New York Bicycle Accident Lawyer Explains Partial Fault & E-Bike Risks

What If You’re Partly Responsible?

Most cyclists assume that if they were even slightly at fault, they can’t sue or claim compensation. That’s a myth. New York follows pure comparative negligence laws. That means if a court finds you 40% responsible for the crash and your total damages are $100,000, you can still recover $60,000.

Even in cases where the insurance company tries to say, “You should’ve seen that pothole,” or “You weren’t wearing a helmet,” your recovery isn’t zeroed out. A skilled New York bicycle accident lawyer knows how to push back on those arguments with evidence like CCTV footage, expert witness testimony, or traffic signal data. Don’t let them put the blame entirely on you just because you were on a bike.

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Are E-Bike Riders Treated Like Cyclists Legally?

Technically, yes. But there are three classes of e-bikes, and they come with different rules:

• Class 1: Pedal assist only, max 20 mph
• Class 2: Throttle-powered, also capped at 20 mph
• Class 3: Pedal assist up to 25 mph – helmet required and riders must be 16+

NYC allows e-bikes in most bike lanes and city roads but bans them from highways and sidewalks. The law says you are a cyclist, but your accident claim might be judged more strictly if, for instance, you were speeding on a Class 3 and not wearing a helmet.

That’s why hiring a bicycle accident attorney in New York who understands the nuances of e-bike law is crucial. A general attorney might not even ask what class of e-bike you were on. A lawyer who specializes in these crashes will.

Rise of E-Bike Crashes in NYC

The increased speeds of e-bikes leave riders with far less time to react and avoid sudden dangers on the road. The extra battery weight also means faster downhill acceleration and a greater chance of losing control in tight traffic situations. This risk is showing up in real numbers.

According to the National Transportation Safety Board, nearly 47% of all U.S. e-bike fatalities between 2017 and 2022 happened in New York City despite New Yorkers making up only 2.5% of the population. In 2024 alone, NYC saw 782 reported e-bike crashes.

And the trend is getting worse. In 2023, cyclist deaths reached a 24-year high, with 30 fatalities (23 of them on e-bikes). Clearly, whether you are riding a classic bicycle or an e-bike, bicycle accidents are rarely harmless collisions.

What Makes E-Bike Crash Claims Harder To Resolve?

E-bikes are fast and quiet. So these crashes are easily misunderstood by police officers and insurance adjusters. The latter may also be focused on lowballing your offer.

Sometimes inexperienced personal injury attorneys find it challenging to deal with e-bikes too due to their lack of knowledge on how e-bikes function. You might face accusations like:

• You weren’t in the bike lane.
• You were going too fast for traffic conditions.
• You weren’t wearing the right helmet.
• Your e-bike wasn’t legally compliant.

Even if these factors are partly true, they don’t mean you lose your right to compensation. A knowledgeable New York bicycle accident lawyer can explain how state and city traffic law applies to your situation. In addition, bicycle accident attorneys who have dealt with e-bike crashes before can negotiate with insurance agents and challenge false assumptions.