Content reviewed by:
Alex Shulman
A driver who backs into a cyclist may be legally responsible if the evidence shows the driver failed to reverse safely or otherwise use reasonable care. Determining who is responsible depends on the evidence, the conduct of each person involved, and New York law.
A Manhattan bicycle accident lawyer from Shulman & Hill will investigate what happened, explain your legal options, and lead talks with the insurance company on your behalf. A collision involving a vehicle moving in reverse can be more complicated than it seems.
The driver may say they never saw the cyclist, but the insurance company may argue that the cyclist was outside the driver’s field of vision or was riding too fast. Traffic laws, witness statements, photographs, video footage, and vehicle damage can all play a role in deciding who’s responsible.
Drivers Have a Duty to Watch for Cyclists
New York drivers have a duty to operate their vehicles with reasonable care. That duty includes checking behind the vehicle before backing up and continuing to look for people, bicycles, and other traffic as the vehicle moves in reverse.
New York Vehicle and Traffic Law § 1211 states that a driver may not back a vehicle unless the movement can be made safely and without interfering with other traffic. A bicycle is considered traffic under New York law, so drivers must watch for cyclists before and during a backing maneuver.
A driver who backs into a cyclist may have failed to:
- Check their mirrors before reversing.
- Look over their shoulder.
- Watch for approaching bicycles.
- Stop after losing sight of the area behind the vehicle.
- Back up only when it was safe to do so.
A violation of a traffic law does not automatically decide a personal injury claim. It can become important evidence when determining fault. Shulman & Hill can explain how these legal duties may apply to the facts of your bicycle accident.
A Driver Is Not Automatically Liable in Every Crash
Many backing accidents happen because the driver did not see the cyclists, but that alone does not answer the legal question.
Insurance companies often examine whether the cyclist rode between parked cars, entered the driver’s path unexpectedly, ignored a traffic control device, traveled against traffic, or failed to use lights or reflectors when required.
Shulman & Hill’s investigation looks at the actions of everyone involved. In these cases, it is important to remember that one person’s mistake does not always erase another person’s responsibility.
New York Uses Comparative Negligence in Traffic Accidents
New York’s pure comparative negligence rule recognizes that more than one person may share responsibility for a crash. For example, a driver may have backed out without checking behind the vehicle. At the same time, the cyclist may have been riding outside the normal travel lane or ignored a traffic signal.
A court or insurance company may assign each person a percentage of fault. If the cyclist is partly responsible, compensation for damages may be reduced by that percentage instead of being completely denied.
Shulman & Hill can explain how New York’s comparative negligence law may affect your ability to recover damages after a bicycle accident.
What Evidence Can Help Show Who Was at Fault?
The evidence collected after a collision often shapes the outcome of a claim. Photographs of the scene, damage to the bicycle and vehicle, surveillance video, witness statements, police reports, and medical records can all help explain how the crash happened.
In some cases, nearby businesses, homes, or vehicles may have security or dash camera footage that captured the collision. Shulman & Hill conducts detailed investigations to gather evidence and build a clear picture of what happened before speaking with the insurance company or presenting a claim.
What Damages May Be Available After a Bicycle Accident?
A cyclist who is hit by a vehicle backing up may face medical treatment, missed work, and other losses that continue long after the crash. The damages available depend on the facts of the case and the injuries involved.
A successful claim may include payment for medical expenses, future treatment, lost pay, reduced earning capacity, pain and suffering, emotional distress, property damage, and other accident-related losses.
The injury lawyers at Shulman & Hill look carefully at current and future losses when preparing a bicycle accident claim so clients understand the full value of the damages they may be entitled to pursue.
How Long Do You Have to File a Bicycle Accident Lawsuit?
In New York, injured cyclists have a certain time to file a personal injury lawsuit. Under NY CPLR § 214(5), many bicycle accident lawsuits must be filed within three years of the date of the collision.
Some cases involve shorter filing deadlines. For example, claims against a city, county, or another public entity often require a Notice of Claim before a lawsuit may be filed. Different rules may apply depending on who is involved and how the crash occurred.
Shulman & Hill can determine which filing deadlines apply to your case and whether any special notice requirements must be met. We will work to keep your case on track and file it on time.
When Should You Speak With a Bicycle Accident Lawyer?
Many people contact a bicycle accident attorney at our firm after the insurance disputes fault or questions how the crash happened. Others reach out to us once they realize their injuries are more serious than they first thought.
Shulman & Hill will review the evidence, explain how state law applies to your situation, and identify any issues that could affect your claim. Early legal guidance may also help preserve important evidence before it disappears and prevent avoidable mistakes during the claims process.
Talk to Shulman & Hill About Who Is Liable When a Driver Backs Into a Cyclist
Determining who is liable when a driver backs into a cyclist often requires more than looking at where the collision occurred. Crash evidence, including witness statements and video footage, may help show who is legally responsible.
Since 2013, Shulman & Hill has recovered more than $1 billion for injured clients and served thousands across New York. Our Manhattan personal injury lawyers bring 200+ years of combined experience to personal injury and workers’ compensation cases. Our firm is known for thorough in-house investigations and handling complex injury claims.
We work on contingency, so clients pay no attorney’s fees unless there is a recovery. Whether your bike accident happened in Manhattan or another part of New York, Shulman & Hill will discuss your legal options.
Call for a free consultation. Every Borough, Every Block, New York, We Got You.
