Brooklyn Pedestrian Hit by Cyclist Lawyer

Cyclists and pedestrians share Brooklyn’s sidewalks, crosswalks, and greenways every day, and most of the time the system works. But when a cyclist runs a red light at a busy intersection, rides on the sidewalk at speed, or cuts through a crosswalk without yielding, the person on foot often ends up with serious injuries and no clear sense of who is responsible or what happens next. A Brooklyn pedestrian hit by cyclist lawyer at Mark David Shirian P.C. can help you understand your options and build a case for the compensation you are owed.

Bicycle-related pedestrian injuries in Brooklyn are more common than most people realize. The borough has seen a dramatic expansion of bike infrastructure over the past decade, including protected lanes along Prospect Park West, Flatbush Avenue, and the Brooklyn Waterfront Greenway. More cyclists on the road means more potential for conflict, particularly at intersections and shared pedestrian zones where the rules are frequently ignored. Injuries from bicycle collisions can be significant, including traumatic brain injuries, broken bones, facial lacerations, shoulder tears, and spinal trauma, especially when the cyclist is riding a heavy e-bike at speed.

Unlike car accident claims, pedestrian-cyclist collisions in New York involve a different set of insurance and liability dynamics. The cyclist may or may not carry renter’s insurance or homeowner’s insurance that covers liability. There may be a delivery company involved if the cyclist was working. The city itself may bear partial responsibility if defective road design or poor signage contributed to the collision. These cases require a careful look at the facts before any claim strategy takes shape.

Who Can Be Held Liable When a Cyclist Strikes a Pedestrian in Brooklyn

Liability in pedestrian-cyclist collisions is rarely as simple as it appears at first. New York follows a comparative fault framework, meaning multiple parties can share responsibility for a single incident, and the injured pedestrian’s recovery is not necessarily wiped out even if they bear some portion of fault. The key question is who acted unreasonably and how that unreasonable conduct caused the harm.

The cyclist is the most obvious starting point. Under New York City Traffic Rules, cyclists are required to yield to pedestrians in crosswalks, obey traffic signals, ride in designated lanes where provided, and refrain from riding on sidewalks outside of certain exceptions for young children. A cyclist who violates these rules and strikes a pedestrian has likely established the foundation of a negligence claim. Whether the cyclist was a recreational rider, a commuter, or a delivery worker changes the calculation in important ways.

Delivery cyclists working for app-based platforms or restaurants are increasingly common on Brooklyn streets. When a courier operating on behalf of a business strikes a pedestrian, the employer or platform may carry liability depending on the nature of the employment relationship. Gig economy classification disputes have complicated these cases, but courts in New York have continued to examine the degree of control the company exercises over its couriers when assessing responsibility. If the cyclist was operating a company-owned vehicle or following company-issued delivery instructions, a direct claim against the business may be viable.

New York City itself can be liable when a pedestrian’s injuries were made worse or were directly caused by dangerous infrastructure. A crosswalk with a malfunctioning signal, a greenway intersection without adequate warning signage, or a path design that funnels cyclists and pedestrians into the same narrow corridor without separation may support a claim against the city. These cases have strict notice requirements and short filing deadlines, making prompt action critical.

Injuries and Damages Brooklyn Pedestrians Face After Cyclist Collisions

• Traumatic brain injuries: Even without direct head impact, the force of a cyclist collision can cause concussions or more serious TBI, particularly when the pedestrian falls and strikes the ground. Symptoms may not emerge immediately, which is why medical evaluation matters even when injuries seem minor at the scene.
• Shoulder and rotator cuff tears: A common injury pattern occurs when a pedestrian instinctively extends an arm to break a fall after being struck, causing significant rotator cuff damage that may require surgery and months of rehabilitation.
• Spinal injuries: Impact from a fast-moving cyclist followed by a ground fall can cause disc herniation, nerve compression, or vertebral fractures. These injuries often produce symptoms that worsen over days and weeks following the collision.
• Facial and dental injuries: A direct strike to the face from handlebars or a forward fall onto pavement can cause jaw fractures, broken teeth, orbital fractures, and lacerations requiring plastic surgery.
• Lower extremity fractures: Tibial and fibular fractures are common when a cyclist strikes a pedestrian from the side, and hip fractures are a serious concern for older pedestrians.
• Psychological harm: Post-traumatic stress disorder, anxiety, and avoidance behavior after a sudden violent collision are recognized injuries that carry real damages under New York law, separate from the physical harm.
• Lost earnings and reduced earning capacity: When injuries require extended recovery, surgical intervention, or result in permanent limitation, the economic impact extends well beyond immediate medical bills. A comprehensive damages assessment includes both past and future lost income.

What to Do After Being Hit by a Cyclist in Brooklyn

The steps taken in the hours and days following a cyclist collision have a direct effect on the strength of any eventual legal claim. The first priority is medical attention. Even if you feel capable of walking away from the scene, some of the most significant injuries, particularly brain injuries and spinal trauma, produce delayed symptoms. Getting evaluated at a hospital emergency department or urgent care center creates a contemporaneous medical record linking your injuries to the incident, which is essential to any claim.

At the scene, if you are physically able to do so, gather as much information as possible from the cyclist: full name, address, phone number, and any insurance information they carry. Photograph the location, the cyclist’s bike, your injuries, and any visible road markings, signals, or signage that are relevant. Witness contact information is valuable, particularly on busy Brooklyn thoroughfares where bystanders are common.

File a police report. You can report the incident at the local Brooklyn precinct serving the area where the collision occurred. The 78th Precinct covers Park Slope and Carroll Gardens, the 84th covers Brooklyn Heights and DUMBO, the 76th covers Red Hook and Carroll Gardens, and the 72nd covers Sunset Park. Precincts closer to Prospect Park and Flatbush include the 70th and 71st. A police report creates an official record of the incident and may document the cyclist’s account at a time before any attorney involvement.

If the cyclist was a delivery worker, photograph the company branding on any bag, vest, or vehicle they were carrying. This documentation will matter when identifying whether a corporate defendant belongs in the case. Save all clothing you were wearing, particularly if it shows scuff marks or tears consistent with the impact, since physical evidence can corroborate your account of how the collision occurred.

Claims against New York City have strict procedural requirements. A Notice of Claim must be filed within 90 days of the incident if the city is a potential defendant. Missing this deadline typically forecloses any claim against the city regardless of how strong the underlying facts are. This is one of the most common mistakes injured pedestrians make when they assume they have the same time as they would for a standard negligence claim.

Pedestrian injury claims in New York are subject to a three-year statute of limitations from the date of injury for claims against private defendants. Claims involving government entities are subject to shorter timelines and additional procedural requirements. Waiting reduces options and can affect the strength of evidence. Medical records, surveillance footage, and witness memories are all more accessible shortly after an incident than they are months or years later.

Pedestrian-cyclist injury cases in Brooklyn are handled in Kings County Supreme Court for larger claims, or in Civil Court of the City of New York for smaller ones. If the city is named as a defendant, the case will ultimately be filed in Kings County Supreme Court after the Notice of Claim process is complete.

Why Mark David Shirian P.C. Handles Brooklyn Pedestrian Injury Claims

Mark David Shirian P.C. was founded in 2016 by Attorney Mark D. Shirian with a clear focus on representing individuals who have been harmed by others’ conduct. The firm represents victims of serious injury and catastrophic accidents across New York City and New York State, and it has recovered millions on behalf of its clients across practice areas. Attorneys Mark D. Shirian and Shawn D. Shirian work directly with clients, offering the individualized attention that larger personal injury firms often cannot provide alongside the litigation capability that these cases demand.

The firm’s approach is built around careful case assessment before strategy is developed. For pedestrian-cyclist cases specifically, that means identifying every potential source of liability before any demand is made, whether that involves the individual cyclist, a delivery platform, a property owner, or the city. Client feedback on the firm consistently reflects two themes: that the attorneys pay close attention to case details and that they work hard to keep clients informed and involved throughout the process. When you are recovering from a serious injury and trying to understand a claims process you have never navigated before, those qualities matter.

Attorney Mark D. Shirian has been featured in news coverage for his work on high-profile cases, and the firm’s track record reflects experience across the range of personal injury claims that affect New Yorkers. For someone hurt by a cyclist on a Brooklyn sidewalk or crosswalk, that breadth of experience translates to practical knowledge about how these cases are valued, how insurance carriers and corporate defendants approach them, and what it takes to build a compelling claim.

Questions Brooklyn Pedestrians Ask After Being Hit by a Bicycle

Can I sue a cyclist who hit me in Brooklyn even if they do not have insurance?

Yes. A cyclist’s personal liability is not dependent on whether they carry dedicated bicycle insurance. If the cyclist is a homeowner or renter, their homeowner’s or renter’s insurance policy often includes personal liability coverage that may apply to bicycle collisions. Beyond that, the cyclist is personally liable for damages regardless of insurance coverage, meaning a judgment can be obtained and enforced against their personal assets. An attorney can help identify all available sources of recovery before you decide how to proceed.

The cyclist was a food delivery worker. Does the company share responsibility?

Potentially. When a delivery cyclist is acting within the scope of their employment at the time of the collision, the employer or contracting platform may share liability depending on the specific facts of the relationship. New York courts have examined these cases with attention to how much control the company exerts over delivery workers. If the cyclist was using company-provided equipment, following a company-assigned route, or fulfilling an active company delivery order, arguments for employer liability become stronger. This is a fact-intensive question that requires careful review of the employment arrangement and the circumstances of the collision.

The cyclist hit me on the sidewalk. Does that change my claim?

Riding a bicycle on a sidewalk is generally prohibited for anyone 14 years of age or older under New York City rules outside of specific exceptions. A cyclist who illegally operated on a sidewalk and struck a pedestrian has likely committed a traffic violation that supports a negligence finding. Sidewalk cycling remains a persistent problem on commercial corridors in Brooklyn, including parts of Atlantic Avenue, Fulton Street, and residential side streets near delivery-heavy areas. The illegal nature of the conduct strengthens a claim, though the full liability picture depends on other factors such as speed, visibility, and whether the pedestrian had any notice of the approaching cyclist.

What if I was crossing outside of a crosswalk when the cyclist hit me?

New York’s comparative fault framework means that your recovery is reduced by your own percentage of fault, but it does not automatically eliminate your right to recover. Jaywalking is common throughout Brooklyn, and courts evaluate the reasonableness of everyone’s conduct in context. If the cyclist was traveling at excessive speed, failed to attempt to slow or swerve, or was distracted at the time of impact, a substantial portion of fault may rest with the cyclist even if the pedestrian was not in a crosswalk. An attorney can assess the specific facts and give you a realistic sense of how fault might be apportioned.

How is a bicycle injury claim different from a car accident claim in New York?

One significant difference involves New York’s no-fault insurance system. No-fault personal injury protection coverage applies to motor vehicle accidents and covers medical expenses and lost wages regardless of fault. That system generally does not apply to collisions involving only bicycles and pedestrians with no motor vehicle involvement. This means that in a pure cyclist-pedestrian collision, there is no automatic no-fault coverage to draw on, and a tort claim against the responsible party becomes the primary avenue for recovering medical expenses and lost wages.

Can I recover compensation if an e-bike hit me rather than a traditional bicycle?

E-bikes have become increasingly common on Brooklyn streets and in delivery operations throughout the borough. Depending on the class and speed of the e-bike involved, different rules may apply regarding where it can legally be operated and at what speeds. An e-bike traveling faster than a traditional bicycle generates significantly greater impact force, which often corresponds to more serious injuries. The basic negligence framework still applies, and in many delivery-related e-bike collisions, there is a corporate defendant in addition to the individual rider.

How long does it take to resolve a pedestrian-cyclist injury claim in Brooklyn?

There is no uniform timeline. Cases that settle without litigation may resolve in months once medical treatment stabilizes and damages can be accurately assessed. Cases that require litigation in Kings County Supreme Court can take considerably longer depending on court scheduling, the complexity of liability questions, and the number of defendants involved. Claims against New York City involve additional procedural steps, including a hearing before the Comptroller’s office, that add time to the process. The goal is to resolve the case for fair value, not to resolve it quickly at the expense of full compensation.

Should I give a recorded statement to the cyclist’s insurance company?

You are generally not obligated to provide a recorded statement to another party’s insurance carrier. Insurance adjusters for the at-fault party are trained to ask questions in ways that may elicit statements that reduce the apparent value of your claim. Before speaking with any insurance representative other than your own carrier for matters your policy covers, speaking with an attorney first puts you in a better position. Statements given early in the claims process, before the full extent of injuries is known, can be used to argue that your injuries were minor or pre-existing.

What if the cyclist fled the scene and I could not identify them?

Hit-and-run situations involving cyclists are more difficult but not necessarily hopeless. Surveillance cameras are common throughout Brooklyn, including on storefronts, transit infrastructure, and residential buildings. A prompt investigation may recover footage identifying the cyclist before it is overwritten. Witness accounts obtained quickly can also be valuable. If the cyclist cannot be identified, the options for recovery become more limited than in a standard case, making it even more important to explore whether any other party, such as a property owner, transit authority, or the city, contributed to the conditions that led to the collision.

Does it cost anything upfront to hire a Brooklyn pedestrian injury attorney?

Mark David Shirian P.C. handles personal injury cases on a contingency fee basis, meaning there is no fee unless a recovery is made on your behalf. A person recovering from a serious bicycle collision should not face financial barriers to obtaining legal representation. The initial case evaluation is confidential and gives you an opportunity to understand your options before committing to anything.

Brooklyn Pedestrian Injury Representation Across the Borough and Beyond

Mark David Shirian P.C. represents pedestrians injured by cyclists throughout Brooklyn and the surrounding areas. The firm serves clients from Park Slope, Carroll Gardens, Cobble Hill, and Boerum Hill through the Flatbush corridor and into Crown Heights and Prospect Heights. Residents of Red Hook, Gowanus, Sunset Park, Bay Ridge, and Dyker Heights can reach the firm for representation. The firm also handles cases arising in Williamsburg, Greenpoint, Bushwick, and East New York, as well as in Borough Park, Canarsie, Marine Park, and Sheepshead Bay. Clients from Brooklyn Heights, DUMBO, Vinegar Hill, and Fort Greene are equally served. Beyond Brooklyn, the firm represents injured pedestrians across all five boroughs of New York City, including clients from Queens, the Bronx, Staten Island, and Manhattan, as well as individuals throughout New York State who have suffered serious pedestrian injuries.

Talk to a Brooklyn Pedestrian Hit by Bicycle Attorney Today

A pedestrian-bicycle collision can leave you dealing with injuries, missed work, medical bills, and a claims process that favors experienced claimants over those navigating it alone for the first time. The Brooklyn pedestrian hit by bicycle attorneys at Mark David Shirian P.C. are prepared to evaluate your case, identify every available avenue of recovery, and handle the legal work while you focus on getting better. The firm serves clients across Brooklyn and New York City with the kind of direct, individualized attention that serious injury cases require. Call for a confidential case evaluation and let the firm’s attorneys assess what your claim may be worth.