Brooklyn Bicycle Accident Lawyer
Brooklyn’s streets were not designed with cyclists in mind. The borough has made real strides in building out bike lanes and greenways, but the reality on the ground is that riders share corridors with delivery trucks, rideshare vehicles, city buses, and drivers who are distracted, impatient, or simply not watching. When a collision happens, a cyclist absorbs the full force of it. There is no steel frame, no airbag, and no crumple zone. The injuries that follow are often serious, and the financial consequences can stretch for months or years.
A Brooklyn bicycle accident lawyer does more than file paperwork and negotiate a check. The work involves reconstructing exactly what happened, identifying every party whose conduct contributed to the crash, dealing with insurance carriers who have a professional interest in minimizing your claim, and building a case that accurately accounts for your medical treatment, your lost income, and the ways the injury has affected your daily life. These cases require someone who actually understands how New York’s traffic laws apply to cyclists, how comparative fault arguments get used against injured riders, and what it takes to push back on a low settlement offer.
At Mark David Shirian P.C., attorneys Mark D. Shirian and Shawn D. Shirian represent injury victims across New York City, including cyclists who have been hurt on Brooklyn’s streets, greenways, and intersections. The firm takes a direct approach: assess what happened, understand what the client actually needs going forward, and build toward the best possible outcome with that goal in mind.
How Brooklyn Bicycle Crashes Actually Happen
- Dooring accidents: A parked driver swings open a car door into the path of an oncoming cyclist. This is one of the most common crash types in Brooklyn, particularly on commercial corridors like Atlantic Avenue, Flatbush Avenue, and streets near the park where parallel parking is dense and riders have nowhere to swerve.
- Intersection collisions: Drivers turning right often fail to check for cyclists moving straight through, while left-turning vehicles cut across a cyclist’s path. High-traffic intersections in Downtown Brooklyn, near Atlantic Terminal, and along Fourth Avenue have seen significant cyclist injuries.
- Truck and delivery vehicle crashes: Large commercial vehicles have significant blind spots and wide turning radii. Industrial areas of Sunset Park and Red Hook see heavy freight traffic that poses serious hazards to cyclists on nearby lanes.
- Rideshare and taxi pull-outs: Vehicles stopping suddenly to pick up or drop off passengers in designated bike lanes are a persistent problem throughout Williamsburg, Crown Heights, and areas near transit hubs. A cyclist hit by a suddenly opening door or a vehicle pulling into a lane has a viable claim against the driver and potentially the platform company.
- Defective road conditions: Potholes, missing manhole covers, uneven pavement near construction sites, and faded lane markings can cause a cyclist to lose control. When the road defect is the cause, the City of New York or a contractor may bear liability, but these claims carry strict procedural deadlines that differ from ordinary injury claims.
- Hit and run incidents: Brooklyn sees a meaningful number of cyclists struck by drivers who flee the scene. In these situations, uninsured motorist coverage and other legal avenues may still provide recovery options, which is why speaking with an attorney early matters.
- Bus and transit collisions: MTA buses operating on Brooklyn routes make frequent stops and lane changes. Crashes involving city buses involve claims against a public authority, which require specific notice filings within tight deadlines.
What to Do in the Weeks After a Brooklyn Bicycle Crash
The decisions you make immediately after a crash and in the weeks that follow have a real effect on your case. The first priority is always medical care. Even if you rode away from the scene or did not feel seriously hurt at the time, get examined. Soft tissue injuries, concussions, and internal trauma can present delayed symptoms, and a gap in medical records can be used against you later to argue that your injuries were not serious or were caused by something unrelated to the crash.
If you are able to at the scene, document everything. Photograph the road, your bicycle, the vehicles involved, any visible injuries, and the surrounding environment including traffic signs, lane markings, and any physical debris. Get the names and contact information of witnesses. Request the police report number, and make sure a report was actually filed. In Brooklyn, police response to bicycle crashes can vary; if officers did not come to the scene, you can file a report at your local precinct. The New York City Police Department has precincts throughout the borough, including in Bushwick, Bedford-Stuyvesant, Park Slope, Bay Ridge, and Flatbush.
Claims involving New York City as a defendant, including crashes caused by dangerous road conditions, require a Notice of Claim filed with the city within 90 days of the incident. Missing this deadline can bar your claim entirely. Ordinary claims against private drivers and their insurers are governed by New York’s statute of limitations for personal injury actions, which generally allows three years from the date of the injury, but claims involving public entities carry that shorter 90-day notice requirement. Waiting is the most common and most costly mistake people make after a bike crash.
Keep every record related to the injury: medical bills, prescription receipts, notes from physicians, any documentation of missed work, and any communication from insurance companies. Do not give a recorded statement to the at-fault driver’s insurance company without first consulting an attorney. Their adjusters are trained to ask questions in ways that minimize the company’s exposure, and an offhand comment about how you feel or what you observed can be used to undervalue or deny your claim.
Brooklyn bicycle accident cases that go to litigation are heard in Kings County Supreme Court. The court’s civil division handles personal injury claims above the jurisdictional threshold, while smaller claims may fall in civil court. An attorney familiar with the Kings County courts and the timeline of civil litigation in that jurisdiction can help you understand what a realistic resolution might look like for your specific situation.
The Damages That Bicycle Accident Victims Actually Face
Cycling injuries tend to be significant because the rider has no protection. Fractured clavicles, wrist fractures from bracing during a fall, road rash requiring debridement and skin care, traumatic brain injuries even with a helmet, spinal injuries, and fractured hips or pelvises are among the most common serious outcomes. These injuries rarely resolve in a few weeks. They involve surgery, physical therapy, follow-up imaging, and sometimes permanent limitation of function.
Economic damages in a bicycle crash claim cover medical expenses both past and future, lost wages for time missed from work, lost earning capacity if the injury affects your ability to perform your job going forward, and out-of-pocket costs directly tied to the injury. Non-economic damages, which New York law permits in personal injury cases, address pain and suffering, loss of enjoyment of activities, and the broader impact on your quality of life. For riders who commute by bike or rely on cycling as a primary form of transportation, the disruption to daily life can be substantial.
New York is a no-fault insurance state, which means your own auto insurance policy’s personal injury protection coverage may apply if you have one. But cyclists without auto insurance access the Motor Vehicle Accident Indemnification Corporation program under certain circumstances, and third-party liability claims against negligent drivers remain fully available regardless of no-fault rules. Sorting through which avenues apply to your specific situation is one of the first things an attorney will work through with you.
Why Mark David Shirian P.C. Handles Brooklyn Bicycle Accident Cases
Mark David Shirian P.C. was founded with a clear focus: representing people who have been wronged and need attorneys who will work hard to get the right outcome. The firm describes its approach as assertive, dependable, creative, and honest, and that framing reflects how the attorneys operate. They do not treat cases as routine. Before any strategy is set, they take time to understand the client’s specific situation and goals, then build toward those goals directly.
The firm has recovered millions of dollars on behalf of clients in New York. Clients who have worked with Mark D. Shirian describe him as someone who fights hard, pays close attention to details that matter, and keeps clients informed throughout the process. For a bicycle accident victim dealing with medical appointments, missed work, and uncertainty about the future, having an attorney who communicates clearly and advocates assertively is not a small thing.
The bicycle accident attorney team at this firm serves clients across the full range of injury types, from single-vehicle crashes involving road defects to multi-party collisions with commercial carriers. Whether the case resolves through negotiation or requires litigation in Brooklyn’s courts, the firm is prepared to take it where it needs to go. Reach out to a Brooklyn bicycle accident attorney at Mark David Shirian P.C. by calling for a confidential case evaluation.
Questions Brooklyn Cyclists Ask After a Crash
How long do I have to file a bicycle accident claim in New York?
For claims against private parties, New York’s general personal injury statute of limitations gives you three years from the date of the injury. However, if your claim involves the City of New York or another government entity, you must file a Notice of Claim within 90 days of the incident before you can sue. This shorter deadline catches people off guard. If you were hurt due to a pothole, a defective bus stop, or any condition that a city agency is responsible for, that 90-day window is critical.
What if the driver who hit me does not have insurance?
New York requires drivers to carry auto insurance, but uninsured drivers exist. In hit-and-run situations or crashes involving uninsured motorists, you may be able to pursue a claim through your own uninsured motorist coverage if you have an auto policy. The Motor Vehicle Accident Indemnification Corporation may also provide a path to compensation in certain qualifying circumstances. An attorney can review what coverage is actually available given the specifics of your situation.
I was not wearing a helmet. Does that affect my case?
New York law requires helmets for cyclists under 14, but adult cyclists are not legally required to wear one. An insurance company or defense attorney may argue that your failure to wear a helmet contributed to your head injuries. This is where New York’s comparative fault rules come into play. Under comparative fault, your recovery may be reduced by the percentage of fault attributed to you, but it does not bar your claim entirely unless you are found to be more than 50% at fault. The specific facts matter significantly here.
Can I recover damages if I was riding in a bike lane when I was hit?
Yes. A driver who strikes a cyclist in a marked bike lane has violated the cyclist’s right of way, and that violation is strong evidence of negligence. Being in a designated lane does not guarantee you will not face contributory fault arguments, but it significantly strengthens your position. Document your lane position at the time of the crash with any available evidence, including traffic camera footage, witness accounts, and physical evidence at the scene.
What if the crash was caused by a pothole or dangerous road condition?
If a roadway defect caused or contributed to your crash, the City of New York or another responsible party, such as a private contractor performing street work, may be liable. These claims are handled differently than claims against private drivers. You must file a Notice of Claim with the city within 90 days, and you will need to show that the city had actual or constructive notice of the defect before your accident. Photographs, 311 complaint records, and prior incident reports can all be relevant evidence.
The driver says I ran a red light. Does that end my claim?
No. New York uses a comparative fault system, which means even if you were partially at fault for the accident, you may still recover damages proportional to the other party’s share of responsibility. What the driver claims happened and what actually happened are often very different. A thorough investigation, including witness statements, surveillance footage, traffic signal data, and physical evidence, can establish the actual sequence of events rather than relying on competing accounts.
Can I sue a rideshare company if their driver hit me while I was cycling?
The driver’s personal auto insurance and the rideshare company’s commercial coverage may both be relevant depending on whether the driver was actively completing a trip, waiting for a match, or off the app entirely at the time of the crash. Rideshare companies’ liability coverage kicks in under different conditions depending on the driver’s status within the app. These cases involve layered insurance questions that require careful analysis of the policy terms and the driver’s activity at the exact time of the crash.
How is a bicycle accident case different from a car accident case in New York?
In many ways the legal framework is similar: you need to establish negligence, causation, and damages. But bicycle cases often involve different insurance dynamics since cyclists may not have auto policies, different liability theories when road conditions are involved, and a heightened focus on proving the severity of injuries given that cyclists are so vulnerable to serious harm. The absence of a vehicle’s data recorder or safety systems means building the factual record often depends more heavily on physical evidence, witnesses, and available surveillance footage.
What does it actually cost to hire a bicycle accident attorney?
Personal injury cases are typically handled on a contingency fee basis, meaning the attorney receives a percentage of the recovery only if the case is resolved successfully. You do not pay attorney fees upfront or out of pocket. This arrangement allows injured cyclists to access legal representation regardless of their financial situation immediately after an accident. The specific fee structure and any case costs are things to discuss directly with the firm during your initial consultation.
My injuries seemed minor at first but got worse over time. Can I still pursue a claim?
Yes, and this is a common situation. Symptoms from concussions, soft tissue injuries, and orthopedic trauma can intensify days or weeks after the initial incident. The key is that you sought medical evaluation promptly and have documented your symptoms over time. A delay between the crash and the diagnosis of a serious condition can complicate a case, but it does not eliminate it. Your attorney will work with your medical providers to establish the connection between the accident and the full scope of your injuries.
Brooklyn Bicycle Injury Representation Across Every Neighborhood
Mark David Shirian P.C. represents cyclists injured throughout Brooklyn and across New York City. From the dense commercial streets of Williamsburg and Bushwick through the residential blocks of Park Slope, Carroll Gardens, and Windsor Terrace, the firm handles cases that arise in every corner of the borough. Cyclists hurt along the Brooklyn Waterfront Greenway, the paths near Prospect Park, or the shared lanes on Flatbush Avenue have all found their way to this firm for help.
The firm also represents clients from Bedford-Stuyvesant, Crown Heights, Flatbush, Midwood, Sheepshead Bay, and Marine Park. Crashes along heavily trafficked corridors like Atlantic Avenue, Eastern Parkway, Ocean Parkway, and Fourth Avenue generate serious injuries regularly, and the firm is familiar with the conditions and liability questions those routes present. Cyclists in Bay Ridge, Dyker Heights, Bensonhurst, and Canarsie are equally within the firm’s service area, as are riders hurt in the industrial sections of Red Hook and Sunset Park where truck traffic is frequent and road conditions are often poor.
Beyond Brooklyn, the firm serves personal injury clients throughout Manhattan, Queens, the Bronx, and Staten Island. Whether a cyclist was hurt crossing the Manhattan Bridge, navigating the streets of Long Island City, or on a greenway in the Bronx, the attorneys at Mark David Shirian P.C. are available to review the case and advise on the best path forward.
Talk to a Brooklyn Bicycle Accident Attorney About Your Case
A bicycle crash can upend your life in ways that are hard to fully explain to someone who has not been through it. The physical recovery is only part of it. The financial pressure, the uncertainty about what comes next, and the frustration of dealing with insurance companies while you are still healing all compound the difficulty. A Brooklyn bicycle accident attorney at Mark David Shirian P.C. can take on those burdens so you can focus on getting better.
The firm offers confidential case evaluations with no obligation. Mark D. Shirian and Shawn D. Shirian are ready to listen to what happened, answer your questions directly, and tell you honestly what your options look like. Call Mark David Shirian P.C. to schedule your evaluation and get a clear picture of where your case stands.
