Brooklyn NY Bicycle Accident? Here’s How a Personal Injury Lawyer Can Help
Brooklyn is one of the most bike-friendly boroughs in New York City, but it’s also one of the most dangerous for cyclists. From congested intersections to distracted drivers, bicycle accidents are a serious concern across neighborhoods like Williamsburg, Downtown Brooklyn, and Prospect Heights. If you or a loved one has been injured in a bicycle accident in Brooklyn NY, a personal injury attorney can help you recover medical costs, lost wages, and more.
This guide explains your legal rights, what to do after a bike crash, and how an experienced Brooklyn personal injury lawyer protects your interests.
Why Are Bicycle Accidents So Common in Brooklyn NY?
According to NYC DOT data, Brooklyn consistently ranks among the boroughs with the highest number of cyclist injuries and fatalities each year [1]. Contributing factors include:
- Narrow, congested roadways shared by cars, buses, trucks, and cyclists
- Poorly maintained or obstructed bike lanes
- Distracted and aggressive drivers
- Intersections with inadequate signage or visibility
- Inconsistent enforcement of traffic laws
Even though New York has expanded protected bike lanes and launched Vision Zero initiatives, collisions still happen every day — many with serious consequences.
Common Injuries in Brooklyn Bicycle Accidents
Unlike vehicle occupants, cyclists have little to no protection during a crash. Even a low-speed impact can result in long-term or life-altering injuries, including:
- Head trauma and traumatic brain injury (TBI)
- Fractures or broken bones
- Spinal cord damage or herniated discs
- Dental and facial injuries
- Internal bleeding
- Road rash, lacerations, or soft tissue damage
- Psychological trauma (PTSD, anxiety)
In some tragic cases, bicycle accidents lead to wrongful death — often from fatal brain or chest injuries.
What to Do After a Bicycle Accident in Brooklyn NY
Knowing how to respond after a bike crash can help protect your health and legal rights. Here are the most important steps to take:
1. Call 911 and seek medical care immediately
Even if your injuries feel minor, get checked by EMS or visit an ER. Some injuries — especially concussions or internal damage — may not be visible right away.
2. Document the scene
If possible, take photos of your bike, the vehicle involved, road conditions, skid marks, traffic signals, and visible injuries.
3. Get driver and witness information
Collect contact details, license plate numbers, and insurance information from the driver. Ask for names and numbers from any witnesses.
4. File a police report
A formal report is critical for your injury claim. Officers from the NYPD or local precinct will usually arrive and file it, but always request a copy.
5. Avoid speaking to the driver’s insurance company
They may try to get you to settle quickly or say something that weakens your claim. Let your attorney handle all communication.
When Can You File a Personal Injury Claim?
In New York, you can file a personal injury claim when another party’s negligence caused your bicycle crash. Common examples of negligence include:
- Failing to yield at intersections
- Opening car doors into cyclists (“dooring”)
- Driving under the influence
- Running red lights or stop signs
- Speeding or tailgating
- Blocking or swerving into a bike lane
You generally have three years from the date of the accident to file a claim [2]. However, if a government entity (such as NYC DOT or NYPD) was involved, a Notice of Claim must be filed within 90 days, and the lawsuit within one year and 90 days [3].
What Compensation Can a Brooklyn Personal Injury Lawyer Help You Recover?
An experienced personal injury attorney will fight for full and fair compensation for all damages related to your bicycle crash.
You may be entitled to recover:
- Medical expenses (emergency care, surgery, rehab, medications)
- Lost income due to time away from work
- Reduced future earning capacity if you’re left with long-term limitations
- Property damage, including bike replacement and gear
- Pain and suffering
- Mental anguish and emotional distress
- Out-of-pocket expenses, like transportation or home care
If the crash resulted in a fatality, your attorney may also pursue a wrongful death claim on behalf of surviving family members [4].
How a Brooklyn Personal Injury Attorney Can Help
A personal injury lawyer with experience handling bicycle accidents in Brooklyn brings critical value to your case.
1. Thorough accident investigation
Your attorney will collect police reports, medical records, surveillance footage, and eyewitness statements. They may also work with accident reconstruction experts to determine exactly how the crash occurred [5].
2. Handling insurance companies
Don’t face insurers alone. Your lawyer will manage all communication, protect your statements, and push back against lowball offers.
3. Determining liability
Many Brooklyn bike accidents involve more than just the driver — city agencies, construction crews, or even bike manufacturers may also be at fault. Your lawyer identifies all liable parties to maximize your compensation.
4. Meeting deadlines and building your case
Whether negotiating a settlement or going to trial, a personal injury attorney prepares your case with expert precision and keeps it on track with court deadlines.
Why Choose Cherny & Podolsky PLLC?
At Cherny & Podolsky PLLC, we’ve helped injury victims throughout Brooklyn recover from devastating bicycle crashes. We understand how fast an ordinary commute can become a life-changing event — and we’re here to help.
Our law firm, located in Sheepshead Bay, offers:
- Free case evaluations
- No legal fees unless we win
- Clear answers about your legal options
- Personalized representation from start to finish
We serve neighborhoods across Brooklyn, from Bedford-Stuyvesant to Brighton Beach, with deep knowledge of NYC traffic laws and liability rules.
Frequently Asked Questions (FAQs)
Q: Can I still file a claim if I wasn’t wearing a helmet?
A: Yes. While helmets are encouraged, failure to wear one does not prevent you from filing a claim. However, it may affect how damages are calculated if you suffered a head injury [6].
Q: What if I was partially at fault?
A: New York follows comparative negligence laws, meaning you can still recover compensation even if you were partly to blame. Your compensation will be reduced by your percentage of fault [7].
Q: What if a pothole or road defect caused the crash?
A: You may have a case against the City of New York or another public agency, but a Notice of Claim must be filed within 90 days. Contact a lawyer quickly [3].
Q: Should I talk to the driver’s insurance adjuster?
A: No. Let your attorney handle all communication with insurance companies to avoid damaging your case.
Local Legal Help for Brooklyn Cyclists
Whether you were hit near the Barclays Center, on Flatbush Avenue, or on the Williamsburg Bridge bike path, a bicycle accident can change your life instantly. You don’t have to handle the fallout alone.
At Cherny & Podolsky PLLC, we help Brooklyn cyclists protect their rights and pursue the compensation they deserve. We’ll guide you every step of the way — from filing claims to resolving complex liability issues — so you can focus on healing and getting back on the road.
What to Do Next
If you’ve been injured in a bicycle crash in Brooklyn:
- Seek medical care right away
- Do not speak to insurance adjusters without legal advice
- Contact Cherny & Podolsky PLLC to schedule a free consultation
- Let us evaluate your case, identify liable parties, and fight for full compensation
We’re here for Brooklyn riders — because cyclists deserve to ride safely and be treated fairly under the law.
References
- NYC Department of Transportation. (2023). Cyclist Safety Report. https://www.nyc.gov/html/dot/html/bicyclists/bikestats.shtml
- Justia. (n.d.). New York Civil Practice Law & Rules § 214. https://law.justia.com/codes/new-york/2021/cvp/article-2/section-214/
- NYC Comptroller’s Office. (n.d.). Notice of Claim Instructions. https://comptroller.nyc.gov/services/for-the-public/claims/
- Legal Information Institute. (n.d.). Wrongful Death Overview. Cornell Law School. https://www.law.cornell.edu/wex/wrongful_death
- The Platta Law Firm. (n.d.). How accident reconstruction works. https://plattalaw.com/brooklyn/
- Nolo. (n.d.). Bike accident liability and helmet laws. https://www.nolo.com/legal-encyclopedia/bicycle-accidents-helmet-laws.html
- FindLaw. (n.d.). Comparative negligence in New York. https://www.findlaw.com/state/new-york-law/new-york-negligence-laws.html
Brooklyn NY Wrongful Death Claims: How a Personal Injury Attorney Can Help Families
Losing a loved one because of someone else’s negligence or wrongful actions brings devastating emotional pain and financial strain. In Brooklyn, NY, families facing this loss may be entitled to seek compensation through a wrongful death claim. Such claims not only hold negligent parties responsible but also help families secure the financial resources they need during a difficult time.
This blog outlines how wrongful death claims work in New York, who is eligible to file, the types of compensation available, and how an experienced Brooklyn personal injury attorney can provide compassionate guidance while protecting your family’s rights throughout the legal process.
What Is a Wrongful Death Claim in New York?
A wrongful death claim is a civil lawsuit filed when someone dies because of another person’s negligence, recklessness, or intentional harm. In New York, these claims are governed by the Estates, Powers & Trusts Law (EPTL) § 5-4.1 [1].
To file a wrongful death lawsuit in Brooklyn NY, a representative of the deceased’s estate must prove:
- A wrongful act or negligence caused the death
- The deceased could have filed a personal injury claim had they survived
- Surviving family members suffered financial losses due to the death
Common Causes of Wrongful Death in Brooklyn NY
Brooklyn’s dense population and infrastructure present risks across multiple environments. Some of the most common causes of wrongful death include:
- Car accidents, including pedestrian and cyclist fatalities
- Construction accidents, especially in high-risk areas like Downtown Brooklyn or Williamsburg
- Medical malpractice, such as misdiagnosis or surgical errors
- Slip-and-fall injuries on unsafe public or private property
- Defective products or machinery
- Nursing home negligence
Each situation requires a thorough investigation to determine who is liable and what damages may be recoverable.
Who Can File a Wrongful Death Claim in New York?
Unlike many states, New York law requires the personal representative of the deceased’s estate — not just any family member — to file a wrongful death claim [2].
This representative typically acts on behalf of eligible survivors, such as:
- The surviving spouse
- Children of the deceased
- Parents (if the deceased had no spouse or children)
- Other dependents or heirs, in rare circumstances
To initiate a claim, the estate must be formally opened in the local Surrogate’s Court, and an executor or administrator must be appointed.
Statute of Limitations: How Long Do You Have to File?
Timing is crucial in wrongful death cases. In New York, the standard statute of limitations for filing a wrongful death claim is two years from the date of death [3].
However, there are important exceptions:
- If a government agency (e.g., NYC Department of Transportation, NYPD, or MTA) is involved, you must file a Notice of Claim within 90 days and the lawsuit within one year and 90 days [4].
- If the at-fault party is also facing criminal charges, the clock may be paused until the criminal case concludes.
Missing the deadline can permanently bar your family from recovering compensation. Speak with a wrongful death attorney in Brooklyn as early as possible to preserve your rights.
What Compensation Can You Recover in a Brooklyn Wrongful Death Claim?
New York law only allows families to recover economic damages, not emotional pain or grief. That means compensation focuses on measurable financial loss [5].
Recoverable damages include:
- Medical expenses related to the fatal injury
- Funeral and burial costs
- Lost income, wages, and benefits
- Value of parental or household services the deceased provided
- Loss of inheritance
- Conscious pain and suffering the deceased endured before death (via survival action)
- Punitive damages in cases of egregious misconduct [6]
Calculating the full value of these losses requires careful documentation and expert analysis — especially when projecting future income or lost benefits.
How a Brooklyn Personal Injury Attorney Can Help Families
Wrongful death claims involve a complex mix of legal, financial, and procedural issues. A skilled Brooklyn personal injury attorney helps your family by handling every part of the process, from filing court papers to negotiating with insurers.
A local attorney can:
- Investigate the death thoroughly, using accident reports, surveillance footage, witness testimony, and expert evaluations
- Identify all liable parties, which may include drivers, employers, property owners, or manufacturers
- Handle all paperwork and deadlines, including filings in Surrogate’s Court and civil courts
- Negotiate fair settlements, backed by solid evidence and valuation models
- Represent your family in trial, if the case does not settle
Most importantly, a trusted attorney becomes an advocate for your family while you focus on grieving and healing.
Why Choose Cherny & Podolsky PLLC in Brooklyn NY?
At Cherny & Podolsky PLLC, we’ve spent years helping Brooklyn families recover compensation in wrongful death and injury cases. Our office on E 14th Street is deeply rooted in the community, and we understand the unique legal challenges New Yorkers face.
Here’s what you can expect when you work with us:
- Free case consultation
- Clear communication about your options and deadlines
- Experienced litigation team with local court knowledge
- No legal fees unless we win your case
Whether your case involves a car crash near Brighton Beach or medical negligence in Coney Island, we’ll handle your claim with skill and compassion.
Frequently Asked Questions (FAQs)
Q: Who can file a wrongful death claim in Brooklyn NY?
A: Only the personal representative of the deceased’s estate can file the claim, but it benefits close relatives such as the spouse, children, or parents [2].
Q: What if the person responsible wasn’t charged with a crime?
A: You can still file a civil wrongful death lawsuit even if no criminal charges were filed or the defendant was found not guilty [1].
Q: Can families recover damages for grief or emotional distress?
A: Unfortunately, no. New York law currently does not allow recovery for emotional suffering, though legislative changes have been proposed.
Q: What is the difference between wrongful death and survival actions?
A: A wrongful death claim compensates family members for their financial loss, while a survival action covers the decedent’s pain, suffering, and medical expenses before death [5].
Q: What is a Notice of Claim?
A: If your wrongful death case involves a government agency, you must file a Notice of Claim within 90 days of the incident or risk losing your right to sue [4].
What to Do if You Believe You Have a Wrongful Death Claim
If your loved one’s death was caused by negligence or wrongdoing, don’t wait. Here are your next steps:
- Contact a Brooklyn wrongful death lawyer immediately to review the facts
- Collect key documentation, including the death certificate, medical records, and police reports
- Open the estate in Surrogate’s Court so a personal representative can be appointed
- Avoid speaking to insurance adjusters without legal advice
Our team at Cherny & Podolsky PLLC is ready to help you take action and protect your family’s rights.
Local Support You Can Trust
Whether you’re in Gravesend, Manhattan Beach, or Midwood, your family deserves justice and peace of mind. At Cherny & Podolsky PLLC, our Brooklyn, NY personal injury attorneys provide dependable legal support when you need it most. We handle each case with professionalism and care, and we don’t charge a fee unless we recover compensation for you.
