Bicycle Accident Injury Lawyer in Queens: Can You Still Have a Case If You Weren’t Following Every Bike Safety Rule? [Video Q&A]

It’s common for bicyclists not to follow every safety rule on the road. However, a common misconception is that, after suffering a collision, failing to follow safety precautions on a bike means you can’t pursue damages. This is not true. New York’s negligence laws focus on fault and causation, not perfection. If you’re looking for an injury lawyer in Queens who will stand by you even when you made mistakes as a cyclist, reach out to Matera & Manley for a free consultation.

Even if you weren’t wearing a helmet or were riding without lighting at night, our attorneys still want to help you recover damages.

No Helmet in a New York Bike Crash: Does That Kill Your Claim?

Michaelangelo Matera explains why failing to wear a helmet doesn’t bar you from recovering compensation in this helpful video:

Clients often come to our practice concerned that they can’t pursue damages because they weren’t wearing a helmet. However, state law requires only that children under 14 wear a bike helmet on roadways (VAT § 1238).

Not wearing a helmet may have an impact on the amount of damages you can pursue. For instance, if an insurer argues that a head injury was worse because the victim wasn’t wearing a helmet, courts may reduce compensation.

While it’s certainly advisable to wear a helmet whenever you’re on a bicycle, you still have the option to bring a claim. Our attorneys will pursue the fullest compensation available on your behalf. We will achieve this by focusing on the driver’s negligence as the primary cause of the crash. They may focus on actions like speeding, failing to yield, and distracted driving. They may also work with medical experts to separate the cause of the crash from the severity of injury. This helps push back against exaggerated helmet arguments.

Riding at Night Without Lights: Can You Still Win?

Matera clarifies how not having lights on your bike can affect nighttime crash claims in the video below:

Like not wearing a helmet, riding a bicycle at night without lights is not, by itself, a bar to bringing a successful claim. However, it may become a factor depending on the facts of the case. VAT § 1236 requires that every bicycle used at night must meet specific lighting requirements. If you were hit at night while violating this safety law, you’re not automatically barred from recovery. That’s typically something we will examine and evaluate during the course of any litigation.

We would need to see to what extent not having a light on your bicycle contributed to the accident, if at all. For instance, if a driver hits you in a well‑lit area, more fault falls on them. Your failure to comply with lighting requirements has a lesser impact on the crash. To build the argument that the driver bears greater responsibility, our attorneys will gather evidence regarding the lighting at the scene. We focus on these details to show that the driver could and should still have seen you, the cyclist.

How an Injury Lawyer in Queens Builds a Case Even if You Weren’t Perfect

Our practice understands that you might not have done everything perfectly leading up to your bike accident. We know how to position your claim to improve your chances of recovering compensation, even if you made mistakes. New York operates under a modified comparative fault system for motor vehicle-related injuries. This means your compensation is reduced by your share of fault.

In auto cases where you’re found more than 50% at fault, you may be barred from recovering pain‑and‑suffering damages. However, if a motor vehicle hits you, you may still be eligible for benefits under that driver’s no‑fault insurance. This can cover medical expenses and a portion of lost wages, subject to statutory limits. Strict deadlines apply, including a general 30-day written notice requirement for filing a no-fault claim.

Even with no-fault coverage involved, a seasoned injury lawyer in Queens will still fight to pursue a successful personal injury claim. At Matera & Manley, we apply a legal strategy that builds liability and damages even when the defense points to your mistakes. We look for concrete examples of where the driver was at fault. For instance, dooring or crashes that occur in the bike lane show negligent actions of the driver.

Book a Free Consultation With an Injury Lawyer in Queens

Safety rules for cyclists exist for a reason. They’re proven to help protect you from serious harm and injury while on the road. However, if you failed to follow best practices or laws, such as not wearing a helmet or failing to have adequate lighting at night, you may still be able to recover damages. An injury lawyer in Queens can help build a compelling case that holds the driver accountable for their negligent actions.

At Matera & Manley, we want to apply our 25 years of expertise in personal injury to your claim. Schedule a free consultation.