If you’re a bicyclist in New York City, one of the most alarming things you can hear about is a driver who flees after hitting a rider. That’s exactly what happened on Friday afternoon in the Parkchester section of the Bronx, at the intersection of Westchester Avenue and White Plains Road. According to the reporting:
The driver slammed into a police car that was conducting a traffic stop, then hit a bicyclist, and then fled the scene. News 12 – Default+1
Both the bicyclist and the officers are reported to be in stable condition as of Sunday night. News 12 – Default+1
The vehicle involved is described as a black Ford Bronco. News 12 – Default
This scenario raises a number of critical questions for bicyclists injured in similar circumstances. What legal rights do you have? What steps should you take? How does the fact that the driver fled affect your case? Below is a breakdown from the perspective of our Bronx car accident attorneys, with pointers to our related content on bicyclist accidents and hit‐and‐runs.
1. Why this situation matters
When a driver hits a bicyclist and then flees, you’re dealing with:
Potential criminal conduct by the driver (hit‐and‐run).
A personal injury claim for damages (medical bills, pain & suffering, lost wages, etc.).
A significantly more complicated investigation (because the driver is not immediately available).
Possible involvement of law‐enforcement evidence given the police car was hit as well.
For example, the fact that the patrol car was struck during a traffic stop may lead to additional evidence (dash cams, bodycams, officer statements) that could help the bicyclist’s case.
2. What a bicyclist should do immediately
If you or someone you know is struck by a fleeing driver in The Bronx, these are the priorities:
Call 911 and seek medical attention right away. Injuries to bicyclists can be severe.
Document everything you can: time, location, weather, the exact intersection (Westchester Ave & White Plains Rd in this case), any description of the car or driver, witness names.
Preserve evidence: if you can, take photos of the scene, your bike, injuries, skid marks, vehicle debris.
Report the hit-and-run: Make sure the police know you are a bicyclist hit by a fleeing driver.
Call an attorney promptly: Because the driver is unknown or at large, you will want legal counsel experienced in hit-and-run and bicycle accident cases.
3. Key legal issues for bicyclists in hit-and-runs
Driver liability
Even if the driver flees, their liability for hitting you doesn’t vanish. You may still be able to pursue claims:
If the driver is identified later, you can sue them directly.
If the driver remains unidentified, there may be insurance coverage (uninsured motorist coverage, hit-and‐run coverage) under your policy or possible municipal coverage, depending on circumstances.
Comparative fault
New York is a comparative‐fault state: you can recover damages even if you bear some portion of fault, but your recovery is reduced accordingly.
For example, if as a bicyclist you failed to signal or ride in the designated bike lane, that doesn’t preclude recovery — it just may affect your percentage of fault.
Statute of limitations
Time is critical. In New York you generally have 3 years from the date of the accident to file a personal injury lawsuit against a unknown or known driver. If a city or municipality is involved (for example, if a vehicle owned by a city agency hit you), the time may be shorter and “notice” requirements apply. If you were hit by a driver while they were engaged in a city or state vehicle pursuit or traffic stop (as in this case), you may face shorter notice deadlines, so contact an attorney promptly.
Special factors given police car involvement
Because a police car was hit while engaged in a traffic stop, potential additional issues arise:
There may be state or municipal immunity issues if the officer was performing certain official functions.
Although you’re a bicyclist third party, insurance investigations may be more complex.
The fact that the vehicle fled introduces hit-and‐run laws.
4. What can a bicyclist legally do when the driver flees?
You may wonder: What exactly can I do as the injured bicyclist when the driver runs? Here are practical legal steps and options:
Report it and follow up with police. Provide all information you have even if the driver left the scene.
File a claim with your insurance if you carry uninsured/underinsured motorist coverage or hit & run coverage.
Preserve and share evidence with your attorney, including crash logs, police reports, physical evidence, photos, your medical records, and any witness statements.
Monitor and request police investigation updates: Even if the driver is not immediately caught, the investigating agency may locate them later, which can help your case.
Legal action: If the driver is identified, your attorney can pursue a lawsuit for all damages you sustain (medical expenses, lost income, pain & suffering, future care). If they remain unidentified, your claim may proceed under insurance protections available to you.
Avoid self‐representation in evidentiary matters: Do not sign statements or agree to insurance releases without consulting counsel — especially since hit‐and‐run cases have unique issues.
5. How our firm helps bicyclists in The Bronx
Our Bronx car accident attorneys, we routinely represent bicyclists who have been struck by vehicles — including cases involving fleeing drivers and complicated police/tactical stop dynamics. We can help you:
Track down the driver and insurance information.
Navigate hit-and-run insurance coverage issues.
Coordinate with law‐enforcement and evidence gathering.
Handle settlement negotiations or litigation to secure full compensation.
Link your case to related areas of recovery (for example, if the incident also involves a car or motorcycle, or a municipal vehicle).
If you’re a bicyclist in the Bronx who has been struck by a driver — particularly one who fled the scene — act promptly. Your rights, your recovery, and your future well-being depend on timely investigation, careful documentation, and skilled legal representation. The fact pattern in Parkchester — a driver hitting a police car, then a cyclist, then taking off — underscores how complex these cases can be. Don’t wait. Reach out for help, preserve your evidence, and move forward with a plan. Contact our firm for a free consultation with a top rated trial attorney.
Picture source: NYPD