Fact-Checked
A White Plains bicycle accident lawyer protects your compensation claim when a careless driver or dangerous road leaves you seriously hurt. MooreJustice Accident & Injury Lawyers represents injured cyclists throughout White Plains and Westchester County. Insurers often push blame onto the person on the bike, and New York's fault rules give them plenty of room to do it.
Call (917) 809-7014 today for a free case evaluation, and let us take the pressure off while you focus on medical treatment.
Injured by someone else’s negligence?
The Law Offices of Darren T. Moore, P.C. practices as MooreJustice Accident & Injury Lawyers, and our founding attorney has over 17 years of experience as a New York personal injury attorney. We prepare every case as though it could go to trial. That work starts with the police report and the coverage behind every vehicle involved.
We obtained $250,000 for a bicyclist struck by a motor vehicle, the full policy limits, and $160,000 for a bicyclist hit by a bus after the driver blamed the rider. Prior results do not guarantee a similar outcome, and our full list of case results shows the range of injuries we handle.
Our office is in Manhattan, and we represent injured riders in White Plains and across Westchester County. Our White Plains personal injury lawyers also handle car, construction, and slip and fall claims, and we pursue New York City bicycle accident cases throughout the five boroughs. When adjusters call, we handle the contact so you don't have to explain the crash while injured.
A few rules decide who pays your early bills, when pain and suffering becomes available, and how fault gets divided.
A rider hit by an insured car generally qualifies for no-fault benefits. New York's mandatory personal injury protection endorsement covers people injured by the insured vehicle while they are not occupying another motor vehicle.
Under Insurance Law § 5102, basic economic loss is capped at $50,000 per person and includes medical expenses and lost earnings up to $2,000 a month for up to 3 years. Written notice of the claim is due within 30 days of the crash unless you can show clear and reasonable justification for the delay.
The endorsement also lets anyone claiming these benefits choose arbitration when the insurer disagrees. Riders and drivers file under the same system, so it helps to understand how no-fault works after a White Plains car accident.
No-fault benefits do not pay for pain and suffering. Under Insurance Law § 5104, a claim for those damages against a negligent driver covered by the no-fault system requires a serious injury.
The definition in Insurance Law § 5102 includes a fracture, significant disfigurement, a permanent consequential limitation of use of a body organ or member, and a significant limitation of use of a body function or system. Insurers frequently challenge this threshold, so objective medical proof matters from the first appointment.
New York handles shared fault differently depending on what caused your bicycle crash. Insurance companies will try to push as much blame onto you as possible, so understanding these two rules is key to protecting your claim:
If your crash involved a car or truck, the law under CPLR § 1411(b) sets a 51% fault limit:
Note: If fault is split 50/50 between you and the driver, you are not barred from recovering damages.
If your crash was caused by a dangerous pothole, loose gravel, or improper road design rather than another vehicle, New York's pure comparative fault rule applies:
Because insurance adjusters love trying to push a rider's share of blame over that 50% mark, we start gathering evidence, like crash scene photos, camera footage, and witness statements, immediately to keep your percentage of fault as low as possible.
Call MooreJustice Accident & Injury Lawyers at (917) 809-7014 for a free case evaluation if an insurer is trying to blame you for your crash.
Each type of crash raises its own questions about fault, coverage, and deadlines.
VTL § 1214 bars anyone from opening a motor vehicle door on the side available to moving traffic unless it is reasonably safe and will not interfere with traffic. We identify who opened the door, whether a rideshare or delivery trip was underway, and which policy covers the occupant.
Under VTL § 1122-a, a driver overtaking a bicycle must pass on the left at a safe distance. Close passes, mirror strikes, and early cut-backs can push a rider into parked cars or the curb, and those facts can support a negligence claim.
Every driver must exercise due care to avoid colliding with a bicyclist under VTL § 1146. Right-hook turns and left turns across a rider's path often come down to signal timing, camera footage, and witness accounts, so we secure that proof early.
Delivery vans, box trucks, and buses raise extra questions. We examine whether the driver was working at the time, which company owns the vehicle, and which policies apply. When a city or county operates the vehicle, public-entity notice of claim rules apply.
Potholes and broken pavement can throw a rider with no vehicle involved. A claim against a city or county generally requires a sworn notice of claim within 90 days under General Municipal Law § 50-e. That statute also preserves any law requiring prior written notice of a street or sidewalk defect before liability attaches.
Westchester County Parks closes a 6.5-mile stretch of the Bronx River Parkway to cars during its Bicycle Sundays program, starting at the Westchester County Center in White Plains. With cars excluded, a crash there typically involves another rider or a surface hazard, and no-fault benefits would not apply.
Whether a driver, a company, or a public agency caused your crash, call (917) 809-7014 so we can start preserving evidence while you recover.
Beyond the 30-day no-fault notice, a few longer deadlines control whether your claim survives:
A court may allow a late notice of claim, but it cannot extend that time past the deadline to file the lawsuit. Evidence runs on a shorter clock, since footage gets overwritten and bikes get repaired, so we act early.
New York only requires helmets for bicycle riders under 14 and for anyone operating a class three e-bike. Under VTL § 1238, failing to follow that section is not contributory negligence and does not reduce the damages you can recover. Adults on standard bicycles have no statewide helmet requirement, though insurers may still raise the issue.
Largely, yes. VTL § 1231 gives a person riding a bicycle on a roadway the rights and duties that apply to drivers, except for bicycle-specific rules and provisions that cannot apply by their nature. Insurers like to focus on a rider's duties, and we hold drivers to theirs.
No-fault benefits cover injuries arising from the use or operation of a motor vehicle, so they generally will not apply. You may still have a negligence claim against the person responsible. Without a motor vehicle involved, your own share of fault reduces the damages rather than barring recovery.
Yes. A police report records an officer's view of the scene, and that view can be incomplete or wrong. We test it against camera footage, witness statements, vehicle damage, and the condition of your bike.
Value depends on your injuries, treatment, lost income, available insurance, and the liability evidence. In a crash with an insured car, no-fault benefits cover basic economic loss, and pain and suffering requires a serious injury. Policy limits can cap what an insurer pays, so we look for every source of coverage early.
We handle bicycle accident cases on a contingency fee basis, so you pay attorney fees only if we recover money. We explain the fee terms before you sign, and your first case evaluation costs nothing.
You deserve answers, accountability,
and full compensation
A serious bicycle crash can take away your income, your mobility, and your confidence on the road. Across White Plains and Westchester County, MooreJustice Accident & Injury Lawyers stands between injured riders and the insurers working to limit their claims.
Our attorneys are ready to review your crash, find the applicable insurance, and explain your options. Call a White Plains bicycle accident lawyer at (917) 809-7014 or contact our team online to schedule a free case evaluation. Our phones are answered 24/7, and we speak with clients in English and Spanish.
Darren Moore is the founder of The Law Offices of Darren T. Moore, P.C. and a dedicated New York personal injury attorney. Known for his relentless advocacy and client-focused approach, he has spent his career helping injury victims pursue justice and recover the compensation they deserve. Darren handles a wide range of personal injury matters and is committed to delivering personalized representation for every client.
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