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Cyclist & Pedestrian Accidents
Bicycle Accidents

Cyclist & Pedestrian Accidents

By Jason Tenenbaum 8 min read

Key Takeaway

Long Island cyclist and pedestrian accidents: understanding dangers, causes, and legal rights. Expert analysis of suburban sprawl risks and safety issues.

This article is part of our ongoing bicycle accidents coverage, with 83 published articles analyzing bicycle accidents issues across New York State. Attorney Jason Tenenbaum brings 24+ years of hands-on experience to this analysis, drawing from his work on more than 1,000 appeals, over 100,000 no-fault cases, and recovery of over $100 million for clients throughout Nassau County, Suffolk County, Queens, Brooklyn, Manhattan, and the Bronx. For personalized legal advice about how these principles apply to your specific situation, contact our Long Island office at (516) 750-0595 for a free consultation.

pedestrian accidentsCrossing Sunrise Highway or biking along Jericho Turnpike shouldn’t feel like an extreme sport. Yet here we are. Last year alone, Nassau and Suffolk Counties saw over 1,200 reported pedestrian and cyclist accidents. Suffolk’s cycling fatality rate? A grim double the state average. Those numbers aren’t just statistics – they’re neighbors, friends, and families shattered.

Recent incidents underscore this crisis. Just this past June, three bicyclists were injured in Manhattan at East 120th Street and Madison Avenue. Even more tragic, a 43-year-old cyclist died in Central Park after colliding with a pedestrian, highlighting how infrastructure failures create dangerous conditions for everyone sharing the road.

Why Long Island Presents Distinct Dangers

Suburban sprawl creates a perfect storm: wide, high-speed arterial roads often lack protected bike lanes or adequate crosswalks. The lack of wide shouldered lanes and marked bike lanes contributes to Long Island’s exceptionally high crash rates. Public transit gaps force more people to walk or cycle alongside traffic engineered solely for cars. Visibility issues play a significant role, as many drivers claim they simply didn’t see cyclists.

Similar scenarios play out daily near shopping plazas, school zones, and LIRR stations. A recent Brooklyn cyclist was struck at Lee Avenue and Penn Street, requiring hospitalization – another reminder that teenagers, seniors, and essential workers walking to bus stops face disproportionate risks.

The Mechanics of Mayhem: How These Crashes Happen

Driver behavior remains the dominant factor. Distracted driving (texting has reached epidemic proportions), aggressive speeding, and failure to yield at crosswalks top the list. Impaired driving at night compounds visibility issues. The National Highway Traffic Safety Administration offers extensive data on these factors.

Infrastructure problems can’t be ignored either. Ever tried crossing Hempstead Turnpike after dusk? Inadequate lighting and “slip lane” designs prioritize vehicle speed over human safety. Weather worsens conditions, but why do we accept roads that become death traps when it drizzles?

Safety experts recommend that Long Island cyclists make themselves visible, ride on roadways with designated bike lanes, and avoid riding at night. When nighttime riding is necessary, proper lighting is essential, and cyclists should always ride with the flow of traffic.

Your Rights After the Worst Happens

New York law is clear: pedestrians in crosswalks have near-absolute right-of-way. Cyclists have equal road rights as vehicles. Yet insurers will pounce on any perceived fault. Here’s the crucial part: under NY’s comparative negligence rule, even if you’re 20% at fault (maybe jaywalking), you can still recover 80% of damages. Don’t let them tell you otherwise. More information about New York’s traffic laws can be found on the DMV website.

Injuries Demand Maximum Compensation

These aren’t fender-benders. Traumatic brain injuries, spinal damage, and complex fractures require years of rehab. Recoverable damages include:

  • All medical costs (including future surgeries or therapy)
  • Lost wages and diminished earning potential
  • Pain and suffering (which courts do value significantly)
  • Bike replacement and other property loss

The financial impact extends far beyond immediate medical bills. Many victims face permanent disabilities that affect their ability to work and enjoy life. Medical expenses can spiral into hundreds of thousands of dollars. Lost income from careers cut short compounds the devastation.

After a crash, chaos reigns. Police reports might downplay driver fault. Insurers pressure quick, lowball settlements while you’re still in shock.

At The Law Office of Jason Tenenbaum, P.C., we take immediate action:

  • We secure evidence (surveillance footage, witness statements) before it vanishes.
  • We handle all insurer negotiations – no more stressful calls interrupting recovery.
  • We build comprehensive damage models proving every future medical need.
  • We litigate aggressively if fair settlement proves impossible (contingency fees mean you pay nothing upfront).

Evidence disappears quickly. Surveillance systems record over footage. Witnesses forget details or move away. Physical evidence at crash sites gets cleared within days. Acting fast makes the difference between a strong case and an uphill battle.

Beyond the Courtroom: Fighting for Safer Streets

While we champion individual victims, we also push systemic change. We support Complete Streets initiatives, lobby for protected bike lanes like those reducing fatalities in NYC, and back groups like Bike Long Island. Simple fixes save lives: better lighting, curb extensions, pedestrian islands. The Complete Streets program aims to make roadways safe for all users.

The high rates of cycling and pedestrian crashes on Long Island underscore the urgent need for improved infrastructure and heightened safety awareness. These recurring accidents highlight ongoing legal implications related to liability, responsibility, and the need for better safety protocols.

Change happens when communities demand accountability. Every successful case sends a message that reckless driving has consequences. Drivers who text and kill pedestrians face real financial penalties. Cities that ignore dangerous intersections get sued and forced to improve them.

Your Next Step Forward

If a careless driver turned your walk or ride into trauma, deadlines loom. NY has a 3-year statute of limitations, and evidence fades fast. The Law Office of Jason Tenenbaum, P.C. brings 30+ years of focused advocacy for pedestrians and cyclists across Nassau and Suffolk. We’ve seen every insurance tactic and won’t let them minimize your suffering.

Recovery requires more than medical treatment. It demands justice and fair compensation that acknowledges the full scope of your losses. Insurance companies count on victims accepting inadequate settlements out of desperation or ignorance of their rights.

We fight those tactics every day. Our experience with pedestrian and cyclist cases gives us insight into the specific challenges these victims face. From understanding the long-term implications of traumatic brain injuries to calculating the true cost of permanent mobility limitations, we build cases that reflect reality.

Don’t wait for insurance adjusters to call with their “generous” offers. They’re not generous – they’re calculated to save money at your expense. The longer you wait, the weaker your position becomes. Medical bills pile up while you struggle to understand your options.

Call us today at (516) 750-0595 or email intake@jtnylaw.com for a free, no-pressure case review. Because safer streets start with holding the reckless accountable – and helping victims rebuild lives with dignity.

The Law Office of Jason Tenenbaum, P.C. – Your Advocate When Roads Turn Dangerous

Legal Context

Why This Matters for Your Case

Personal injury law in New York is governed by a complex web of statutes, case law, and procedural rules that differ from most other states. The statute of limitations for most personal injury claims is three years under CPLR 214(5), but claims against municipalities require a Notice of Claim within 90 days. Motor vehicle accident victims must meet the serious injury threshold under Insurance Law §5102(d) before they can recover pain and suffering damages.

The Law Office of Jason Tenenbaum has recovered over $100 million for injured clients across Long Island, Nassau County, Suffolk County, Queens, Brooklyn, Manhattan, and the Bronx. With 24+ years of trial and appellate experience, more than 1,000 appeals written, and 2,353+ published legal articles, Jason Tenenbaum provides the authoritative legal analysis that practitioners and injury victims need to understand their rights.

This article reflects real courtroom experience and a deep understanding of how New York courts actually evaluate personal injury claims — from the initial filing through discovery, summary judgment, trial, and appeal.

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Common Questions

Frequently Asked Questions

What should I do immediately after a car accident in New York?

Call 911, seek medical attention, exchange information with the other driver, document the scene with photos, and report the accident to your insurer within 30 days. File a no-fault application (NF-2) promptly to preserve your benefits, and consult an attorney before giving recorded statements to any insurance company.

Can I sue the other driver after a car accident in New York?

Yes, but only if you meet the "serious injury" threshold under Insurance Law §5102(d). This requires showing a significant injury such as a fracture, permanent limitation of use, or significant disfigurement. If you meet this threshold, you can pursue a personal injury lawsuit for pain and suffering, medical costs, and lost wages beyond no-fault limits.

How does comparative fault work in New York car accident cases?

New York follows pure comparative negligence (CPLR §1411), meaning you can recover damages even if you were partially at fault. Your recovery is reduced by your percentage of fault — so if you were 30% responsible, you receive 70% of the total damages. This makes it critical to have strong evidence of the other party's negligence.

How long do I have to file a personal injury claim in New York?

In New York, the statute of limitations for most personal injury claims is three years from the date of the accident under CPLR 214(5). Medical malpractice claims must be filed within two and a half years under CPLR 214-a. Claims against a municipality require a Notice of Claim within 90 days of the incident. Missing these deadlines typically bars your claim entirely, which is why consulting with an attorney promptly is essential.

What damages can I recover in a New York personal injury case?

In New York personal injury cases, you may recover economic damages (past and future medical expenses, lost wages, loss of earning capacity, and out-of-pocket costs) and non-economic damages (pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium). New York does not cap personal injury damages in most cases, but for motor vehicle accidents, you must meet the serious injury threshold under Insurance Law §5102(d) to recover non-economic damages.

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Attorney Jason Tenenbaum

About the Author

Jason Tenenbaum, Esq.

Jason Tenenbaum is the founding attorney of the Law Office of Jason Tenenbaum, P.C., headquartered at 326 Walt Whitman Road, Suite C, Huntington Station, New York 11746. With over 24 years of experience since founding the firm in 2002, Jason has written more than 1,000 appeals, handled over 100,000 no-fault insurance cases, and recovered over $100 million for clients across Long Island, Nassau County, Suffolk County, Queens, Brooklyn, Manhattan, the Bronx, and Staten Island. He is one of the few attorneys in the state who both writes his own appellate briefs and tries his own cases.

Jason is admitted to practice in New York, New Jersey, Florida, Texas, Georgia, and Michigan state courts, as well as multiple federal courts. His 2,353+ published legal articles analyzing New York case law, procedural developments, and litigation strategy make him one of the most prolific legal commentators in the state. He earned his Juris Doctor from Syracuse University College of Law.

24+ years in practice 1,000+ appeals written 100K+ no-fault cases $100M+ recovered

Disclaimer: This article is published by the Law Office of Jason Tenenbaum, P.C. for informational and educational purposes only. It does not constitute legal advice, and no attorney-client relationship is formed by reading this content. The legal principles discussed may not apply to your specific situation, and the law may have changed since this article was last updated.

New York law varies by jurisdiction — court decisions in one Appellate Division department may not be followed in another, and local court rules in Nassau County Supreme Court differ from those in Suffolk County Supreme Court, Kings County Civil Court, or Queens County Supreme Court. The Appellate Division, Second Department (which covers Long Island, Brooklyn, Queens, and Staten Island) and the Appellate Term (which hears appeals from lower courts) each have distinct procedural requirements and precedents that affect litigation strategy.

If you need legal help with a bicycle accidents matter, contact our office at (516) 750-0595 for a free consultation. We serve clients throughout Long Island (Huntington, Babylon, Islip, Brookhaven, Smithtown, Riverhead, Southampton, East Hampton), Nassau County (Hempstead, Garden City, Mineola, Great Neck, Manhasset, Freeport, Long Beach, Rockville Centre, Valley Stream, Westbury, Hicksville, Massapequa), Suffolk County (Hauppauge, Deer Park, Bay Shore, Central Islip, Patchogue, Brentwood), Queens, Brooklyn, Manhattan, the Bronx, Staten Island, and Westchester County. Prior results do not guarantee a similar outcome.

Jason Tenenbaum, Personal Injury Attorney serving Long Island, Nassau County and Suffolk County

About the Author

Jason Tenenbaum

Jason Tenenbaum is a personal injury attorney serving Long Island, Nassau & Suffolk Counties, and New York City. Admitted to practice in NY, NJ, FL, TX, GA, MI, and Federal courts, Jason is one of the few attorneys who writes his own appeals and tries his own cases. Since 2002, he has authored over 2,353 articles on no-fault insurance law, personal injury, and employment law — a resource other attorneys rely on to stay current on New York appellate decisions.

Education
Syracuse University College of Law
Experience
24+ Years
Articles
2,353+ Published
Licensed In
7 States + Federal

Legal Resources

Understanding New York Bicycle Accidents Law

New York has a unique legal landscape that affects how bicycle accidents cases are litigated and resolved. The state's court system includes the Civil Court (for claims up to $25,000), the Supreme Court (the primary trial court for unlimited jurisdiction), the Appellate Term (which hears appeals from lower courts), the Appellate Division (divided into four Departments, with the Second Department covering Long Island, Brooklyn, Queens, Staten Island, and several upstate counties), and the Court of Appeals (the state's highest court). Each court has its own procedural requirements, local rules, and case-assignment practices that can significantly impact the outcome of your case.

For bicycle accidents matters on Long Island, cases are typically filed in Nassau County Supreme Court (at the courthouse in Mineola) or Suffolk County Supreme Court (in Riverhead). No-fault arbitrations are heard through the American Arbitration Association, which assigns arbitrators throughout the metropolitan area. Workers' compensation claims go to the Workers' Compensation Board, with hearings at district offices across the state. Understanding which forum is appropriate for your case — and the specific procedural rules that apply — is essential for a successful outcome.

The procedural landscape in New York also includes important timing requirements that can affect your case. Most civil actions are subject to statutes of limitations ranging from one year (for intentional torts and claims against municipalities) to six years (for contract actions). Personal injury cases generally have a three-year deadline under CPLR 214(5), while medical malpractice claims must be filed within two and a half years under CPLR 214-a. No-fault insurance claims have their own regulatory deadlines, including 30-day filing requirements for applications and 45-day deadlines for provider claims. Understanding and complying with these deadlines is critical — missing a filing deadline can permanently bar your claim, regardless of how strong your case may be on the merits.

Attorney Jason Tenenbaum regularly practices in all of these venues. His office at 326 Walt Whitman Road, Suite C, Huntington Station, NY 11746, is centrally located on Long Island, providing convenient access to courts and offices throughout Nassau County, Suffolk County, and New York City. Whether you need representation in a no-fault arbitration, a personal injury trial, an employment discrimination hearing, or an appeal to the Appellate Division, the Law Office of Jason Tenenbaum, P.C. brings $24+ years of real courtroom experience to your case. If you have questions about the legal issues discussed in this article, call (516) 750-0595 for a free, no-obligation consultation.

New York's substantive law also presents distinct challenges. In motor vehicle cases, the no-fault system under Insurance Law Article 51 provides first-party benefits regardless of fault, but limits the right to sue for non-economic damages unless the plaintiff establishes a "serious injury" under one of nine statutory categories. This threshold — codified at Insurance Law Section 5102(d) — requires medical evidence showing more than a minor or subjective injury, and courts have developed detailed standards for each category. Fractures must be documented through imaging studies. Claims of permanent consequential limitation or significant limitation of use require quantified range-of-motion testing with comparison to norms. The 90/180-day category demands proof that the plaintiff was unable to perform substantially all of their usual daily activities for at least 90 of the 180 days following the accident.

In employment discrimination cases, the legal standards vary depending on whether the claim arises under state or local law. The New York State Human Rights Law employs a burden-shifting framework: the plaintiff must first establish a prima facie case by showing membership in a protected class, qualification for the position, an adverse employment action, and circumstances giving rise to an inference of discrimination. The burden then shifts to the employer to articulate a legitimate, non-discriminatory reason for its decision. If the employer meets this burden, the plaintiff must demonstrate that the stated reason is pretextual. The New York City Human Rights Law, by contrast, applies a broader standard, asking whether the plaintiff was treated less well than other employees because of a protected characteristic.

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The Law Office of Jason Tenenbaum, P.C. has been fighting for the rights of injured New Yorkers since 2002. With over 24 years of experience handling personal injury, no-fault insurance, employment discrimination, and workers' compensation cases, Jason Tenenbaum brings the legal knowledge and courtroom experience your case demands. Every consultation is free and confidential, and we work on a contingency fee basis — meaning you pay absolutely nothing unless we recover compensation for you.

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