Collecting Important Evidence After a Bicycle Crash

Evidence Can Make or Break Your Claim

When a car hits a cyclist, the physical pain is only part of the story. Confusion floods in. What just happened? Who was at fault? What should I do next? It’s during these early, chaotic moments that evidence either gets captured, or lost forever.

Strong evidence tells the truth about what happened. It gives weight to your voice and anchors your claim in facts that insurance adjusters and courts can’t ignore. Without it, even the most sincere injury case can fall apart.

At this stage, you don’t need to build a case on your own. You need to focus on healing. That’s where experienced personal injury attorneys come in, they know what details matter and how to preserve them. But even before legal help steps in, what you gather (or forget) can make a huge difference.

What Evidence Matters Most in New York Bicycle Accidents

New York's legal system relies heavily on documentation. It's not just about proving you were hurt, it's about showing how and why. Evidence is the foundation. Without it, no claim stands.

Under New York Vehicle and Traffic Law § 1146, drivers are legally obligated to use "due care" to avoid hitting cyclists and pedestrians. Violating this law can be powerful evidence of negligence. But for that to matter, you have to be able to prove it.

Types of evidence that carry weight in New York civil courts include:

• Scene photographs showing road layout, signage, and damage
• Physical damage to your bike, helmet, or gear
• Medical records that document injuries from day one
• Eyewitness contact info and follow-up statements

In many cases, New York’s Civil Practice Law and Rules (CPLR § 3120) allows attorneys to demand physical evidence and documents from the opposing side. That means traffic camera footage, vehicle maintenance records, and phone data might become available, but only if the claim is already backed by solid preliminary proof.

Medical Records, Witness Statements, and Police Reports

These three types of documentation form the backbone of most successful bicycle injury claims. On their own, each offers insight. Together, they tell a complete story.

Medical records are more than bills. They show the severity of impact, how your body responded, and the timeline of treatment. They also serve as early proof that your injuries stem directly from the crash, not some prior condition.

Witness statements bring a human voice to the facts. An impartial bystander saying, “The car didn’t stop at the light,” or “They veered into the bike lane without signaling” can carry tremendous weight in front of a jury or claims adjuster. But people forget quickly, and their willingness to testify fades with time. That’s why early outreach matters.

And then there’s the police report. In New York, if law enforcement responds to a crash, they’ll file a report using Form MV-104A. This includes driver and cyclist details, vehicle positions, and sometimes an officer’s opinion about fault. While not legally binding, police assessments can influence insurers and help secure a stronger starting point in negotiations.

Federal cases under the FTCA (Federal Tort Claims Act) have an added layer: you must present your entire claim package, including documentation like medical summaries and witness accounts, at the outset using Standard Form 95. If your evidence is weak or missing, the federal agency can reject it outright, and you may lose your right to sue.

Using Photos, Video, and Expert Reconstruction

Images often say what words can’t. A scraped frame, a crushed wheel, a bloodied jersey, these things can’t be argued away. When they’re captured clearly, they give juries and adjusters a vivid view of the harm.

Photographic evidence is especially useful under New York’s evidentiary rules. Courts accept dated, geotagged images as authentic unless challenged. Photos taken immediately after the crash, before vehicles are moved, can also help accident reconstruction experts pinpoint fault.

Video is even stronger. Some intersections in NYC and other major cities have DOT cameras. Private businesses might have exterior surveillance. Riders using GoPros or helmet cams may record the crash as it happens. That footage, when preserved and authenticated, becomes incredibly compelling.

In more complex cases, attorneys may bring in crash reconstruction experts. These specialists examine scene details, speed calculations, brake marks, and damage patterns to form a scientific opinion. Their conclusions often help clarify disputes—especially when the driver denies fault or claims the cyclist caused the crash.

Under CPLR § 3101(d), expert opinions must be disclosed and backed by sound methods. In FTCA claims, expert findings need to be included in the initial administrative submission, there’s no trial discovery to reveal them later.

In Maine, Courts Require Stricter Documentation Than in New York

If your bicycle crash happens just across the border in Maine, don't expect the same evidentiary leeway. Maine’s civil courts place a stronger emphasis on strict documentation and early submission of injury claims. This can impact whether your case even moves forward.

Unlike New York, Maine doesn’t allow for pure comparative fault. Instead, if you're found more than 50% responsible, you can be barred from recovery entirely. That means your evidence needs to counter every suggestion of shared blame.

What does this mean in practice?

• Witness affidavits in Maine often need to be notarized early in the case
• Medical records must be produced with certified treatment timelines
• Chain-of-custody rules for photo and video evidence are more tightly enforced

Maine courts may also be less receptive to later evidence submissions unless the plaintiff shows exceptional cause. That’s different from New York, where CPLR rules allow broader discovery and some post-filing supplementation.

So if your crash happened during a ride near Kittery or across from the Champlain border, your evidence game needs to be air-tight from day one. Location matters more than most cyclists realize.

How Strong Evidence Leads to Maximum Compensation

When you’ve been injured, the goal isn’t just to “win” the case, it’s to recover what the law says you deserve. That means every bill paid. Every paycheck missed covered. And every bit of pain accounted for.

Compensation categories in New York include:

• Medical expenses: both past and future
• Lost income: including diminished future earning ability
• Pain and suffering: based on injury severity and lifestyle disruption

But insurers don’t just hand over money. They evaluate risk. The stronger your evidence, the more pressure they feel to settle for a fair amount. Weak evidence tells them you’ll accept less. Strong evidence tells them a jury might award more.

In federal injury claims under the FTCA, your demand must include all damages supported by documentation. You only get one chance to ask, there’s no back-and-forth negotiation or trial if you don’t present a complete, well-supported claim package.

That’s why every photo, note, and doctor’s record matters. When added together, they increase your negotiating power and protect your future.

Why Gathering Evidence Quickly Is Essential

Time doesn’t just heal injuries, it erases proof. Skid marks fade. Witnesses move. Surveillance footage gets overwritten. And the longer you wait, the harder it becomes to recreate what really happened.

After a crash, adrenaline often takes over. You may not realize you’re hurt. You may forget to take photos or ask for names. That’s human. But the window for capturing solid evidence closes quickly, sometimes within hours.

Even paperwork disappears fast. Businesses delete security footage within days. City agencies rotate data storage. Under VTL § 605, you're required to file a report for serious injuries within 10 days, but waiting that long to document can already be too late for other purposes.

If the crash involved a federal vehicle, your FTCA claim clock starts ticking immediately. You generally have two years to file your administrative claim, but waiting even weeks can cause documents to vanish, drivers to relocate, and witnesses to forget.

Gather early. Store everything. And don’t assume someone else is keeping a record for you.

Horn Wright, LLP, Helps Cyclists Preserve the Proof They Need

You’ve already been hurt once. You shouldn’t have to suffer again just because key evidence slipped away. That’s why we’re here. At Horn Wright, LLP, we work quickly to protect your claim by securing, preserving, and analyzing the proof that tells your story.

Our team understands what makes or breaks a bicycle injury case. We track down video, interview witnesses, subpoena traffic records, and consult medical experts when needed. You focus on healing, we’ll focus on making sure your case stands strong.