A truck driver hit a cyclist in a bike lane in Queens yesterday, causing serious injuries. Though the police account of the crash indicates the cyclist had the right of way, NYPD has not charged the driver with violating the Right of Way Law.

The 19-year-old cyclist was traveling eastbound in the marked bike lane on 34th Avenue at approximately 1:15 a.m. Monday when the driver hit him while turning right onto 105th Street, inflicting critical injuries, according to the Post and NYPD.

The Collision Investigation Squad, a specialized NYPD unit that works only the most serious traffic crashes, was dispatched to the scene, a department spokesperson told Streetsblog. No summonses or charges had been issued as of this morning.

The NYPD public information office could not confirm who had the right of way. There is no dedicated turn signal for drivers on 34th Avenue at 105th Street. If the cyclist was proceeding with a green light and the driver hit him while turning right, the driver violated the Right of Way Law, according to attorney and traffic law expert Steve Vaccaro.

Even if the driver violated the victim’s right of way, that doesn’t necessarily mean police will file charges. Since the Right of Way Law took effect in August 2014, NYPD has applied the law only a few dozen times.

This collision occurred in the 115th Precinct and in the City Council district represented by Julissa Ferreras.