Determining Liability in Bicycle Accident Cases

Who’s Really to Blame in a Bike Crash?

Getting hit on your bike throws your entire life into chaos. You're just trying to get where you're going, but suddenly, you're on the ground, injured, shaken, and overwhelmed. There’s pain, confusion, and a flood of questions you never expected to face. So here’s the question most riders ask first: Who’s actually responsible?

At Horn Wright, LLP, our bicycle accident attorneys help people like you, injured cyclists who didn’t ask for any of this, hold negligent parties accountable. New York’s pure comparative negligence law gives you a chance to recover damages even if you were mostly at fault.

But other states play by different rules. In Maine or Vermont, you could be barred from recovering anything if you're more than 50% at fault. New Hampshire? You may lose your right to compensation at just 51%. That’s a big deal if your accident involves out-of-state drivers or cross-border legal issues.

The Blame Game Starts Before the Ambulance Arrives

It’s brutal, but true: blame starts flying before the paramedics even show up. And if you're the one on the bike, guess what? You're probably the first to be blamed.

Why Drivers Always Blame the Biker

Drivers love to point fingers. You “came out of nowhere.” You were “weaving between cars.” You “ignored the light.” Sound familiar? These snap judgments often shape how police reports are written and how insurance companies decide what you're owed. It’s infuriating and it’s part of a broader pattern. Insurance companies rely on exploitative insurance strategies that undermine legitimate claims to shift focus away from the real issue: their client’s responsibility.

Insurance Companies Use Your Bike Against You

The thing is they don’t even have to prove you were careless. Just riding a bike is enough for some insurers to argue you “accepted the risk.” It’s called assumed risk, and it’s a tactic they use to reduce or deny your claim outright. That’s exactly why hiring a lawyer in your corner, someone who knows how to challenge these tactics head-on and demand real accountability, can make all the difference.

Stay Quiet Too Long, and You’ll Pay for It

After a crash, your brain’s in a fog and your body’s just trying to keep up. You’re focused on medical care, not legal claims. But every day you wait, your case gets weaker. Gaps in reporting or medical documentation can cast doubt, even in clear cases. That’s especially true in fatal crash claims involving motor vehicles, where timelines and evidence matter more than ever. Don’t let silence be mistaken for guilt.

More Than Just the Driver: Who Else Could Be at Fault?

Blaming the driver isn’t always the end of the story. Bike crashes can involve a web of liability. Sometimes more than one party played a role in what happened to you. And yes, that matters.

Drivers Who Think Bike Lanes Are Just Suggestions

You’ve seen drivers swerving into the bike lane, speeding past red lights, or texting behind the wheel. It happens all the time. But New York Vehicle and Traffic Law §1231 gives cyclists the same rights and responsibilities as anyone behind the wheel. When a driver violates that, they’re breaking the law for being reckless.

Broken Roads, Missing Signs, and a City That Should Know Better

Cracked pavement. Hidden potholes. Bike lanes blocked by construction gear. These may seem just minor annoyances, but they’re actually crash hazards. City agencies and contractors have a legal duty to keep roads safe. And when they don’t, that’s a setup for serious injuries and unsafe property-related fatalities.

When the Bike Betrays You: Product Failures That Wreck Lives

Sometimes, it’s not the road or the driver. It’s the bike itself. A sudden product malfunction, like a faulty brake, loose handlebars, or a cracked frame, can turn a routine ride into a serious crash. When that happens, the blame may fall on manufacturers, distributors, or even the mechanic who last worked on your gear.

Here’s a quick list of who could share blame:

• Reckless or distracted drivers
• City workers or agencies
• Private construction crews
• Bike and gear manufacturers

When your equipment fails, it’s a serious liability. You trusted that bike to work, and someone else’s mistake shouldn’t leave you injured and footing the bill. These cases deserve a full investigation, and that starts with knowing who touched what and when.

Not All States Play by the Same Rules And That Changes Everything

Bike laws aren’t one-size-fits-all. And depending on where your crash happened or who else was involved, those small differences can change everything.

New York’s No-Fault Law: Helpful or a Headache?

New York’s no-fault rules help in some cases but fall short in others. If a vehicle hits you, their insurance may pay basic expenses. But serious injuries? You’ll need to prove fault and file separately. That’s where New York Insurance Law §5221 comes in. It spells out who qualifies for no-fault benefits and what those benefits include regardless of who caused the crash.

But if your injuries are serious, basic no-fault coverage may not go far. That’s when you’ll likely need to step outside the no-fault system and file a claim directly against the at-fault party to pursue full compensation.

Want the Truth on Your Side? It Starts with the Right Team

A good legal team doesn’t just file paperwork. They fight to uncover what really happened and who’s really to blame.

Bring Proof That Leaves No Room for Doubt

Photos. Witnesses. Video. Medical records. It all matters because evidence is what keeps your story from being dismissed. The more detailed and immediate your documentation, the harder it becomes for insurers or defense attorneys to poke holes in your claim. Knowing how to properly document scenes with impactful photo evidence can be the difference between “we’ll see” and a solid claim backed by undeniable proof.

Stop the Blame Game Before It Starts

In fatal crashes, especially those involving vulnerable road users like pedestrians or cyclists, the burden of proof too often shifts onto the injured or deceased. That’s a harsh reality. But it’s also why building a case early matters so much. In cases involving pedestrians who were fatally struck due to negligence, early documentation, preserved evidence, and prompt legal support have proven critical in keeping the truth intact. Getting ahead of the narrative can shape the entire outcome of your case.

Take Control After the Crash

Getting hit while riding isn’t just painful. It throws everything out of balance. You're left anxious, uncertain, and stuck trying to figure out your next step. You’re not expected to carry this burden by yourself. Whether you’re dealing with reckless drivers, dangerous roadways, or faulty equipment, experienced bicycle accident attorneys can uncover what happened and help you move forward. You deserve answers. You deserve support. If you're ready to fight back, reach out to Horn Wright, LLP, today.