There are over 130,000 bicycle-related injuries on roads each year in the US. Unfortunately, many of these can result in long-term complications or even death.
If you’ve experienced a bicycle accident, it’s essential that you understand the steps to take afterward. These should be followed carefully so you can get the best outcome.
Let’s explore this topic in detail below.
1. Call the Police
Before you do anything else, you need to call the police. This is true even if you don’t feel as though you’re injured.
The same can be said about doubting if your bike is damaged. Having a police report will go a long way toward establishing what occurred at the scene.
If the police never arrive to document the incident, you’ll be lacking key evidence to support your claim. So, call the police immediately after you get to safety. You should also ask for the reporting officer’s name and badge number so you can obtain a copy of the police report.
2. Get the Other Party’s Statement
If possible, get a statement from the other party. It’s not uncommon for people at fault to openly admit their wrongdoing at the scene.
For instance, a negligent driver who strikes a cyclist might immediately exit the vehicle and say something like, “I’m so sorry! I didn’t even see you!”
A simple statement like this can serve as a great piece of evidence to establish fault. However, you should avoid saying anything about the accident from your point of view.
Anything you say can be used against you later on, and bystanders often record the aftermath of accidents. They also tend to stay around to tell police what they saw.
This is especially true if someone involved in the accident was blatantly at fault. To assure that you remember what the other party says, record their statement or write it down. If they refuse to speak to you, accept their answer and wait for the police to arrive.
3. Gather Evidence
At the scene, document all of the evidence you can. Take photographs of your helmet, clothing, bike, and surrounding property. You should also take photos of the nearby lighting conditions.
This latter point is especially important. To clarify, a driver might attempt to blame dim lighting conditions for the reason behind the accident. If you can prove that the area was sufficiently illuminated, they won’t be able to use this excuse.
Keep in mind that you shouldn’t fix your bike or wash your clothes after the accident. The other party may attempt to argue that the evidence of the accident is fraudulent.
If you can readily present the physical objects that were damaged at the scene, your argument will be much more compelling. Speak to any witnesses that are at the scene.
Ask them to tell their version of what happened. To make this process easier, ask their permission to record the conversation. You should have them state their name and the current time/date at the beginning of the recording.
4. Call Your Insurance Company
As soon as you get a chance, call your insurance company. If you wait too long, they might refuse to compensate you for your claim.
Unfortunately, many people make the mistake of talking to the other party’s insurance company. If you receive a call from them, it’s best not to answer. Remember — they are working for the other party, not you.
5. Seek Medical Attention
As previously mentioned, it is not uncommon to feel uninjured after a collision. However, there is a chance that you have internal issues that can evolve into something worse if left unchecked. For example, you might have undiagnosed internal bleeding that can become life-threatening over the following days.
Seek medical attention as soon as possible after the accident. Doing so will also strengthen your case. If you wait too long, the other party could argue that you were uninjured after the accident but later decided to claim bodily injury.
6. Compile Documentation
Compile the evidence you have so far. This includes witness statements, photographs of the scene, medical records, etc. This will come into play later if you choose to take legal action against the other party. Without well-documented evidence, it can be difficult to achieve the results you desire.
7. Take Photos of Your Injuries
In the coming days, document the progression of your injuries. Bruises, swelling, road rash, etc., can become worse over time, and your injuries may not have looked as bad as they were at the time of the accident.
This also gives you a chance to take photos under better lighting conditions or on a higher-quality camera. If you need to use crutches, wear a cast, etc., after the accident, document yourself doing so. You should also keep these items even after you heal.
8. Photograph the Crash Location
As soon as you can, return to the scene and photograph the crash location. It’s not uncommon for bikers in a collision to be unable to do so at the time of the accident. This is especially true if serious injury occurs.
It’s worth noting that you should still photograph the scene even if there is evidence that an accident happened. If you can locate marks on the street, though, be sure to take photographic and video evidence.
9. Don’t Talk About the Accident
It can be tempting to discuss the accident with other people. Before the case is resolved, it’s in your best interest to avoid doing so. This is particularly true regarding social media. One of the worst things you can do is make a social media post about the incident.
Instead, remain as private as possible and tell people to respect the sensitivity of the situation. You should also be aware that anything you post on social media can be used against you.
For instance, let’s assume that you were injured in a bicycle crash. A week later, you post a picture of yourself at your nephew’s birthday celebration. Even though you were in significant pain, you look completely healthy in the photo.
The other party may then use this as evidence to claim your injuries weren’t as bad as you made them out to be.
10. Hire a Lawyer ASAP
Once you’ve taken care of the above obligations, you’ll need to hire a lawyer as soon as possible. They have all of the knowledge and resources to help get the justice you deserve.
They can also inform you of your rights, allowing you to take action and situations you may otherwise not have. Don’t neglect this responsibility — it’s the only way to achieve a favorable outcome.
Finding a Lawyer
Not all lawyers are created equal. You’ll need to do your due diligence to find the best option for you. Let’s explore some of the most notable attributes to consider when hiring an attorney.
Their Reputation
Check what past clients have had to say about your prospective attorney.
This insight will prove to be invaluable when making your decision. Consider information about the attorney’s responsiveness, the timeline of the case, and their overall experience. You should also keep an eye out for negative feedback the attorney may have received.
Look into how that attorney responds to situations like these. Never work with someone who gets aggressive or defensive.
Their Specialization
How experienced are they in the industry? Have they worked with people like you before?
It’s in your best interest to hire an attorney who handled plenty of cases like yours in the past. They’ll likely have encountered a number of issues that inexperienced attorneys wouldn’t know how to overcome.
The good news is that attorneys who specialize in certain areas are proud to convey this information. You should be able to easily find their areas of expertise on their website. If they don’t seem like they have enough experience in this area, continue your search elsewhere. It’s much better to take the time to find the ideal attorney.
Their Billing Structure
The last thing you want is to encounter financial surprises. Ask them about their billing structure so you can have a strong understanding of what you’ll pay. In scenarios like these, it’s not uncommon for attorneys to work on a contingency basis. This means that you won’t be required to pay anything upfront.
Instead, they will take a percentage of your winnings as compensation. This is a great situation to be in, as it motivates the attorney to work as hard as possible.
Sometimes, though, you’ll encounter attorneys who charge hourly fees. They might also offer additional services that come at an extra cost. As long as you know all the financial details, you can make the right decision.
Are They Communicative?
Dealing with the aftermath of an accident is stressful enough. You should only work with attorneys who are highly communicative. They should provide regular updates on your case and respond to emails promptly.
This will provide valuable peace of mind that can help you better manage the situation. For example, many accident victims find the experience to be highly traumatic. Managing trauma will be much more difficult if you’re left in the dark about your case.
Will They Delegate Your Case?
Sometimes, people wrongly assume the attorney they work with will be the one to handle their case.
Attorneys often delegate bicycle crash cases to other members of the firm. Unfortunately, these professionals may not have the level of experience necessary to get the outcome you need. Be upfront with your attorney and ask if they will be the person working on your case.
If they do choose to delegate it, ask for more information about the attorney who will work on it. You should meet with them if possible to get a better idea of what you can expect when hiring a lawyer.
Reasons Why Bike Accidents Occur
To minimize your chance of getting into an accident, you should understand the common reasons why they occur. Speeding is one of the most common. As a biker, it can be difficult to gauge the speed of other cars.
If you feel as though someone is traveling faster than they should, be aware of their position on the road and avoid them as best you can. Distracted driving is another major culprit.
Even a single second of inattentiveness can cause a driver to collide with a cyclist. With this in mind, you should never assume that drivers will make the right decision. For example, if you are crossing an intersection and an approaching driver has a stop sign on their side, don’t assume they will actually stop.
Thinking this way can help you prevent issues you may have otherwise encountered. In some cases, the cyclist unnecessarily puts themselves at risk while on the road.
A cyclist weaving through traffic as cars slow down at a red light is a common scenario. Some cyclists might also ride outside of the bike lane while on the street.
As long as you follow the rules of the road, you won’t have much to worry about. You can check out what the professionals at Alpha Accident Lawyers have to say to find more information.
Consider These Bicycle Accident Tips
In the event you get into a bicycle accident, it’s crucial to keep the above information in mind. This could mean the difference between whether or not the outcome resolves in your favor.
Our blog has plenty of other lifestyle articles that can help you avoid issues like these in the future. Be sure to check them out today to see what you can learn!
