Proving Fault in Your Bicycle Accident Case

Fault Determines Whether Victims Get Paid

After a bicycle crash, the hospital bills don’t wait. Neither do the missed paychecks. And none of it gets covered unless you can prove fault. That single word, fault, decides whether you get compensation or walk away empty-handed.

In our work at Horn Wright, LLP, we’ve seen cyclists with clear, devastating injuries get stonewalled by insurers because “fault wasn’t clear.” As personal injury attorneys, we know the truth: evidence makes or breaks the claim, not sympathy. Juries and insurance adjusters don’t pay unless responsibility is nailed down.

So yes, your pain matters. But in court, showing who caused it matters more.

Evidence That Proves Driver Liability in New York

Proving liability isn’t abstract, it comes down to what you can show. In New York, the Vehicle and Traffic Law makes bicycles vehicles. That means drivers owe cyclists the same duties they owe cars. When they fail, the evidence speaks.

Think about a crash on Queens Boulevard where a driver swings right across the bike lane. A red-light camera catches it. Or a collision in Brooklyn where cell phone records show the driver was mid-text. That’s evidence juries can’t ignore.

Strong liability proof often includes:

• Police reports noting traffic violations like failure to yield.
• Surveillance or dashcam footage capturing the moment of impact.
• Cell phone records tying a driver to distraction at the exact time.
• Vehicle data showing speed or braking before the crash.

Cases with municipal or federal vehicles, an MTA bus in Manhattan, a USPS truck in Staten Island, layer in more rules. Under the General Municipal Law § 50-e or the Federal Tort Claims Act, liability is still proven with evidence, but the filing process is stricter and shorter.

How Comparative Negligence Works in Bicycle Cases

Fault in New York isn’t all-or-nothing. Under CPLR § 1411, damages are divided by fault percentages. Even if a cyclist makes mistakes, recovery isn’t wiped out, it’s reduced.

Here’s what that looks like:

• A cyclist gets hit while crossing on green, but didn’t use lights at night. Jury says 20% their fault. Damages: reduced, but still owed.
• A car doors a cyclist on Broadway, but the cyclist was riding outside the lane. Jury says 30% their fault. Recovery: 70% of damages.

This law protects riders against insurers who love to say, “It was partly your fault, so you get nothing.” In New York, that argument doesn’t erase liability, it just lowers the number.

Witnesses, Photos, and Expert Testimony

Drivers often say the same line after a crash: “The bike came out of nowhere.” It’s a script. Without proof, that story can stick.

That’s why independent voices matter. Witnesses on the corner. Security cameras outside the deli. A delivery driver who saw the light turn red. Photos snapped seconds after impact. They’re the difference between doubt and certainty.

Experts help fill in the blanks. An accident reconstructionist can show a jury how skid marks prove late braking. A neurologist can explain how the force of impact caused the concussion. These details give jurors a picture that overcomes stereotypes about reckless cyclists.

In New York, juries don’t automatically side with riders. Evidence has to carry the weight.

New Hampshire Applies Stricter Comparative Fault Standards Than New York

Fault doesn’t work the same everywhere. In New Hampshire, if you’re found over 50% at fault, you recover nothing. Zero.

New York is far more forgiving. Even if a cyclist is 80% at fault, they can still collect the remaining 20%. That matters for real people.

Take two similar crashes. In Albany, a cyclist drifts slightly out of the bike lane but is hit by a speeding car. Jury says 40% cyclist’s fault. Recovery: reduced, but still significant. In Concord, New Hampshire, that same verdict wipes out the claim completely.

That single legal difference shows why geography shapes justice.

How Victims Obtain Compensation Once Fault Is Proven

Once liability is clear, doors open. Proving fault is step one; compensation is step two. In New York, damages can cover:

• Emergency medical care and long-term treatment.
• Lost wages and future earning capacity.
• Pain, suffering, and reduced quality of life.
• Property damage, like your destroyed bike or gear.

If the negligent driver was a city employee, recovery may be limited to economic and non-economic damages. If it was a private driver, juries can consider punitive damages in extreme negligence cases, like drunk driving or racing through intersections.

Compensation doesn’t erase trauma. But it can pay for surgeries, replace lost income, and relieve the financial weight that accidents always bring.

Why Skilled Lawyers Make Fault Clear to Juries

Juries don’t automatically see cyclists as victims. Many think of riders weaving through traffic or ignoring signals. Overcoming that bias is part of the job.

Good lawyers don’t just throw evidence at a jury. They craft a story. They take the jurors to the corner where it happened, show them the video, remind them of the driver’s duty, and then connect every dot until there’s no doubt left.

Cross-examination exposes the driver’s inconsistencies. Experts translate physics into plain English. And lawyers remind jurors that the cyclist in this case isn’t a stereotype, it’s a parent, a student, a worker who had their life interrupted.

That clarity is what moves cases from “he said, she said” to a fair verdict.

Horn Wright, LLP, Proves Fault for Bicycle Accident Victims

Fault isn’t just a legal word. For cyclists, it’s the bridge between devastation and recovery. Without it, you’re left carrying the cost. With it, you can fight for the support you need.

At Horn Wright, LLP, our personal injury attorneys take fault seriously. We dig into records, track down witnesses, preserve video, and push back when insurers try to pin blame on the rider.

If you were hit on a bike in New York, don’t let fault become the barrier. We’ll build your case until the evidence speaks louder than the excuses.