prove the value of your claim.
Who is responsible for my injuries?
When you’re injured in a bicycle accident, figuring out who’s responsible isn’t always simple. More than one party can be at fault. Identifying negligent parties is key to getting full compensation for your injuries. Here are some common parties who may be responsible:
- Negligent drivers: Most bike crashes involve motorists who were speeding, distracted, or failed to yield. Drivers making unsafe turns or drifting into bike lanes are often liable.
- City maintenance crews: If your crash involved a pothole, loose gravel, or other roadway hazard that wasn’t addressed, the city or municipality responsible for road upkeep may be held accountable.
- Auto manufacturers: In rare cases, a vehicle defect (for example, faulty brakes or malfunctioning steering) could be to blame, which can open the door to a product liability claim.
Be aware that insurance companies often try to take advantage of New York’s comparative negligence rule. This means you can still get compensation even if you’re partially at fault for a bicycle accident, but your compensation would be reduced. Insurance companies may try to shift the blame onto you to reduce their financial obligation.
That’s why you need a strong legal advocate on your side protecting your rights every step of the way. Giampa Law can sort through the details and build a strong case for you.
What laws protect cyclists in New York?
New York law recognizes that cyclists deserve the same respect and protection as anyone else on the road. While many drivers still treat bikes as an afterthought, the law is clear and it continues to evolve to offer cyclists stronger safeguards, especially as more people take to two wheels. Here’s what you should know:
VTL § 1231
This section of the Vehicle and Traffic Law says cyclists have the same rights and duties as drivers of motor vehicles. That means bikes are entitled to full use of the lane when appropriate, and drivers must treat them accordingly.
Suburban adoption of NYC-style protections
In recent years, Westchester communities have begun to adopt cycling policies that mirror New York City’s, including infrastructure upgrades, bike lane expansions, and tougher penalties for driver negligence.
Safe passing laws
New York requires drivers to pass cyclists at a safe distance. While there’s no exact measurement in the statute, the general rule is “at least three feet.” Unfortunately, many drivers ignore this, passing too closely and endangering riders. These violations often form the basis of negligence in bike crash claims.
Can I recover compensation if I wasn’t wearing a helmet?
You can still recover compensation even if you weren’t wearing a helmet at the time of your bicycle accident, especially if you’re an adult. In New York, helmets are only legally required for riders under 14. That means not wearing one doesn’t automatically make you responsible for your injuries.
However, insurance companies might try to use the lack of a helmet against you, particularly if you suffered a head injury. They may argue that your injuries would’ve been less severe if you’d worn a helmet. While this tactic can influence how damages are calculated, it doesn’t mean you’re barred from recovering.
To strengthen your case, our Westchester bicycle accident attorneys can bring in medical experts to explain the true cause and extent of your injuries. These professionals can help show that the crash (not your choice of gear) is what really caused your harm.
What types of damages can I recover?
After a bicycle accident, the physical injuries are just the beginning. The financial and emotional toll can last for months or years. If someone else’s negligence caused your crash, you may be entitled to recover damages such as:
- Short-term medical costs
- Emergency room visits
- Ambulance fees
- Diagnostic tests such as x-rays and CT scans
- Immediate surgeries or procedures
- Long-term medical and financial losses
- Ongoing physical therapy or pain management
- Reduced mobility or permanent disability
- Time missed from work or lost future earnings
- Career changes due to physical limitations
- Non-economic damages
- Emotional trauma and mental anguish
- Loss of enjoyment of life
- Fear of riding again or PTSD-like symptoms
Justice means accounting for everything; not just the injuries you can see. If you were hurt in a bicycle accident, Giampa Law can relentlessly fight for the full compensation you deserve for both economic and non-economic damages.
What if the driver fled the scene?
Getting hit by a car is traumatic enough. But when the driver speeds off and leaves you in the road, it’s even worse. Fortunately, you still have options, even if the at-fault driver is never found.
Here’s what can help:
- Check for surveillance cameras: Footage from Ring doorbells, traffic cams, and local businesses can help identify the vehicle or back up your version of events.
- File a police report immediately: It documents the crash and gives investigators something to work with.
- Talk to witnesses: Bystanders may have seen the license plate or details that you missed in the chaos.
If you have uninsured motorist coverage, you may be able to get coverage if the driver can’t be identified. You may also qualify for compensation through NY MVAIC. The New York Motor Vehicle Accident Indemnification Corporation helps victims in hit-and-run cases when no insurance is available.
A Westchester County bicycle accident lawyer at Giampa Law can help you explore your options for compensation, so you don’t have to pay out of pocket because of someone else’s actions.
How long do I have to file a claim in New York?
In New York, you have three years from the date of the crash to file a claim. However, the clock starts ticking the moment a bicycle accident happens. Waiting too long can cost you your right to recover compensation.
Additionally, you only have 90 days if your crash involved a city or municipal vehicle (for example, a public bus or sanitation truck). In those cases, you must file a Notice of Claim with the appropriate agency before moving forward with a lawsuit.
Even though it might seem like you have time, it’s always better to act fast. The sooner you start, the easier it is to gather evidence such as surveillance footage, road condition photos, and witness statements. Memories fade, physical evidence disappears, and insurance companies get tougher the longer you wait. Starting early gives you the best shot at building a strong case and getting the compensation you deserve.
Why should I hire a bicycle accident lawyer?
After a bicycle accident in Westchester County, it’s easy to feel overwhelmed by the physical pain, medical bills, and insurance red tape. The road to recovery can feel impossible. That’s where Giampa Law can make a real difference. We understand how quickly your life can change after a crash, and we’re here to protect your rights every step of the way.
Here’s what we can do for you after a bicycle accident:
- Investigate the crash thoroughly by gathering police reports, video footage, and witness statements.
- Work with accident reconstruction experts to prove fault and challenge inaccurate narratives.
- Document your injuries and losses to build a clear and compelling compensation claim.
- Handle all communication with insurance companies, so you don’t have to worry about being pressured into a low settlement.
- Push back against blame-shifting tactics, including attempts to fault you for road position or not wearing a helmet.
- Pursue full compensation for medical expenses, lost income, pain and suffering, and long-term impacts.
- Take your case to court if needed, with aggressive, experienced trial attorneys on your side.
When you hire Giampa Law, you’re not just hiring a lawyer; you’re hiring a team that fights for cyclists like you. We’re here to help you understand your rights, fight for what’s fair, and get you back to living your life.
Book a free consultation with a Westchester County bicycle accident attorney.
When you reach out to Giampa Law, your first consultation is always free and there’s no pressure to make a decision on the spot. This is your opportunity to talk with an experienced attorney, get clear answers to your questions, and find out what your legal options really look like.
We’ll listen to your story, review the details of your bike accident, and help you understand whether you have a strong case. If you decide to move forward, we’ll explain exactly what happens next, step by step.
We also work on a contingency fee basis, which means you don’t pay us anything upfront. In fact, you don’t owe us a dime unless we win your case. Our payment comes as a percentage of the compensation we recover for you, so our goals are directly aligned with yours. When we fight for you, it’s because we believe in your case and your right to recover.
Contact us to schedule your free consultation. There’s no risk or obligation; just a real conversation about how to take the next step toward justice. If you can’t come to us, we’ll come to you; whether you’re in Yonkers, Greenburgh, New Rochelle, Mount Vernon, White Plains, or Rye.