On Long Island and throughout New York, a cyclist or pedestrian who is partially at fault for an accident with a vehicle can still recover damages. Compensation is reduced by a percentage of fault. This stems from a rule known as pure comparative negligence. Even a victim who is 50% responsible for an accident is entitled to recover the other 50% of their losses. Being partly to blame does not end your case.
Key Takeaways
- New York’s pure comparative negligence law allows cyclists and pedestrians to recover damages, even if they are partially at fault.
- There is no fault threshold. A victim who is 99% responsible can still recover 1% of their damages.
- Insurance companies may assign inflated fault percentages to cyclists and pedestrians to reduce their settlement offers.
- Common arguments against cyclists include running red lights, riding against traffic, lacking safety lights, and not wearing helmets.
- Serious injuries like fractures, spinal injuries, and traumatic brain injuries are common in car vs. bicycle collisions. These often satisfy New York’s serious injury threshold.
New York’s Pure Comparative Negligence Rule
Most U.S. states limit recovery of damages if a victim is more than 50% at fault. New York does not. Civil Practice Law and Rules § 1411 demands that fault is apportioned to all parties. The injured person recovers whatever percentage of fault belongs to the other side, no matter how big or small.
Consider this practical example: You are riding without a headlight at night, and are struck by a driver running a stop sign. There is 30% fault assigned to you (for the lack of a headlight), and 70% to the driver (for running the stop sign). The lack of a headlight would reduce the awarded damages, not eliminate them.
This matters enormously on Long Island, where roads are largely designed without cyclists in mind. Victims are often blamed for simply existing in a space where drivers didn’t expect them. The pure comparative negligence rule means that you can still receive damages even if some portion of fault is legally applied to you.
How Do Insurance Companies Exploit the Comparative Negligence Rule?
Insurers understand comparative negligence better than most claimants do. They leverage it by:
- Assigning high fault percentages to the victim in early communications to force a low settlement offer.
- Arguing that a cyclist or pedestrian has violated a traffic law, even if the violation had no relationship to the accident.
- Using the absence of a helmet to indicate that a victim accepted some risk. (New York requires helmets for children under 14 and all Class-3 E-bike riders).
Each of these arguments can be countered by an experienced personal injury attorney on Long Island.
Injuries, the Serious Injury Threshold, and What You Could Recover
When a car strikes a person on a bicycle, the injuries are often severe, including:
- Traumatic brain injuries.
- Spinal cord injuries and disc herniations.
- Road rash and significant scarring (may constitute disfigurement under the serious injury threshold).
Cyclists are legally treated as pedestrians under New York’s no-fault insurance. You need to pass New York’s serious injury threshold to claim damages under Insurance Law § 5102(d).
If you meet the threshold, you can pursue compensation for pain and suffering, loss of quality and enjoyment of life, and future limitation. This is regardless of your partial fault.
Your Percentage of Fault is Negotiable
Insurance adjusters assign fault, but juries actually determine it. The number that an insurer puts in a letter with a settlement is not a legal ruling. It’s an opening position. With detailed evidence, witness accounts, and expert legal representation, that number can shift in your favor.
If you have been injured by a vehicle as a cyclist or pedestrian on Long Island, even if you believe you had some fault in the accident, The Raimondo Law Firm can help you understand what your claim is actually worth. You can learn more in a free initial consultation, with no fee unless we win. Reach out to a Long Island personal injury attorney at (631) 471-1222.
