Grubhub Cyclist Accidents: New York Law in 2026

So much bad information gets passed around about traffic accidents with cyclists and pedestrians, especially when a Grubhub bike has a run-in with a cement mixer in NYC. You have to understand how the law actually works on the street to protect yourself.

Myth 1: Cyclists are always at fault if they’re hit by a larger vehicle.

This is a common and flat-out dangerous idea. A cyclist is obviously going to get the worst of it in a collision with a cement mixer, but the law doesn’t just blame the smaller party. New York Vehicle and Traffic Law (VTL) Section 1146 specifically says that “every driver of a vehicle shall exercise due care to avoid colliding with any bicyclist.” That’s a legal command. In fact, the law puts an even higher duty of care on people driving massive commercial vehicles like cement mixers because they are so inherently dangerous. A good example is a cement mixer making a right turn at a corner like 34th and 8th in Manhattan. That driver has to yield to a cyclist going straight in the bike lane. We all know those trucks have huge blind spots, and the law expects their drivers to take extra steps to check them. I’ve had cases where my client was riding straight through a green light when a truck driver, not paying attention, just turned right into their path. The notion that the cyclist is automatically at fault because they’re on a bike is just wrong and goes against the very traffic laws written to protect everyone.

Myth 2: If a cyclist wasn’t in a bike lane, they have no claim.

Riding outside a bike lane doesn’t mean you automatically lose your case or are 100% at fault. NYC’s street grid is a mess. Not every street has a bike lane, and where they do, you sometimes have to leave them to get around a parked car, debris, or just to make a turn. VTL Section 1234 says cyclists should generally stick to the right side of the road, but it gives plenty of exceptions, like when you’re passing someone, getting ready for a left turn, or avoiding something that makes the right side unsafe. Picture a cyclist on Queens Boulevard who has to swerve out of the bike lane to get around an illegally double-parked car and then gets hit by a cement mixer. The cyclist’s move out of the lane would be seen as completely reasonable. The legal question becomes about what both parties did and whether they acted with reasonable care in that situation, not just about whether the bike was inside a painted box on the pavement.

Myth 3: Cyclists injured by large commercial vehicles can’t recover damages if they were partially at fault.

This myth stops too many injured cyclists from even trying to get the money they’re owed. New York is a pure comparative negligence state, which is laid out in CPLR Section 1411. What this means in practice is that you can still recover damages even if you’re found partly to blame for the accident. Your final award is just reduced by whatever percentage of fault is assigned to you. So, let’s say a jury decides you were 20% at fault for your collision with a cement mixer near the Brooklyn Bridge, and your total damages are calculated at $100,000. You’d still walk away with $80,000. This is totally different from how it works in “contributory negligence” states, where being even 1% at fault can mean you get nothing. The system here is designed to split up responsibility fairly. A thorough investigation is what’s needed to build the case for how that fault should be divided.

Myth 4: Insurers for commercial vehicles will always settle quickly and fairly.

When you’re dealing with a commercial vehicle accident, especially with something like a cement mixer, you’re not dealing with a standard car insurance adjuster. You’re up against a specialized division whose job is to minimize what the insurance company pays out. Their only goal is protecting their company’s profit. These adjusters are trained to use tactics like dragging out the claim, making insulting lowball offers, or trying to pin all the blame on you. They’ll ask for your entire medical history to try and blame your injuries on some old problem, or they’ll just argue you aren’t hurt that badly. I’ve seen them offer a cyclist hit in Times Square, with clear video of the truck’s fault, barely enough to cover the ambulance ride. This is exactly when you need an experienced lawyer. A good attorney knows these games and can fight back, negotiate hard, and get a case ready for trial if that’s what it takes. Thinking the insurer will do the right thing on their own is a huge mistake. Their interests are the exact opposite of yours.

Myth 5: You don’t need evidence beyond your word in a clear-cut case.

Personal injury claims, especially when you’re up against a big company, are almost never “clear-cut.” Without hard, immediate evidence, even a solid claim can fall apart. The scene of an accident with a Grubhub bike and a cement mixer, say on the Manhattan Bridge approach, disappears in minutes. You need witness statements and contact info, photos of everything, the scene, the vehicle damage, the street conditions, traffic lights, and your injuries. Many commercial trucks now have dashcams or data recorders that track speed and braking, and you need to get that data fast before they “lose” it or tape over it. The police accident report provides an official starting point, even if it doesn’t decide fault. And of course, the medical records from a place like Bellevue or NewYork-Presbyterian that document every injury and all the treatment you received are absolutely essential. Without a mountain of evidence, defense lawyers can tear apart even the most honest personal testimony.

Myth 6: A personal injury lawyer is too expensive, especially for a cyclist.

This is probably the worst myth out there, because it scares injured cyclists away from getting the help they need. Almost all reputable personal injury lawyers who handle bike accidents work on a contingency fee basis. That means you pay zero upfront. The lawyer’s fee is a percentage of the money they recover for you in a settlement or a court verdict. It’s simple: if you don’t get paid, they don’t get paid. This system gives everyone access to legal help, no matter how much money they have. It also means your lawyer’s goals are the same as yours: the bigger your recovery, the bigger their fee. The real cost comes from *not* hiring a lawyer. Trying to go it alone against professional insurance adjusters and a complicated legal system almost always means you’ll end up with far less money. When you’re a cyclist who’s been hit by a commercial truck, you need to take informed action right away and know your rights. Don’t let these common myths stop you from getting what you deserve.