Website Accessibility Compliance: Custom Code vs. accessiBe—What Actually Works

In 2025, over 4,500 website accessibility lawsuits were filed in the United States alone. The average settlement? $25,000-$ 50,000. For larger companies, settlements regularly exceed $100,000.

I've been on both sides of this problem—building accessible sites from scratch and remediating sites after legal threats. Here's the uncomfortable truth: most organizations face a choice between expensive custom development and practical automated solutions. Let me break down both approaches honestly.

The Compliance Landscape

The ADA and Websites

The Americans with Disabilities Act (ADA) requires "places of public accommodation" to be accessible. Courts increasingly interpret this to include websites, especially those connected to physical businesses or providing essential services.

Bottom line: If you operate a commercial website in the US, the ADA likely applies to you.

WCAG: The Standard

The Web Content Accessibility Guidelines (WCAG) 2.1 Level AA is the de facto standard courts reference. It covers four principles:

Perceivable: Users can perceive content (alt text, captions, contrast)
Operable: Users can navigate (keyboard access, no time traps)
Understandable: Content is clear (readable text, predictable behavior)
Robust: Works with assistive technologies (semantic HTML, ARIA)

Who Gets Sued?

Higher-risk industries:

E-commerce (clear commercial nexus)
Hospitality (hotels, restaurants with online booking)
Healthcare (portals, scheduling)
Financial services (banking, applications)
Education (enrollment, course materials)

But any commercial site can be targeted. I've seen lawsuits against small local businesses with minimal web presence.

The Two Paths to Compliance

There are fundamentally two approaches to web accessibility:

Custom Development: Building accessibility into your codebase through proper HTML, CSS, ARIA, and testing
Automated Solutions: Using AI-powered tools like accessiBe to add an accessibility layer

Both can achieve compliance. The right choice depends on your resources, timeline, and technical capabilities.

Path 1: Custom Accessibility Development

What It Involves

Building accessible websites from the ground up means:

Semantic HTML:

<!-- Bad: Div soup -->
<div class="nav">
  <div class="nav-item" onclick="navigate()">Home</div>
</div>

<!-- Good: Semantic structure -->
<nav aria-label="Main navigation">
  <a href="/">Home</a>
</nav>

Proper Form Labels:

<!-- Bad: No label -->
<input type="email" placeholder="Email">

<!-- Good: Explicit label -->
<label for="email">Email address</label>
<input type="email" id="email" name="email">

ARIA for Complex Interactions:

<!-- Modal with proper ARIA -->
<div role="dialog" aria-modal="true" aria-labelledby="modal-title">
  <h2 id="modal-title">Confirm Action</h2>
  <p>Are you sure you want to proceed?</p>
  <button>Confirm</button>
  <button>Cancel</button>
</div>

Keyboard Navigation:

// Custom dropdown with keyboard support
dropdown.addEventListener('keydown', (e) => {
  switch(e.key) {
    case 'ArrowDown':
      focusNextItem();
      e.preventDefault();
      break;
    case 'ArrowUp':
      focusPreviousItem();
      e.preventDefault();
      break;
    case 'Escape':
      closeDropdown();
      break;
  }
});

Focus Management:

// Trap focus in modal
const modal = document.querySelector('[role="dialog"]');
const focusableElements = modal.querySelectorAll(
  'button, [href], input, select, textarea, [tabindex]:not([tabindex="-1"])'
);

// Focus first element on open
focusableElements[0].focus();

// Handle Tab to cycle within modal
modal.addEventListener('keydown', (e) => {
  if (e.key === 'Tab') {
    // Tab cycling logic
  }
});

The Cost of Custom Development

Initial audit and remediation: $5,000-$ 50,000+ depending on site complexity

Ongoing development practices:

Training developers on accessibility (time cost)
Additional development time per feature (20-30% estimate)
Automated testing integration
Manual testing with screen readers
Regular audits

The real cost: It's not just money. It's organizational commitment to accessibility as a continuous practice.

When Custom Development Makes Sense

Custom accessibility development is the right choice when:

You have an in-house development team committed to learning and maintaining accessibility
Your site is relatively simple and can be rebuilt with accessibility in mind
You're building a new project and can architect for accessibility from day one
Your industry requires maximum compliance (government, healthcare, education)
You have the budget for initial remediation and ongoing maintenance

The Challenges

Even with commitment, custom accessibility is hard:

Knowledge gaps: Most developers haven't been trained in accessibility
Testing complexity: Automated tools catch ~30% of issues; the rest requires manual testing
Ongoing maintenance: Every new feature must maintain accessibility
Third-party integrations: Embedded widgets, forms, and tools often break accessibility
Edge cases: Complex interactions require significant ARIA expertise

Path 2: Automated Accessibility with accessiBe

How accessiBe Works

accessiBe uses AI to analyze your website and apply real-time accessibility adjustments. When installed, it:

Scans your entire site using AI to understand page structure
Applies automatic fixes for common issues (alt text, ARIA, focus management)
Provides a user interface for visitors to customize their experience
Continuously monitors and updates as your site changes

The implementation is a single line of JavaScript:

<script>
  (function(){
    var s = document.createElement('script');
    s.src = 'https://acsbapp.com/apps/app/dist/js/app.js';
    s.async = true;
    s.onload = function(){
      acsbJS.init({
        statementLink: '',
        footerHtml: '',
        hideMobile: false,
        hideTrigger: false,
        language: 'en',
        position: 'right',
        leadColor: '#146FF8',
        triggerColor: '#146FF8',
        triggerRadius: '50%',
        triggerPositionX: 'right',
        triggerPositionY: 'bottom',
        triggerIcon: 'people',
        triggerSize: 'medium',
        triggerOffsetX: 20,
        triggerOffsetY: 20,
        mobile: {
          triggerSize: 'small',
          triggerPositionX: 'right',
          triggerPositionY: 'center',
        }
      });
    };
    document.head.appendChild(s);
  })();
</script>

That's it. Within minutes, your site has:

Screen reader optimization
Keyboard navigation improvements
Contrast adjustments
Text resizing
Focus indicators
Animation controls
And dozens of other accessibility features

Try accessiBe →

What accessiBe Actually Does

AI-Powered Remediation:

Adds missing alt text using image recognition
Injects ARIA attributes for screen reader compatibility
Fixes heading hierarchy issues
Implements skip navigation links
Manages focus for interactive elements

User-Facing Adjustments:

Color contrast profiles (dark, light, high contrast)
Text size and spacing controls
Font adjustments (including dyslexia-friendly)
Cursor size options
Link highlighting
Reading guide/mask
Animation pause controls
Audio muting

Compliance Documentation:

Daily automated scans
Accessibility statement generation
Compliance monitoring dashboard
Issue tracking and resolution

accessiBe Pricing

Simple and predictable:

1 website: $49/month (billed annually)
Multiple sites: Volume discounts available
Enterprise: Custom pricing

Compare this to $5,000-$ 50,000 for custom remediation, with ongoing development costs on top.

Get Started with accessiBe →

The Honest Limitations

accessiBe isn't magic. Here's what to understand:

It doesn't fix your underlying code. If your HTML is a mess of divs without semantic structure, accessiBe adds a layer on top. The underlying issues remain.

Some complex interactions may not be fully remediated. Custom JavaScript applications with unusual patterns may require additional work.

Critics exist. Some accessibility advocates argue that overlays can interfere with native assistive technologies. The counterargument: imperfect accessibility is better than no accessibility.

It's not a complete legal shield. While accessiBe demonstrates good-faith effort and addresses many WCAG requirements, no automated tool can guarantee 100% compliance.

The Practical Decision Framework

Choose Custom Development When:

You have dedicated developers with accessibility expertise
You're building a new application from scratch
Your industry has strict compliance requirements (government contracts, healthcare)
Your site is simple enough to fully remediate
Budget isn't a constraint and timeline isn't urgent

Choose accessiBe When:

You need compliance quickly (days, not months)
Development resources are limited
Your site is built on CMS/platforms you don't control
Third-party widgets complicate custom remediation
You want predictable, fixed costs
You need immediate protection while planning longer-term solutions

The Hybrid Approach

Many organizations do both:

Implement accessiBe immediately for baseline compliance and user customization
Gradually improve underlying code as resources allow
Prioritize custom fixes for critical user journeys
Use accessiBe to maintain compliance as the site evolves

This provides immediate protection while building toward best-practice accessibility.

Common Accessibility Violations and How Each Approach Handles Them

Missing Alt Text

Custom approach: Audit all images, write meaningful alt text, train content creators

accessiBe approach: AI analyzes images and generates alt text automatically, continuously monitoring new content

Poor Color Contrast

Custom approach: Audit design system, update color values, test all combinations

accessiBe approach: Users can switch to high-contrast profiles that override site styles

Keyboard Navigation Failures

Custom approach: Implement proper focus management, test all interactive elements

accessiBe approach: Injects keyboard navigation handlers and focus indicators

Missing Form Labels

Custom approach: Audit all forms, add proper label associations

accessiBe approach: Adds ARIA labels and associates inputs with visible text

Videos Without Captions

Custom approach: Add captions to all videos manually

accessiBe approach: Can't auto-generate captions (this is a content issue), but provides video controls and audio descriptions where possible

What a Demand Letter Looks Like

When accessibility lawsuits happen, they typically follow this pattern:

Initial demand letter citing specific WCAG violations
Documented evidence (they test your site before sending)
Settlement demand ( $10,000-$ 50,000 typical)
Remediation requirements and timeline

With accessiBe in place:

You have documented good-faith effort
Automated compliance monitoring shows ongoing attention
User-facing adjustments demonstrate commitment to accessibility
Legal position is significantly stronger

Without any accessibility measures:

No documented effort
No defense against specific violation claims
Settlement likely plus remediation costs

Writing an Accessibility Statement

Regardless of approach, publish an accessibility statement:

## Accessibility Statement

[Company name] is committed to digital accessibility for people with disabilities.

### Conformance Status

We strive to conform to WCAG 2.1 Level AA. We use accessiBe's AI-powered
accessibility solution to help ensure compliance and provide accessibility
adjustments for our users.

### Accessibility Features

- Screen reader optimization
- Keyboard navigation support
- Color contrast adjustments
- Text resizing options
- Focus highlighting

### Feedback

We welcome accessibility feedback:
- Email: accessibility@example.com
- Phone: (XXX) XXX-XXXX

We aim to respond within 5 business days.

### Third-Party Content

Some content on our site is provided by third parties and may not meet all
accessibility standards. We work with vendors to improve accessibility where
possible.

Last updated: [Date]

The ROI Calculation

Option A: Custom Remediation

Initial audit and fixes: $15,000-$ 30,000
Ongoing development overhead: 20-30% on new features
Regular re-audits: $2,000-$ 5,000/year
Risk: Still possible to miss issues

Option B: accessiBe

Annual cost: $490 ($ 49/month billed annually)
Implementation time: 30 minutes
Ongoing maintenance: Automatic
Risk: Documented good-faith effort

Option C: Do Nothing

Cost until lawsuit: $0
Cost after lawsuit: $25,000-$ 100,000+ plus remediation
Reputational damage: Unquantifiable

For most businesses, accessiBe provides the best risk-adjusted return.

My Recommendation

I've built accessible sites from scratch. I understand the value of proper semantic HTML, custom ARIA implementations, and native accessibility. When possible, that's the gold standard.

But I've also seen the reality:

Most companies don't have accessibility expertise
Remediation projects stall or never complete
Third-party integrations constantly break compliance
Lawsuits don't wait for perfect code

For most organizations, accessiBe is the practical choice. It provides immediate, comprehensive accessibility coverage at a fraction of the cost of custom development. It demonstrates documented good-faith effort. And it gives users real tools to customize their experience.

If you have the resources for custom accessibility development, pursue it. If you don't—or if you need protection while you work toward it—accessiBe is the answer.

Make Your Site Accessible in Minutes with accessiBe →

Frequently Asked Questions

Do accessibility widgets really work?

Yes, but understand what they do. They add an accessibility layer and provide user customization. They don't rewrite your underlying code. For practical compliance and user experience, they work.

Is accessiBe accepted by the courts?

accessiBe demonstrates good-faith compliance effort, which matters in legal contexts. Many lawsuits have been resolved with accessiBe as part of the solution. It's not a legal shield, but it significantly improves your position.

What about critics of overlay solutions?

Some accessibility advocates prefer native implementation. That preference is valid. But for organizations without resources for native accessibility, an overlay that helps users is better than no accessibility at all. Don't let perfect be the enemy of good.

Can I use accessiBe while improving my underlying code?

Yes, this is the hybrid approach I recommend. accessiBe provides immediate coverage. Improve your code over time. When your native accessibility is solid, you could theoretically remove the overlay—though most keep it for the user customization features.

How long does accessiBe take to implement?

About 30 minutes. Add the script, configure your preferences, and it's live. The AI analysis happens automatically.

Does accessiBe work with all websites?

It works with most websites, including WordPress, Shopify, Wix, custom builds, and web applications. Complex single-page applications may require additional configuration.

Final Thoughts

Web accessibility isn't optional anymore. The legal landscape is clear, and the ethical case is obvious—over 25% of adults have some form of disability.

The question isn't whether to address accessibility. It's how.

For organizations with development resources and long timelines, custom implementation is ideal. For everyone else—which is most businesses—accessiBe provides practical, immediate, affordable compliance.

Stop waiting for the perfect solution. Implement something today.

Start with accessiBe - 7-Day Free Trial →

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult with an attorney for guidance specific to your situation.