Who Is at Fault in a Car vs. Bicycle Accident?

When a car strikes a bicycle, it may seem obvious that the driver must be responsible. In reality, fault depends on how the accident happened and whether either person violated a traffic law or otherwise failed to act with reasonable care. Drivers and cyclists both have rights and responsibilities on New York roads, and either one may cause or contribute to a collision.

Fault is also only one part of determining how an injured cyclist’s losses will be paid. New York’s no-fault insurance system generally provides certain benefits regardless of who caused the accident, while compensation through a personal injury claim depends much more heavily on liability. In this article, we will discuss how no-fault insurance affects bike accidents on Long Island, when a driver or cyclist may be at fault, how fault is proven, and how a lawyer can play a key role in these cases.

Click here to schedule a confidential consultation or call our office at 631-752-8580.

How Does New York’s No-Fault Insurance Law Apply to Bicycle Accidents?

New York is a no-fault state for car accidents, meaning that drivers are required to carry what is known as Personal Injury Protection (PIP) coverage. Normally, this insurance coverage helps pay for the driver’s own medical bills and lost income when they are injured after a crash, regardless of who was at fault. However, PIP also provides coverage for pedestrians and bicyclists who are struck by the driver. In other words, an injured cyclist can generally file a PIP claim with the driver’s insurance company and recover compensation under the terms of that driver’s policy, no matter who caused the accident.

However, when a cyclist suffers from a severe injury, they may qualify to step outside the no-fault system. This requires meeting the “serious injury” threshold under New York law, which applies when the injury results in:

• Dismemberment
• Significant disfigurement
• A fracture
• Loss of a fetus
• Permanent loss of use of a body organ, member, function, or system
• Permanent consequential limitation of a body organ or member
• Significant limitation of a body function or system
• A medically determined injury that prevents the person from performing substantially all of their usual daily activities for at least 90 of the 180 days immediately following the accident

In these situations, a cyclist may file a personal injury claim to recover additional compensation beyond what is available through the driver’s PIP coverage. This is important because PIP only covers medical expenses and a portion of lost wages. A personal injury claim can allow a victim to not only recover full lost wages but also compensation for their pain and suffering. Unlike PIP claims, however, fault does matter for personal injury claims and can significantly affect the amount of compensation a victim recovers.

When the Driver May Be at Fault

Drivers have a responsibility to look for cyclists and allow enough space when passing, merging, turning, or opening a vehicle door. A cyclist’s smaller size does not excuse a driver from noticing someone who is lawfully using the road.

Common examples of driver negligence that can lead to a bicycle accident include:

• Failing to yield while turning: A driver may turn across a cyclist’s path at an intersection, driveway, or parking lot entrance without first making sure the way is clear.
• Making an unsafe lane change: Moving into a bike lane or another lane without checking mirrors and blind spots can place a cyclist directly in the vehicle’s path.
• Distracted driving: Texting, adjusting navigation, eating, or looking away from the road may prevent a driver from seeing a bicycle in time.
• Speeding: Excessive speed gives a driver less time to recognize and respond to a cyclist and may increase the severity of the resulting injuries.
• Opening a car door into a cyclist’s path: A driver or passenger may cause a “dooring” accident by opening a parked vehicle’s door without checking for approaching bicycles.
• Following too closely: A driver who leaves too little space may be unable to stop if the cyclist slows down or encounters a hazard.
• Failing to exercise due care: Even when a driver has the right of way, New York law requires drivers to use reasonable care to avoid colliding with cyclists.

When the Cyclist May Be at Fault

New York generally gives people riding bicycles on roadways the same rights and duties as drivers, which means that while they are more vulnerable to injury than motorists, they can still be held liable for an accident for violating traffic laws or otherwise putting others at unnecessary risk.

Some examples of cyclist negligence that can lead to a bicycle-car collision include:

• Running a red light or stop sign
• Riding against the direction of traffic
• Turning or changing position without first making sure it is safe
• Failing to yield when another road user has the right of way
• Moving unpredictably between traffic lanes
• Entering the road suddenly from a driveway, sidewalk, or parking area
• Riding after dark without required lights or reflective equipment

What Happens If Both the Driver and the Cyclist Share Fault?

Fault in car and bicycle accidents isn’t always clear-cut. In some situations, both parties may have contributed. For example, suppose that a driver made an unsafe turn across a cyclist’s path, but the cyclist was traveling too quickly to stop safely at the intersection. In this situation, New York’s pure comparative negligence rule could affect the amount of compensation the cyclist is able to recover through a personal injury claim. Specifically, the cyclist’s compensation will be reduced according to their percentage of fault. So, if the cyclist suffered $200,000 in damages but was found 25 percent responsible, the available recovery would be reduced by 25 percent to $150,000.

This makes disputes over fault especially important. Even when an insurer cannot show that the cyclist caused the entire accident, it may argue that the cyclist deserves a substantial share of the blame. The greater the percentage assigned to the cyclist, the less the cyclist may recover from the responsible party.

How Is Fault Proven After a Car vs. Bicycle Accident?

Drivers and cyclists frequently provide different accounts of the same collision. The driver may claim the bicycle appeared suddenly, while the cyclist may say the driver turned, merged, or opened a door without looking. Determining what happened often requires comparing those accounts with independent evidence.

Evidence used to establish fault may include:

• Police reports: The report may record the parties’ statements, witness information, the location of the collision, and any tickets issued.
• Photographs and videos: Images may show vehicle positions, bike-lane markings, traffic signals, skid marks, road conditions, and damage.
• Dashcam footage: Video from the involved vehicle or another road user may capture the moments before the impact.
• Surveillance footage: Cameras on nearby businesses, homes, parking facilities, or public property may have recorded the crash.
• Witness statements: People who saw the accident may provide an account that supports or contradicts either party’s version.
• Vehicle and bicycle damage: The location and severity of the damage may help establish the angle of impact and how the collision occurred.
• Evidence from the scene: Debris, tire marks, paint transfer, signage, visibility, and road design may all provide important context.
• Cellphone records: These may become relevant when there is evidence that the driver was using a phone immediately before the crash.
• Accident reconstruction: In a serious or heavily disputed case, a reconstruction expert may analyze measurements, physical evidence, vehicle data, and other information to explain how the collision occurred.

Some of this evidence can disappear quickly. Vehicles may be repaired, surveillance systems may overwrite recordings, road conditions may change, and witnesses’ memories may become less reliable. Preserving evidence early can make a substantial difference when fault is contested.

Do You Need a Lawyer After a Bicycle Accident?

If you were injured in a bicycle accident, it is generally worth speaking with an attorney, even if you are unsure whether you qualify to file a personal injury claim or you believe you were partially responsible for the accident. A lawyer can review how the accident happened, explain how New York’s no-fault and serious injury rules apply, and help you understand what options may be available.

If you do have grounds for a personal injury claim, a bicycle accident lawyer can guide you through the claims process, protect you from insurance tactics intended to reduce payment, and build a case that accounts for the full impact of your injuries. This often includes:

• Investigating the collision and preserving video, witness accounts, physical evidence, and other proof
• Comparing the available evidence with the driver’s account and the traffic laws that applied
• Identifying all parties whose negligence may have contributed to the accident
• Calculating the full extent of your losses, including future medical treatment, reduced earning capacity, and lasting limitations
• Responding to attempts to assign you an unfair share of fault
• Negotiating with the insurance companies for fair compensation
• Taking the case to court if a fair settlement cannot be reached

The value of legal representation is not limited to proving who caused the collision. A lawyer can also help establish how the accident caused your injuries and pursue compensation that reflects both your immediate losses and the ways those injuries may continue to affect your life.

Get in Touch With Our Long Island Bicycle Accident Lawyers

At The Odierno Law Firm, we understand that bicycle accidents can leave injured riders facing serious medical concerns, time away from work, and uncertainty about what comes next. Our attorneys handle motor vehicle, pedestrian, and bicycle accident claims throughout Long Island and can evaluate both the causes of the crash and the losses that followed.

Our team brings more than 150 years of combined legal experience and has recovered more than $300 million for injury victims and their families since 1978. If you were injured while riding a bicycle, contact us to schedule a free consultation. Our Long Island bicycle accident lawyers can review the collision, explain how New York’s insurance and comparative-negligence laws may apply, and discuss the options available for pursuing compensation.