Why Bicycle Accident Cases Require Experience

Not Every Lawyer Understands Bicycle Law

You’ve been hit. You're hurting. And now, you're being asked to find a lawyer. But here's something most people don’t realize, bicycle accident cases aren’t just car accident cases with pedals. They're their own world.

Too many lawyers lump bike crashes in with general personal injury cases. But bicycle law has its own rules, risks, and expectations. At Horn Wright, LLP, our personal injury attorneys focus on the details that make cyclist claims succeed. That includes knowing which laws apply, how insurers think, and what evidence wins these cases—because without that insight, key opportunities can be lost.

Complexities That Make Bicycle Cases Unique in New York

Cyclists ride with less protection and greater exposure. That’s obvious. But the legal differences go deeper than that. In New York, bicycle crashes trigger a web of rules and liability standards that differ from standard motor vehicle collisions.

Start with New York Vehicle and Traffic Law § 1146. This law requires drivers to exercise “due care” to avoid collisions with cyclists. It's often cited in claims involving failure to yield, unsafe turns, or “right hook” collisions. But proving a VTL § 1146 violation requires more than just showing the crash happened—you have to show the driver had a reasonable opportunity to avoid it.

Then there’s the matter of comparative fault. Under New York’s Civil Practice Law and Rules § 1411, even if a cyclist is partly at fault, they can still recover compensation. But the amount gets reduced based on the percentage of shared blame. That’s where experienced representation matters: if you're found 40% at fault, you only receive 60% of your awarded damages.

Finally, bicycles occupy a hybrid space in traffic law. Sometimes they're treated like vehicles. Other times like pedestrians. That dual identity creates unique legal wrinkles, especially in areas like intersections, crosswalks, and shoulder lanes.

The Role of Insurance Companies in Bicycle Claims

Insurance companies don’t treat bicycle cases like typical car accidents, and they definitely don’t treat cyclists like favored claimants. Adjusters are trained to minimize liability and find reasons to undercut your case. The moment they see a bike involved, their guard goes up.

Under New York’s no-fault insurance law, a cyclist injured by a motor vehicle is usually covered for basic medical costs under the driver’s no-fault policy. But that doesn't extend to pain and suffering unless your injuries meet the “serious injury” threshold outlined in § 5102(d, a complex and highly litigated standard.

For claims involving federal vehicles, things work differently. The Federal Tort Claims Act (FTCA) applies. That means you can't sue in state court unless you've already filed an administrative claim using Standard Form 95. The process is less forgiving than a typical insurance claim, and your entire case can be rejected if even one requirement is missed or delayed.

Insurers will also try to push lowball offers early, before you’ve seen a specialist or received a long-term diagnosis. They may argue your injuries aren’t severe, or that you “weren’t visible.” That’s why documented evidence and legal knowledge make such a difference in bicycle claims.

How Liability Often Involves Multiple Parties

In bicycle accidents, fault isn’t always as simple as “the driver did it.” Often, there’s more than one party responsible for what happened. And in New York, identifying and proving that chain of fault takes strategy.

You might have:

• A negligent driver who failed to yield, signaled late, or swerved into the bike lane
• A city agency that failed to maintain safe road conditions, like potholes or missing signage
• A manufacturer or bike shop if defective equipment (like failed brakes or forks) contributed to the crash

In multi-party cases, New York’s General Obligations Law § 15-108 comes into play. It governs how liability is split and how settlements with one defendant affect claims against others. If you settle with one party, it may reduce what you can recover from others, unless handled with precision.

When a crash involves a federally operated vehicle or occurs in a government construction zone, FTCA procedures may apply, making it even more critical to sort out roles and timelines. You can't afford to guess who caused what. Proving liability across multiple parties requires deep legal experience and investigative resources.

New Hampshire Provides Narrower Legal Remedies for Cyclists Than New York

If your crash happened in New Hampshire, or even if the other party is from there, your legal remedies could be more limited. Cyclists in New York benefit from broader legal protections that don’t always exist across state lines.

New Hampshire uses a modified comparative negligence standard. If you're found 51% or more at fault, you can't recover anything. Contrast that with New York’s rule under CPLR § 1411, where even a cyclist 90% at fault can still claim 10% of their damages.

New Hampshire also lacks a direct counterpart to New York’s VTL § 1146, which holds drivers to a heightened duty of care around vulnerable road users. That omission can make it harder to prove fault in right-hook or intersection crashes.

If your crash happened while riding near border areas, such as the Upper Valley or Adirondack Region, determining which state’s laws apply may make or break your case. You need a lawyer who knows how to manage jurisdictional issues and preserve your right to pursue full recovery.

Compensation Options That Experienced Lawyers Secure for Victims

Not every form of compensation is obvious. Many riders don’t realize what the law allows them to pursue, and insurers certainly won’t volunteer that information. Experienced lawyers dig deep to uncover every compensable harm.

Here’s what strong representation can help you pursue:

• Economic damages: hospital bills, surgery, prescriptions, lost income, and future care costs
• Non-economic damages: pain, loss of mobility, mental health impact, reduced quality of life
• Out-of-pocket costs: medical devices, transportation to appointments, and home modifications
• Future damages: if your condition is long-term or worsens over time

In federal FTCA claims, you must include all damages in your initial claim submission—no adding later. That means calculating projected future harm right away, often with the help of expert witnesses and medical forecasts.

New York civil procedure also allows for pre-judgment interest, which can add significant value to delayed claims. But again, it only applies if your attorney knows how to structure and present the demand.

What Experienced Attorneys Do Differently

So what separates a lawyer who’s “handled a few bike cases” from one who truly focuses on them? It’s not just knowing the law, it’s knowing how these cases play out in real life.

Here’s what seasoned attorneys bring:

• They investigate early and aggressively: visiting the scene, securing video footage, finding witnesses
• They know which experts to involve: medical professionals, bicycle mechanics, crash reconstructionists
• They prepare for trial even when settlement is likely: because strong trial prep leads to better outcomes at the negotiation table

They also understand cycling itself. They know the difference between a side swipe and a right hook. They know why a painted bike lane doesn’t always offer real protection. That lived knowledge makes them more persuasive when speaking to juries, and more effective when challenging insurance assumptions.

And most importantly, experienced lawyers know how to support you through the entire process, without adding to your stress. Because being injured in a crash is hard enough. You don’t need a lawyer who’s learning on the job.

Horn Wright, LLP, Brings Proven Bicycle Accident Experience

You’ve been through the trauma. You’re dealing with pain, uncertainty, and legal pressure you never asked for. What you need now is someone who’s already handled this kind of fight, and knows how to win it.

At Horn Wright, LLP, we’ve handled bicycle crash claims all across New York. From aggressive drivers to dangerous intersections and government vehicles, we’ve seen how complex these cases can get, and we know how to navigate them.