Right of Way, Responsibility, and What to Do After a Crash
New York City’s cycling infrastructure has grown dramatically over the past several years, and nowhere is that more visible than on the Brooklyn Bridge. In September 2021, the city completed a protected two-way bike lane running along the roadbed of the bridge — separating cyclists from vehicle traffic with concrete barriers and giving the historic promenade back to pedestrians entirely. Cycling over the bridge increased by 108% following the lane’s opening, and in 2024, an average of 5,504 cyclists crossed the Brooklyn Bridge each day, a 15% increase over 2023.
But even with more protected infrastructure citywide, the tension between pedestrians and cyclists has not disappeared. Across the five boroughs, pedestrians frequently step into bike lanes — sometimes out of necessity, sometimes by accident — creating dangerous situations for both parties. Understanding who has the right of way, who bears responsibility when a crash occurs, and what to do if you are injured is essential for anyone navigating New York City on foot or on two wheels.
The Brooklyn Bridge: A Success Story With Ongoing Challenges
For decades, the Brooklyn Bridge promenade was one of the most chaotic shared spaces in New York City, with cyclists and tourists colliding daily on a narrow wooden walkway. The 2021 bike lane solved the core problem: the promenade is now pedestrian-only, and cyclists have a dedicated, protected path along the bridge’s roadbed.
The results have been dramatic. More than 25,000 cyclists now cross the city’s four East River bridges each day on average, and East River bridge cycling ridership has hit an all-time high four consecutive years running. The Brooklyn Bridge alone accounted for a record 160,659 crossings in a single month in 2024.
That success, however, has created a new challenge at the bridge’s Manhattan entrance. The approach from Centre Street near City Hall forces cyclists and pedestrians to share a narrow exit ramp, leading to continued conflicts. In response, NYC DOT has proposed a further improvement: converting a southbound lane on Centre Street into a protected two-way bike lane, which would give cyclists a direct, pedestrian-free path off the bridge toward downtown Manhattan. As of late 2025, that project has been initiated through the city’s capital process, with community board involvement ongoing.
Who Has the Right of Way in a Bike Lane?
Bike lanes are legally part of the roadway — they are vehicle lanes designated for cyclists, not extensions of the sidewalk. When a pedestrian enters a bike lane, particularly by stepping off the sidewalk and into the road, they do not automatically have the right of way.
Under New York law, pedestrians must use sidewalks when they are available and safe to use. A pedestrian who walks in the roadway — including a bike lane — when a usable sidewalk exists may be in violation of the Vehicle and Traffic Law. For legal purposes, stepping into a bike lane without the right of way is comparable to jaywalking into a traffic lane.
This has real consequences in a personal injury case. When a crash occurs and the pedestrian was in the bike lane without the right of way, it may be more difficult for the pedestrian to establish that the cyclist’s negligence was the sole cause of the injury. New York’s comparative negligence system means both parties’ behavior will be examined — and a pedestrian who was not supposed to be in the lane may share a portion of fault.
That said, pedestrians do not lose all legal protections simply by being in a bike lane. Cyclists still have an obligation to use reasonable care, ride at a safe speed, and take precautions to avoid collisions — especially in areas where pedestrian presence is predictable, such as near intersections, crosswalk areas, and heavily trafficked corridors.
Cyclists Still Have a Duty of Care
Even when a pedestrian is in the bike lane unlawfully, cyclists are not relieved of their responsibility to avoid a crash. New York’s Vehicle and Traffic Law requires every cyclist to exercise due care to avoid colliding with pedestrians. That means:
- Riding at a safe and controllable speed, especially in high-traffic areas where pedestrian intrusions are common.
- Using a bell or audible signal to alert pedestrians ahead. NYC law requires bicycles to be equipped with a bell or horn audible from at least 100 feet. Using it to warn pedestrians in or near the bike lane is both a legal requirement and a practical safety measure.
- Allowing adequate stopping distance and not assuming the lane ahead is clear.
- Yielding to pedestrians at intersections and crossings where pedestrians retain the right of way regardless of lane markings.
If a cyclist fails to exercise reasonable care and injures a pedestrian — even one who was technically in the wrong for being in the bike lane — the cyclist may still bear partial or full liability. Under New York’s comparative negligence system, fault can be divided between both parties based on each person’s actions leading up to the crash.
E-Bikes in Bike Lanes: Added Speed, Added Risk
The proliferation of e-bikes has significantly changed the risk profile of bike lane conflicts. Where a traditional cyclist might be traveling at 10–15 mph, an e-bike can travel at 20 mph or more — meaning stopping distances are longer, reaction times are more critical, and the force of impact in a collision is substantially greater.
As of October 2025, New York City enforces a 15 mph speed limit for all e-bikes and e-scooters citywide. Riders who exceed this limit — particularly delivery workers who face pressure to complete orders quickly — face a higher likelihood of causing serious injury when a pedestrian unexpectedly steps into their path.
For pedestrians injured by e-bike riders, the legal situation can be more complex than a traditional cycling crash. E-bikes may be covered under an employer’s commercial insurance if the rider was making a delivery, or the e-bike manufacturer may bear some responsibility if a mechanical failure contributed to the crash. These cases require careful investigation by an experienced personal injury attorney.
NYC Is Expanding Bike Infrastructure — But Conflicts Remain
New York City has invested heavily in protected bike lanes in recent years. Over the past three years, the city installed a record 87.5 miles of protected lanes. Improvements have been made to multiple East River bridge crossings, and the Queensboro Bridge recently doubled its pedestrian and cycling space by dedicating a full lane to each group separately.
These changes have reduced conflicts in many places by physically separating cyclists from both vehicles and pedestrians. But infrastructure is not yet complete everywhere, and many streets still lack protected lanes. In these areas, cyclists and pedestrians are still navigating shared or adjacent spaces, and the risk of conflict remains.
Until city infrastructure catches up, every New Yorker — whether on foot or on a bike — has a role to play in preventing crashes. Pedestrians should stay on sidewalks and cross only at crosswalks with proper signals. Cyclists should ride at safe speeds, use their bells, and remain alert for pedestrians entering the lane. And when crashes do happen, both parties deserve to have their legal rights protected.
What to Do If You Are Involved in a Bike Lane Crash
Whether you were the pedestrian or the cyclist in a bike lane collision, the steps you take in the aftermath matter:
- Call the police. A police report documents the location, time, and circumstances of the crash and is essential evidence in any insurance or legal claim.
- Seek medical attention immediately. Even if injuries seem minor, get evaluated by a doctor as soon as possible. Delayed symptoms — including concussion and internal injuries — are common in cycling crashes.
- Document the scene. Photograph the bike lane markings, any signage, the cyclist’s bike, your injuries, and the surrounding area. Note any witnesses.
- Avoid admitting fault. New York’s comparative negligence system means shared responsibility is common. Do not make statements about fault at the scene — let the investigation determine what happened.
- Contact a personal injury attorney. Bike lane crash claims can involve complex questions of right of way, comparative negligence, and insurance coverage. An experienced attorney can evaluate the facts of your case and fight for the full compensation you deserve.
Whether you were a pedestrian struck in or near a bike lane or a cyclist who was involved in a crash, the attorneys at Koenigsberg & Associates Law Offices are here to help. With over 25 years of experience handling personal injury cases across New York City, our team knows how to navigate the complexities of cycling crash claims and fight for maximum compensation on your behalf.
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