Close Menu
 
Mark David Shirian PC: Long Island Pedestrian Hit by Cyclist Lawyer
Assertively Fighting for the Rights of Our Clients
New York City Personal Injury Lawyer / Long Island Pedestrian Hit by Cyclist Lawyer

Long Island Pedestrian Hit by Cyclist Lawyer

A collision between a pedestrian and a cyclist can cause injuries that rival those seen in low-speed motor vehicle accidents. Broken bones, traumatic brain injuries, torn ligaments, and serious lacerations are all documented outcomes when a cyclist traveling at speed strikes someone on foot. These incidents happen with regularity on Long Island, from the multi-use paths along the South Shore to crowded sidewalks in Hempstead, the bike lanes threading through Garden City, and the pedestrian corridors near ferry terminals in Patchogue and Bay Shore. Yet many victims of these accidents discover quickly that the legal path forward is less obvious than after a car crash, partly because liability questions around cyclists are genuinely more complex, and partly because cyclists often lack the insurance coverage that drivers carry. If you have been injured as a pedestrian in one of these collisions, working with a Long Island pedestrian hit by cyclist lawyer is often the most direct way to understand who is responsible and what your claim is actually worth.

New York law treats cyclists as vehicles when they ride on roadways, which means they are subject to traffic regulations, right-of-way rules, and negligence standards. A cyclist who runs a red light, rides against traffic, operates on a sidewalk in violation of local ordinance, or fails to yield to a pedestrian in a crosswalk can be found liable for the injuries they cause. The question of damages, however, often turns on factors specific to Long Island: where the accident happened, what the conditions were, whether the cyclist was operating as part of a delivery service or app-based platform, and whether any government entity bears responsibility for a dangerous path or roadway condition that contributed to the collision.

New York’s three-year statute of limitations for personal injury claims generally applies to bicycle collision cases, but there are important exceptions that can shorten that window significantly. If a government entity designed, maintained, or controlled the path or roadway where the accident occurred, a notice of claim may need to be filed within 90 days. Understanding which deadlines apply to your specific situation is one of the first things an attorney will assess when you bring a cyclist collision claim.

How Bicycle Collisions Injure Pedestrians on Long Island

Long Island’s physical layout creates a specific mix of conditions where pedestrian-cyclist collisions cluster. The island’s expanding network of multi-use paths, combined with the density of Nassau and Suffolk County communities, puts cyclists and pedestrians in shared or overlapping spaces regularly. Rail trail corridors like the Bethpage State Park Bikeway attract high volumes of cyclists moving at meaningful speeds alongside recreational walkers and joggers. Village centers in places like Rockville Centre, Great Neck, Huntington Village, and Port Jefferson have tight sidewalks and commercial foot traffic that some cyclists navigate without dismounting. State and county parks along the North Shore and South Shore waterfront see concentrated pedestrian activity near picnic areas and beach access points where cyclists sometimes cut through.

The injuries that result from these collisions depend heavily on the angle and speed of impact, but they follow recognizable patterns. A cyclist striking a pedestrian from behind at speed often causes the pedestrian to be thrown forward, resulting in wrist and arm fractures from a fall, head injuries if the head contacts pavement, and hip fractures in older victims. A broadside collision in a crosswalk may cause knee or leg injuries from the bike frame itself, followed by secondary injuries from the fall. Head trauma is a documented risk in all of these scenarios, and many victims who do not lose consciousness at the scene later report symptoms consistent with concussion that were not immediately recognized or treated.

Medical documentation of these injuries begins at the scene and should continue through follow-up care. Nassau University Medical Center in East Meadow and Stony Brook University Hospital serve as major trauma resources for Long Island, and urgent care or emergency room documentation from the day of the accident is often a critical piece of any subsequent personal injury claim. Gaps in medical treatment are frequently cited by opposing parties to minimize the severity of claimed injuries, which is one reason continuity of care matters both medically and legally.

Liability, Negligence, and Who May Be Responsible

  • Negligent cyclists riding on sidewalks: New York City prohibits cyclists over age 13 from riding on sidewalks, and many Long Island municipalities have parallel prohibitions. A cyclist who strikes a pedestrian on a sidewalk in violation of a local ordinance has committed a per se act that strengthens a negligence claim significantly.
  • Delivery and app-based platform workers: The growth of food and package delivery services has put more cyclists operating under time pressure on Long Island’s streets and sidewalks. When a delivery worker causes a pedestrian injury, questions about employment status, platform agreements, and commercial liability insurance come directly into play.
  • Dangerous path or lane conditions: A poorly maintained multi-use path, a missing warning sign at a blind curve, or a design defect that channels cyclists into pedestrian space may expose a county, town, or state agency to liability alongside the individual cyclist. Nassau County and Suffolk County both maintain park and trail infrastructure that must meet reasonable safety standards.
  • Cyclist violation of traffic controls: A cyclist who runs a red light and strikes a pedestrian lawfully crossing in a crosswalk has violated New York’s Vehicle and Traffic Law. Documented violations reported in a police report or captured by nearby surveillance cameras are often central to liability arguments in these cases.
  • Failure to yield at crosswalks: New York law requires cyclists to yield to pedestrians in marked and unmarked crosswalks. This applies on multi-use paths as well as roadways. A cyclist who passes through a shared path crossing without yielding is operating in violation of this duty.
  • Comparative fault considerations: New York follows a pure comparative fault rule, which means a pedestrian who was partly responsible for the collision (for example, stepping suddenly into a marked bike lane) can still recover damages, though the recovery is reduced by their percentage of fault. This makes it important to document the scene carefully before any facts are lost.
  • Homeowner or renter’s insurance coverage: Many cyclists carry no dedicated liability policy, but they may have coverage through a homeowner’s or renter’s insurance policy that extends to personal liability arising from bicycle accidents. Identifying whether such coverage exists is an early and important step in any Long Island cyclist collision claim.

What to Do After a Pedestrian-Cyclist Collision on Long Island

The actions taken in the hours and days after a pedestrian-cyclist collision shape much of what follows legally. At the scene, if you are physically able, collect the cyclist’s name, contact information, and any insurance information they carry. Photograph your injuries, the location of the collision, the cyclist’s bicycle, any skid marks or debris, and the surrounding environment including street signs, path markers, and any nearby surveillance cameras. Ask any bystanders who witnessed the collision for their contact information. Witness accounts often prove critical in these cases because cyclists sometimes dispute the sequence of events.

Call the police and request that a report be filed. On Long Island, Nassau County Police or Suffolk County Police will respond depending on the location, and village or town police handle incidents in incorporated areas. Having an official police report creates a contemporaneous record of the accident that is harder to challenge later. If the collision happens in a park, report it to park staff as well so an incident report is generated.

Seek medical evaluation the same day, even if your injuries feel manageable. Some injuries, particularly soft tissue damage and concussion symptoms, become more apparent over the 24 to 72 hours after impact. A documented evaluation from an emergency room or urgent care facility ties your injuries temporally to the collision. Keep all medical records, receipts, and any instructions or referrals you receive.

Preserve any physical evidence you have, including damaged clothing or shoes. Do not post about the incident on social media. Opposing parties and their insurers routinely search public social media profiles for statements or images that can be used to minimize claimed damages. Contact a Long Island pedestrian injury attorney before giving any recorded statement to anyone affiliated with the cyclist or their insurer. Statements made early in the process, before the full extent of injuries is known, can inadvertently undercut your claim.

If there is any reason to believe a government entity maintained the path or roadway where the collision occurred, the 90-day notice of claim deadline is not an administrative technicality. It is a hard deadline that, if missed, can permanently bar a claim against that entity. This is a situation where early legal consultation is genuinely consequential, not merely advisable.

Why Mark David Shirian P.C. for Your Long Island Cyclist Collision Case

Mark David Shirian P.C. was founded with a straightforward goal: to represent people who have been wronged and to pursue the best possible outcome with the attention and strategy each case actually requires. The firm represents victims of serious injury and catastrophic accidents across New York City and New York State, including Long Island. Attorneys Mark D. Shirian and Shawn D. Shirian handle personal injury cases with the same assertive, results-oriented approach they bring to the firm’s other practice areas. The firm has recovered millions on behalf of clients, and it operates as a boutique practice, meaning clients receive direct, substantive attention rather than being processed through layers of staff.

Client reviews reflect consistent themes: close attention to the details that matter, hard work in pursuing outcomes, and communication that keeps clients informed throughout their case. For a pedestrian injured in a bicycle collision, where the liability picture is often more contested and the insurance recovery paths less obvious than in a standard vehicle accident, having an attorney who will scrutinize every relevant detail and keep you informed along the way is directly connected to the outcome you can expect. The firm serves clients across Nassau and Suffolk County and throughout New York State, and it offers confidential case evaluations so that anyone injured in a pedestrian-cyclist collision can understand their options without any upfront commitment.

Questions People Ask About Pedestrian-Cyclist Injury Claims

Can I sue a cyclist who hit me if they have no car insurance?

Yes. A cyclist who injures a pedestrian through negligence can be held personally liable regardless of whether they carry auto insurance. Recovery may come through the cyclist’s homeowner’s or renter’s liability insurance, which often extends to personal liability incidents, or through a direct civil judgment against the cyclist. An attorney can help identify what coverage actually exists before you assess the practical value of your claim.

What if the accident happened on a multi-use path in a Long Island state or county park?

If a government entity maintained the path and a design defect or maintenance failure contributed to the collision, that entity may share liability. However, claims against government entities in New York require a notice of claim to be filed within 90 days of the accident. This deadline applies even if you are still treating for your injuries and have not yet determined the full extent of your damages. Missing this deadline typically eliminates the ability to sue that government entity entirely.

How does New York’s comparative fault rule affect my pedestrian injury claim?

New York uses a pure comparative fault system. If you are found partly responsible, for example, by stepping into a designated bike lane without looking, your damages are reduced by your percentage of fault, but you can still recover something. A pedestrian who is 20 percent at fault can still recover 80 percent of their proven damages. The other side will frequently argue for a higher fault percentage, which is why documenting the scene accurately and thoroughly matters from the beginning.

The cyclist who hit me works for a food delivery app. Does that change my claim?

It may. App-based delivery platforms have faced ongoing litigation about whether their workers are employees or independent contractors, which affects whether the platform’s commercial insurance applies. In New York, the classification of workers in the gig economy has been actively litigated. Even if the platform argues the cyclist is an independent contractor, other legal theories may still reach the platform’s coverage. This is a genuinely complex area that benefits from specific legal analysis.

I was hit by a cyclist while crossing in a crosswalk. Is liability clear?

Liability is stronger in this scenario than in many others, because New York law requires cyclists to yield to pedestrians in crosswalks. A cyclist who entered a crosswalk and struck a pedestrian who had the right of way has violated a specific legal duty. However, liability is rarely automatic. The cyclist may argue you entered the crosswalk suddenly, that visibility was limited, or that the traffic signal was not in your favor. Witness statements, police reports, and surveillance footage are often determinative in contested crosswalk cases.

What damages can a pedestrian injured by a cyclist recover in New York?

Recoverable damages typically include medical expenses incurred and reasonably anticipated in the future, lost wages and lost earning capacity, physical pain and suffering, and in appropriate cases, loss of enjoyment of life. New York does not cap compensatory damages in personal injury cases, which means serious injuries with long recovery timelines or permanent consequences can support substantial claims. The specific numbers depend on the nature and severity of the injuries, the treatment required, and the impact on the individual’s daily life and work.

Can children be held liable for hitting a pedestrian while riding a bicycle on Long Island?

In New York, minors can be found liable in negligence, but the standard applied to a child is whether they acted as a reasonably careful child of the same age, intelligence, and experience would have acted under the circumstances, not whether they acted as a reasonable adult would. Very young children may be found incapable of negligence at all. For practical recovery purposes, the parents’ homeowner’s insurance is often the source of coverage when a minor cyclist injures a pedestrian.

What if there were no witnesses to the collision?

The absence of witnesses makes documentation more important, not less. The physical evidence at the scene, the police report, your medical records, surveillance footage from nearby businesses or residences, and the physical condition of the bicycle can all establish facts that support your account. Your attorney may retain an accident reconstruction professional in cases where the facts are genuinely disputed and the damages are serious enough to warrant that investment.

How long do Long Island personal injury cases involving bicycle accidents typically take?

Cases that settle before trial often resolve within one to two years, depending on the severity of the injuries, the clarity of the liability facts, and whether a government entity is involved (which adds procedural steps). Cases that go to trial in Nassau or Suffolk County Supreme Court can extend beyond that timeline depending on court schedules and the complexity of the dispute. A significant factor in timing is reaching maximum medical improvement, because settling before your injuries have fully declared themselves can result in inadequate compensation for ongoing treatment needs.

Is it worth hiring a lawyer if my injuries from the cyclist collision seem minor?

This is a reasonable question. The honest answer is that injuries from cyclist collisions are not always accurately assessed in the first days after impact. Concussion symptoms, soft tissue injuries, and spinal issues sometimes emerge gradually. An initial consultation with a Long Island personal injury attorney is typically free and can help you understand whether the facts of your case warrant formal representation. Many pedestrian injury attorneys, including Mark David Shirian P.C., work on contingency, meaning you pay no legal fees unless your case results in recovery.

Long Island Pedestrian Injury Representation Across Nassau and Suffolk County

Mark David Shirian P.C. represents pedestrians injured in cyclist collisions throughout Long Island, including clients from Hempstead, Garden City, Mineola, Rockville Centre, Valley Stream, Freeport, Long Beach, Merrick, and Oceanside across Nassau County. In Suffolk County, the firm serves clients from Babylon, Bay Shore, Islip, Patchogue, Bohemia, Ronkonkoma, Hauppauge, Smithtown, Port Jefferson, Huntington, Commack, Deer Park, Copiague, and Lindenhurst, as well as communities further east in Riverhead, Shirley, Mastic, and the Hamptons corridor. The firm also extends its personal injury representation to clients throughout New York City and the broader New York State area, meaning that pedestrians injured in cyclist collisions in Queens or Brooklyn who have connections to Long Island communities are also served. Wherever the collision occurred within New York State, the same focused attention to liability, documentation, and recovery applies.

Speak with a Long Island Pedestrian Injury Attorney Today

Pedestrian injuries caused by cyclist collisions raise legal questions that are meaningfully different from the more familiar world of car accident claims. Identifying who has coverage, which deadlines apply, and how to document an incident that often leaves fewer obvious traces takes specific knowledge and timely action. A Long Island pedestrian injury attorney at Mark David Shirian P.C. can help you understand exactly what you are dealing with, what your claim may be worth, and what steps protect your ability to recover. Contact the firm today to schedule a confidential case evaluation and get a clear picture of where you stand.

Dedicated To the satisfaction of our clients
He worked very hard to get the outcome that we both were looking for.

“In March of 2017, I had a wrongful job termination that distressed me… Read More

Mark pays close attention to details that are important for your case. I recommend him.

“An amazing attorney goes above and beyond for his clients. Mark pays close… Read More

Very compassionate and hard-working lawyer.

“Very compassionate and hard-working lawyer, fights hard for me and keeps me informed,… Read More

* Required Field

By submitting this form I acknowledge that contacting Mark David Shirian P.C. through this website does not create an attorney-client relationship, and any information I send is not protected by attorney-client privilege. Furthermore, by submitting this form, I agree to be contacted about my request & other information using automated technology. (Message frequency varies. Msg & data rates may apply. Text STOP to cancel.)
Acceptable Use Policy

protected by reCAPTCHA Privacy - Terms