Russell Sage Playground on 68th Avenue is one of the spots where Forest Hills families gather after school: kids on the swings, parents on the benches, teenagers on the basketball courts. The streets around it, and around every school, park and subway entrance in the neighborhood, are also where rideshare drivers circle, stop and pull out, hunting for pickup pins and racing to the next trip.
Most rideshare articles are written for passengers. But many of the people hurt by Lyft drivers in Forest Hills were never in the car. They were walking in a crosswalk, riding a bike on Queens Boulevard, or standing at the curb when a driver swerved in for a pickup. This guide, from a Lyft accident lawyer in Forest Hills, is for them.
How Lyft Drivers Hit Pedestrians and Cyclists
- Turning while watching the app. Drivers glance at navigation and turn into crosswalks without seeing pedestrians.
- Sudden curbside stops. A driver spots a passenger and cuts across the bike lane to the curb.
- Pulling out blind. After a drop-off, a driver merges back into traffic without checking for cyclists.
- Dooring. A passenger, or the driver, opens a door into a cyclist on Austin Street or Queens Boulevard.
- U-turns and double-parking on narrow streets around schools, parks and the LIRR station.
- Speeding to the next trip on Union Turnpike or Metropolitan Avenue.
Your Rights as a Pedestrian or Cyclist
No-fault benefits
Pedestrians and cyclists struck by a motor vehicle are generally entitled to no-fault benefits, paying reasonable medical bills and part of lost wages, regardless of fault. You typically claim under your household auto policy if you or a resident relative owns a car; if not, under the policy of the Lyft vehicle that hit you. In New York City, that vehicle should carry TLC-required commercial insurance. File within 30 days.
The liability claim
If your injury meets the serious injury threshold of Insurance Law Section 5102(d), you can pursue the Lyft driver, through the vehicle’s commercial coverage, for pain and suffering and losses beyond no-fault. Pedestrian and cyclist injuries frequently involve fractures, which meet the threshold.
Driver duties
Drivers must yield to pedestrians in crosswalks (VTL Section 1151), exercise due care to avoid pedestrians and cyclists (VTL Section 1146), pass cyclists safely (VTL Section 1122-a), and not open doors into traffic (VTL Section 1214). New York City’s right-of-way law adds penalties for failing to yield and causing injury.
Dooring by a Lyft Passenger
If a Lyft passenger opened a door into you, both the passenger and the driver may share responsibility. The passenger has a duty to check before opening. The driver may be negligent for stopping in a travel lane or bike lane, or for failing to warn the passenger. The Lyft vehicle’s commercial coverage may respond to both. Get the passenger’s name if you can, and the car’s plate.
Proving What Happened
- The plate and TLC number of the car. TLC plates are distinctive; photograph them.
- The “Lyft” emblem or trade dress, if displayed.
- Video from Queens Boulevard and Austin Street storefronts, building lobbies and doorbell cameras.
- Witnesses, especially other pedestrians and cyclists.
- The police report from the 112th Precinct.
- Lyft’s trip data, which can show whether the driver was on a trip, heading to a pickup or between rides. A preservation letter should go to Lyft quickly.
If the Lyft Driver Fled
Report it to police immediately and note any part of the plate. TLC plates make vehicles easier to trace. If the driver cannot be identified, your household’s uninsured motorist coverage may help, or, if you have no household policy, MVAIC, subject to strict notice deadlines.
Comparative Fault
If you were crossing mid-block, against the signal, or riding outside a bike lane, New York’s pure comparative negligence rule reduces your recovery by your share of fault rather than barring it.
Children Near Pickups
Children walking to and from school and parks are especially at risk from rideshare drivers focused on their phones. Drivers must exercise extra care around children. For minors, the statute of limitations is generally tolled until 18, but no-fault and Notice of Claim deadlines still apply, and settlements require court approval.
What To Do After Being Hit
- Call 911 and get medical care.
- Photograph the car’s plate and TLC markings, the scene and your injuries.
- Get the driver’s name and insurance, and any passenger’s name.
- Get witness information.
- Look for cameras nearby.
- File for no-fault within 30 days.
- Call a lawyer to preserve Lyft’s data and video.
Deadlines
- No-fault: 30 days.
- Personal injury lawsuit: generally three years.
- MVAIC, if the vehicle is unidentified and you have no household policy: generally within 90 days.
- Wrongful death: two years.
For city pedestrian and cyclist safety programs, see Vision Zero. For TLC driver rules, see the NYC TLC.
For Everyone on Forest Hills Streets
Mushiyev Law represents pedestrians and cyclists hit by rideshare drivers, taxis and other vehicles throughout Forest Hills and Queens. There is no attorney fee unless we recover money for you. Visit our home page or contact us.
Directions From Forest Hills to Our Rosedale Office
Mushiyev Law is at 1 Cross Island Plaza, Suite 325, Rosedale, NY 11422, beside the Cross Island Parkway and the Belt Parkway interchange.
From Russell Sage Playground, head to Queens Boulevard, then the Van Wyck Expressway south, the Belt Parkway east and the Cross Island Parkway to Rosedale.
Three Forest Hills Scenarios
The crosswalk on Queens Boulevard. A hypothetical commuter walking to the 71st Avenue subway is crossing with the signal when a Lyft driver, turning right from the service road while checking the app for his next pickup, strikes her. She fractures her hip. She lives alone and does not own a car, so her no-fault benefits come through the Lyft vehicle’s commercial policy. A storefront camera captures the turn. Because a hip fracture meets the serious injury threshold, she pursues the driver for pain and suffering through the same commercial coverage. The city’s right-of-way law adds weight to the driver’s failure to yield.
The dooring on Austin Street. A cyclist riding along Austin Street is doored by a Lyft passenger exiting a car stopped in the travel lane. He fractures his collarbone. His household policy pays no-fault benefits. Both the passenger, who opened the door without looking, and the driver, who stopped in the lane rather than at the curb, may share fault. The vehicle’s commercial coverage may respond to claims against both.
The school pickup. Outside a school near Russell Sage Playground, a Lyft driver making a U-turn to reach a pickup strikes an 11-year-old crossing between parked cars. The child suffers a leg fracture. The child’s household auto policy pays no-fault benefits. A child is judged by a child’s standard of care, and drivers must take extra precautions around children. The family files no-fault within 30 days and preserves doorbell camera footage, even though the child’s lawsuit deadline is tolled until age 18. Any settlement will require court approval.
Why Rideshare Drivers Can Be Distracted
Rideshare drivers juggle navigation, ride requests, passenger messages and earnings incentives, often on a phone mounted on the dashboard. New York law prohibits using handheld devices while driving, and TLC rules address device use. In a claim, the app’s data and the driver’s phone records can show whether the driver was interacting with the phone at the moment of a crash. That evidence can be decisive in a pedestrian or cyclist case.
Injuries to People Outside the Car
Pedestrians struck by cars often suffer leg fractures from bumper impact, hip and pelvic injuries, head injuries from striking the hood or pavement, and shoulder and wrist injuries from falling. Cyclists suffer collarbone, wrist and elbow fractures, head injuries and road rash. Get medical care right away and follow up consistently; these injuries often require surgery and months of recovery.
Walking and Riding Tips
Make eye contact with drivers before crossing, especially at turns. Watch for cars stopping suddenly at the curb near subway entrances. Cyclists should leave a door’s width from parked and stopped cars and be extra alert near rideshare pickup spots.
When the Lyft Driver Says You Came Out of Nowhere
Drivers who hit pedestrians and cyclists often say they never saw them. In New York, that is not a defense: drivers have a duty to see what is there to be seen. A pedestrian in a crosswalk or a cyclist in a bike lane is exactly where drivers should expect them. Evidence such as video, the driver’s speed from trip data, phone activity records and witness accounts usually tells a clearer story than the driver’s memory. Do not let a driver’s account at the scene discourage you from pursuing a claim.
Property Damage for Cyclists
If a Lyft driver damaged your bike, helmet, phone or other property, those losses can be claimed against the driver’s coverage. Keep the damaged items, get repair estimates from a bike shop, and keep receipts for replacements.
Key Takeaways for Pedestrians and Cyclists
- Pedestrians and cyclists hit by Lyft cars are generally entitled to no-fault benefits.
- Photograph the TLC plate and get the driver’s name.
- Dooring can make both a passenger and a driver responsible.
- A driver’s claim not to have seen you is not a defense.
Frequently Asked Questions
Who pays if a Lyft driver hits me while I am walking in Forest Hills?
You generally claim no-fault under your household auto policy, or if none, the Lyft vehicle’s commercial policy. If seriously injured, you can pursue the driver for pain and suffering.
A Lyft passenger opened a door into me on my bike. Who is responsible?
The passenger and possibly the driver, who may have stopped in an unsafe spot. The vehicle’s commercial coverage may respond.
How do I identify a Lyft car that hit me?
Photograph the TLC plate and any Lyft emblem, get the driver’s name and insurance, and note the time. Lyft’s trip data can confirm the driver.
What if the Lyft driver drove away?
Report it to police immediately. Your uninsured motorist coverage, or MVAIC if you have no household policy, may provide benefits.
How much does a Lyft accident lawyer in Forest Hills cost?
Mushiyev Law works on contingency: no attorney fee unless we recover money for you.
This article is general information, not legal advice. Reading it does not create an attorney-client relationship. Attorney Advertising. Prior results do not guarantee a similar outcome.