Bicycle and Car Collisions

Bicycle and car collisions are often described as accidents, but many are entirely preventable. Drivers have a responsibility to watch for cyclists, yield when required, and operate their vehicles safely around more vulnerable road users. When they fail to do so, the resulting injuries can be catastrophic and may give rise to a personal injury claim.

If you’ve been injured in a bicycle accident, you need an experienced attorney, and Mark A. Siesel remains actively involved in New York’s legal community through professional organizations, continuing legal education, and speaking engagements focused on personal injury litigation and trial strategy. His commitment to education and professional development reflects the same dedication he brings to every client he represents. Contact The Law Office of Mark A. Siesel today to learn how experienced legal counsel can help after your accident.

Why Bicycle and Car Collisions Are Different From Other Traffic Accidents

A collision between a bicycle and a vehicle is fundamentally different from a crash involving two passenger cars. While motorists are protected by seat belts, airbags, and their vehicle, cyclists have little to shield them from the force of impact. Even a relatively low-speed collision can result in broken bones, traumatic brain injuries, spinal cord injuries, or other life-changing harm.

Bicycle collisions also present unique legal and factual challenges. Drivers frequently claim they never saw the cyclist, while insurance companies may make assumptions about where the cyclist was riding or whether they were following the rules of the road. Determining what actually happened often requires a careful investigation of the crash scene, vehicle damage, bicycle damage, witness statements, and available video footage.

Drivers Often Blame the Cyclist, But That Isn’t the End of Your Case

After a bicycle collision, it is not uncommon for an injured cyclist to hear that the crash was somehow their fault. A driver may claim the cyclist “came out of nowhere,” was difficult to see, was riding too fast, or should not have been where they were. Insurance companies sometimes rely on these statements to dispute or reduce a claim before all of the facts are known.

Those initial claims do not necessarily reflect what actually happened.

Many collisions occur because a driver failed to keep a proper lookout, neglected to check mirrors or blind spots, turned without yielding, or passed a cyclist without allowing enough space. In other cases, traffic camera footage, surveillance video, witness statements, or physical evidence tells a very different story than the driver’s version of events.

Even if questions exist about a cyclist’s actions, that does not automatically prevent recovery. New York follows a comparative negligence system, meaning an injured cyclist may still be entitled to compensation even if they are found partially responsible for the collision.

Rather than assuming you do not have a case because of what a driver or insurance company says immediately after the crash, it is often worthwhile to have the facts reviewed by an attorney who understands how bicycle collision cases are investigated.

Insurance Companies Often Misunderstand Bicycle Collision Cases

Not every insurance adjuster has experience handling bicycle collision claims. As a result, injured cyclists sometimes encounter assumptions that do not reflect how these crashes actually occur.

For example, an adjuster may assume the cyclist should have been riding somewhere else, believe the driver could not reasonably have seen the bicycle, or underestimate the seriousness of injuries because there was relatively little damage to the vehicle. In reality, even a low-speed impact can cause devastating injuries to someone riding a bicycle.

Insurance companies may also overlook losses that are unique to cyclists, such as damage to an expensive bicycle, specialized riding equipment, or the long-term effects of injuries that prevent someone from commuting, exercising, or participating in a sport they enjoy.

Mistakes Cyclists Make After a Collision

In the days following a bicycle collision, it is easy to make decisions that seem reasonable at the time but later make it more difficult to prove a claim.

Some of the most common mistakes include:

• Repairing or replacing the bicycle before it can be inspected.
• Throwing away a damaged helmet, clothing, lights, or other equipment.
• Assuming the police report contains every important detail.
• Giving a recorded statement before fully understanding the extent of the injuries.
• Posting details about the crash or recovery on social media.
• Missing medical appointments or stopping treatment too soon.
• Waiting too long to gather photographs, video footage, or witness information.

These mistakes do not necessarily prevent an injured cyclist from recovering compensation, but preserving evidence and documenting the full impact of the collision can strengthen a claim.

What If You Weren’t Riding in a Bike Lane?

Many cyclists worry they cannot recover compensation because the collision occurred on a roadway without a designated bike lane or because they were riding outside of one.

The presence or absence of a bike lane does not automatically determine who is at fault. There are many situations in which cyclists are legally permitted to ride outside a bicycle lane, including when avoiding hazards, preparing for a turn, passing another cyclist, or when no bike lane exists.

Likewise, many roads throughout New York do not have dedicated bicycle infrastructure at all. Drivers still have a duty to exercise reasonable care, watch for cyclists, and safely share the roadway.

Rather than assuming your location on the road prevents you from bringing a claim, it is important to have the specific circumstances of the collision evaluated.

How Long Does It Take to Recover From a Serious Bicycle Collision?

Many injured cyclists require surgery, physical therapy, rehabilitation, or ongoing medical treatment before they can return to work, resume daily activities, or ride again.

The physical recovery is only part of the process. Some people experience chronic pain, reduced mobility, permanent disabilities, or a loss of confidence that makes returning to cycling difficult. Others face long-term trauma because of their accident.

Because every injury is different, there is no standard timeline for recovery. Some cyclists heal relatively quickly, while others continue to experience the effects of the crash for years. Understanding the full extent of an injury is important before resolving an insurance claim, as accepting a settlement too early may leave an injured person without compensation for future medical care, lost earning capacity, or other long-term losses.

Why Bicycle Collision Cases Often Require Expert Investigation

The cause of a bicycle collision is not always obvious from the police report alone. In many cases, additional investigation is needed to understand exactly how the crash occurred and whether all responsible parties have been identified.

Depending on the circumstances, an attorney may work with accident reconstruction specialists, engineers, medical experts, or other professionals to analyze the available evidence. They may examine vehicle damage, bicycle damage, roadway markings, surveillance footage, electronic vehicle data, visibility conditions, and other physical evidence to determine how the collision unfolded.

Expert analysis can be particularly valuable when there are conflicting witness statements, serious injuries, or questions about whether a driver could have avoided the collision.

What Should You Do With Your Bicycle After a Collision?

After a serious bicycle accident, many people want to repair or replace their bicycle as quickly as possible. While that reaction is understandable, the bicycle itself may be one of the most important pieces of evidence in the case.

Whenever possible, avoid repairing, cleaning, or disposing of the bicycle until it has been photographed and, if necessary, inspected. The same is true for your helmet, riding apparel, lights, cycling computer, and any other equipment involved in the collision. Damage to these items can help investigators understand how the crash occurred and may support your claim.

If your bicycle must be moved from the scene, store it in a safe location and preserve it in the same condition it was in immediately after the collision. Taking a few simple steps to protect this evidence early on may prove invaluable later in the legal process.

Special Circumstances That Can Affect a Bicycle Collision Claim

While many collisions involve a cyclist riding their own bicycle for recreation or transportation, certain circumstances can introduce additional legal, insurance, or investigative issues:

• Rental and bike-share bicycles: Whether you were riding a rental bicycle or using a bike-share service, such as Citi Bike, you may still have the right to pursue a claim against a negligent driver. In some cases, investigators must also determine whether a defective or poorly maintained bicycle contributed to the collision. In those cases, you may also have a claim against the company that owns or maintains the bicycle.
• Electric bicycles (e-bikes): Although they may travel at higher speeds than traditional bicycles, e-bike riders still have legal rights. The class of e-bike involved, how it was being operated, and whether it complied with applicable laws may become important factors during the investigation.
• Bicycle delivery workers and couriers: Cyclists making deliveries for restaurants or courier companies may have legal options beyond a standard personal injury claim. Depending on the circumstances, workers’ compensation benefits, commercial insurance policies, or claims against multiple parties may be available.
• Children injured in bicycle collisions: Bicycle accidents involving children often require special consideration. Younger riders may be less visible to motorists, have difficulty judging traffic, or behave unpredictably. These cases frequently involve unique legal issues and may require an evaluation of a child’s future medical and developmental needs.
• Riding someone else’s bicycle: You do not have to own the bicycle to pursue compensation after a collision. If you borrowed a bicycle you may still have the right to bring an injury claim.
• Commercial vehicle collisions: Accidents involving commercial vehicles often involve larger insurance policies and additional parties, such as employers or fleet operators.
• Hit-and-run bicycle accidents: A driver leaving the scene does not necessarily mean you have no legal options. Depending on the circumstances, insurance coverage, witness testimony, surveillance footage, and other evidence may help identify the driver or provide other avenues for financial recovery. You may even have a premises liability claim in some circumstances.
• Organized rides and charity events: Bicycle collisions that occur during organized cycling events can present unique issues involving event organizers, volunteers, traffic control measures, or road conditions. Although every situation is different, these accidents may require investigators to examine more than the actions of the driver alone.

Contact Our Law Firm for a Free Consultation

After a bicycle accident, you’ll be dealing with car insurance companies. One of our firm’s strengths is its understanding of how insurance companies evaluate and defend injury claims. Drawing on experience gained while working for firms that represented insurance carriers, The Law Office of Mark A. Siesel understands the strategies insurers use to minimize payouts and develops legal strategies designed to pursue the maximum compensation available. Contact our law firm today to discuss your accident claim.