A Guide from Koenigsberg & Associates Law Offices
Warmer weather brings millions of New Yorkers outside — and with them, a surge of cyclists, e-bike riders, and delivery workers sharing the city’s streets and sidewalks. While the growth of cycling in NYC has brought real benefits, it has also introduced new dangers for pedestrians. Bicycle and e-bike crashes with pedestrians are more common than many New Yorkers realize, and the injuries can be far more serious than people expect.
New York City’s cycling landscape has changed dramatically in recent years. The rapid rise of e-bikes — particularly among food delivery workers — has added a new dimension to this problem. E-bikes travel significantly faster than traditional bicycles and can weigh two to three times as much, making collisions with pedestrians considerably more dangerous. In 2023, e-bike riders accounted for 23 of the city’s 30 cyclist fatalities, and e-bike-related crashes with pedestrians have been on the rise.
If you have been struck by a cyclist or e-bike rider in New York City, you probably have questions: Who is at fault? What are your legal options? How does insurance work when a bicycle — not a car — hits you? This guide covers everything you need to know.
How Common Are Cyclist-Pedestrian Crashes in NYC?
Bicycle-pedestrian collisions are a genuine and growing public safety concern in New York City. Since 2011, cyclists have injured more than 2,250 pedestrians in the city. While cars, SUVs, and trucks still account for the vast majority of pedestrian injuries — over 92% — the share attributable to cyclists and e-bike riders has increased noticeably as cycling volumes have grown.
The e-bike boom in particular has accelerated the risk. E-bikes capable of speeds of 20 mph or more, often ridden by delivery workers navigating heavy traffic, have become a fixture on city streets and — despite being illegal — sidewalks. Pedestrian injuries involving e-bikes and scooters jumped sharply after e-bikes were legalized statewide in 2020 and have remained elevated since. In response, New York City has taken steps including capping Citi Bike e-bike speeds at 15 mph and proposing a citywide 15 mph speed limit for all e-bikes and scooters. Explore our Pedestrian Accident Report below for more interesting data on pedestrian accidents.
Koenigsberg & Associates Pedestrian Accident Report
Who Is at Fault When a Cyclist Hits a Pedestrian?
Determining fault in a cyclist-pedestrian collision follows the same legal principles as any other traffic accident in New York: it comes down to duty of care. Every person using New York City’s streets — whether on foot, on a bicycle, or behind the wheel of a car — has a legal obligation to act reasonably and avoid endangering others. When that duty is breached and someone is injured as a result, the party who breached it may be held liable.
When the Cyclist May Be at Fault
Cyclists in New York are subject to the same traffic laws as motor vehicle drivers. A cyclist who violates those laws and causes injury to a pedestrian may be held negligent. Common examples of cyclist negligence include:
- Ignoring traffic signals or stop signs. Cyclists are required to stop at red lights and stop signs. A cyclist who runs a red light and strikes a crossing pedestrian who had the walk signal is likely liable.
- Riding on the sidewalk. In New York City, cyclists aged 14 and older are prohibited from riding on the sidewalk. A cyclist who rides on the sidewalk and hits a pedestrian is engaging in illegal behavior that directly increases their liability.
- Speeding or riding recklessly. Excessive speed — particularly on e-bikes capable of 20+ mph — greatly reduces a rider’s ability to stop in time when a pedestrian steps into the path. Reckless riding, including weaving through crowds or ignoring pedestrian traffic, can constitute negligence.
- Riding while distracted or impaired. Using a phone while cycling or riding under the influence of alcohol or drugs are clear violations of the duty of care.
- Failing to yield to pedestrians. Cyclists, like drivers, must yield to pedestrians in crosswalks. Failing to do so is a traffic violation and grounds for liability.
When the Pedestrian May Share Fault
Pedestrians also have a duty of care, and certain pedestrian behaviors can contribute to a collision. Common examples include:
- Stepping off the curb suddenly into the path of an oncoming cyclist without looking.
- Crossing against a traffic signal or outside of a designated crosswalk.
- Walking while distracted — head down, phone in hand, headphones in — and failing to notice approaching cyclists.
- Walking in a bike lane where cyclists have the right of way.
Importantly, a pedestrian sharing some degree of fault does not mean they cannot recover compensation. Under New York’s pure comparative negligence system, even a pedestrian who was partially at fault may still be entitled to damages — reduced proportionally by their share of responsibility. For example, if a pedestrian is found 20% at fault and a cyclist 80% at fault, the pedestrian can still recover 80% of their total damages.
The Special Challenge of E-Bike Crashes
E-bikes present unique legal and practical challenges that traditional bicycle crashes do not. Because e-bikes can travel much faster than conventional bicycles — often matching the speed of slow-moving motor vehicles — the injuries they cause tend to be more severe. At the same time, insurance coverage for e-bike riders is inconsistent and often inadequate.
Under New York law, e-bikes fall into three classes based on speed and motor assistance, and different rules apply to each. Class 3 e-bikes (which can reach 25 mph) are subject to the most restrictions. Riders of all classes must obey traffic signals, yield to pedestrians, and are prohibited from riding on sidewalks. Helmets are required for riders under 18 on all classes and for all riders on Class 3 e-bikes.
New York State has also enacted new crash reporting requirements for e-bikes and e-scooters. Effective July 2025, police must investigate and report e-bike and e-scooter crashes involving physical injury to the DMV within five days. This creates an official record that previously did not exist for many of these accidents — and can be critical evidence if you are injured by an e-bike rider and need to pursue a claim.
How Does Insurance Work in Cyclist-Pedestrian Crashes?
This is where cyclist-pedestrian cases get complicated — and where many injured pedestrians are surprised to learn their options differ from a standard car crash.
Traditional Bicycle Crashes
Unlike motor vehicles, traditional bicycles are not required to carry liability insurance in New York. This means that if a cyclist hits you, there may be no insurance policy to file a claim against directly. However, you are not necessarily without options:
- The cyclist’s homeowner’s or renter’s insurance often includes personal liability coverage that may apply to bicycle accidents. An attorney can help identify whether the cyclist has applicable coverage.
- Your own health insurance can cover your medical bills regardless of the cyclist’s coverage situation.
- A personal injury lawsuit against the cyclist directly remains an option when the cyclist was clearly negligent, even if they have no insurance.
E-Bike Crashes
E-bike insurance situations are more complex and fact-specific. Depending on the class of e-bike involved and how it is used:
- Delivery workers on e-bikes may be covered by their employer’s commercial insurance policy — opening a potential claim against the company.
- E-bike rental companies such as Citi Bike may carry liability coverage that applies in some circumstances.
- Product liability claims may apply if a defective e-bike component contributed to the crash.
- The city or a contractor may bear responsibility if unsafe road conditions or infrastructure failures contributed to the accident.
The legal landscape for e-bike injury claims is still evolving, and coverage situations vary significantly case by case. This is one of the most important reasons to consult with an experienced personal injury attorney promptly after an e-bike crash — the right approach depends heavily on the specific facts of your situation.
Common Injuries from Cyclist and E-Bike Crashes
Because pedestrians have no protection when struck by a cyclist or e-bike rider, injuries from these crashes can be severe. Common injuries include:
- Fractures and broken bones, particularly to the wrists, arms, shoulders, and hips — often from instinctive attempts to break a fall after impact.
- Concussions and traumatic brain injuries, especially when the pedestrian’s head strikes the pavement or another hard surface. TBI symptoms may not appear immediately and should always be evaluated by a doctor.
- Severe bruising and road rash, which can penetrate deep layers of skin and carry infection risk.
- Internal and external lacerations from contact with the bike frame, handlebars, or the ground.
- Spinal and neck injuries, which can cause lasting pain, limited mobility, or — in serious cases — permanent disability.
- Psychological trauma, including PTSD, anxiety, and a fear of crossing streets or being around cyclists, which can significantly affect quality of life.
Even crashes that appear minor at first can have delayed consequences. Adrenaline can mask pain in the immediate aftermath, and some serious injuries — including internal bleeding and brain trauma — may not produce obvious symptoms for hours or days. This is why seeking medical attention immediately after any crash, no matter how you feel at the time, is absolutely essential.
What to Do After Being Hit by a Cyclist or E-Bike Rider
- Call the Police
Request a police response so an official accident report is filed. This documents when, where, and how the crash occurred. If the cyclist attempts to leave the scene, try to note as many identifying details as possible — their appearance, bike color and type, and any delivery app branding on the bike or bag.
- Get Medical Attention Immediately
Go to the emergency room or urgent care right away, even if your injuries seem minor. Prompt medical evaluation protects your health and creates a contemporaneous medical record that will be critical in any legal claim. Delayed treatment gives insurance companies grounds to dispute the connection between the crash and your injuries.
- Gather Evidence at the Scene
If you are physically able:
- Get the cyclist’s name, phone number, and address.
- Note whether the bike was a traditional bicycle, e-bike, or scooter — and whether it had any delivery app branding.
- Photograph the scene, the bicycle, any visible injuries, and the surrounding area including crosswalk markings and signals.
- Get names and contact information from any witnesses.
- Note any nearby cameras — businesses, ATMs, traffic systems — that may have captured the crash.
- Do Not Admit Fault
Avoid making statements at the scene that could be interpreted as an admission of responsibility. New York’s comparative negligence system means that even a pedestrian who played some role in the accident may still be entitled to significant compensation. Let the investigation determine what happened.
- Contact a Personal Injury Attorney
Cyclist and e-bike crash claims involve complex questions of fault, insurance coverage, and damages that require experienced legal guidance. An attorney can investigate the crash, identify all available sources of compensation, handle communications with insurers, and fight for the full damages you deserve — including medical costs, lost wages, and pain and suffering.
Do not assume that because the person who hit you was on a bicycle rather than a car, you have no meaningful legal options. Depending on the circumstances, you may have claims against the cyclist personally, their employer, a rental company, or another party. The sooner you involve an attorney, the better positioned you will be to preserve evidence and protect your rights.
If you or a loved one has been struck by a cyclist or e-bike rider in New York City, do not wait to get legal advice. At Koenigsberg & Associates Law Offices, we have the experience and dedication to evaluate your case, identify your options, and fight for the compensation you deserve.
Call us today for a free consultation:
Koenigsberg & Associates Law Offices — Trusted NYC Personal Injury Attorneys
