Knowing what to do after a bicycle accident helps preserve your health, keeps you legally compliant, and can significantly impact your compensation in an insurance claim or lawsuit. Evidence from your accident scene and medical records that document your injuries play a significant role in whether you receive fair compensation for short- and long-term damages.
If you were hurt in a bike accident caused by someone else, contact the respected bicycle accident lawyers at Feller & Wendt, LLC™. We provide strong legal representation to protect your rights, seek fair compensation, and fight back against claims that you are to blame for your crash.
Immediate Steps To Take After a Bicycle Accident
The time right after a bicycle accident can be hectic, and you may be in pain. Stay as calm as possible to summon help and collect the evidence you need to seek compensation. A skilled bicycle accident lawyer knows what to do after a bicycle accident and can assist you with evidence collection and identifying witnesses if you can’t.
Ensure Your Safety and Check for Injuries
Move to a safe area far from traffic and other hazards if you can. Check to see if there are other injured parties, but only if you can do so safely away from debris and traffic. If you have serious injuries, do not attempt to move to avoid worsening your condition.
Call 911 or flag down someone at the scene to have them call for you. Don’t move other people or attempt medical treatment other than applying pressure to any bleeding. If someone at the scene is unconscious, alert the 911 operator so they can tell you how to proceed.
Call Emergency Services and Seek Medical Attention
Call 911 and give critical details such as the intersection or recognizable landmarks. You also will want to describe your injuries and those of others. Recount as best you can any involved vehicles that left the scene.
If you do not receive emergency care, seek treatment from a doctor promptly. You may have a traumatic brain injury, internal bleeding, or other condition with hidden symptoms. Road rash can cause infections with severe consequences if left untreated.
The reports that law enforcement and your medical provider generate will be critical evidence in an insurance claim or lawsuit. These records serve as unbiased evidence related to your accident and injuries. Law enforcement also can direct traffic around your crash site, further protecting your and others’ health.
Do not skip follow-up doctor appointments or avoid seeing referred specialists. If you delay care, miss appointments, or don’t follow your treatment plan, you likely undercut your claim for damages.
Gather Evidence and Collect Contact Information at the Scene
Take photos and videos that capture injuries, your bike, and any involved vehicles. Include any skid marks, road and weather conditions, and any hazards that may have contributed to your crash. If you were in a bike lane, capture it as well.
Collect details from drivers, witnesses, and other involved parties, but only if you can do so safely. If the other driver or another party is agitated or appears intoxicated, do not approach them. When law enforcement arrives, explain why you couldn’t share details with the other driver.
Understanding Your Legal Rights as a Cyclist
Personal injury laws, insurance regulations, and bicycle statutes provide you with protection and legal options, such as filing insurance claims or a lawsuit. Most importantly, you have the right to pursue compensation for medical bills, lost wages, pain and suffering, emotional trauma, and additional damages. If a loved one has died from a bike accident caused by someone else, you might be eligible to pursue a wrongful death claim.
In a lawsuit, you have the right to question witnesses and others involved in the accident and request certain evidence, such as the cell phone records of the driver who hit you.
The compensation you can collect depends on the comparative negligence laws of your state. These laws dictate the level of fault you can share for a crash and still collect damages. They also limit your damages based on your share of the responsibility.
Bicycle and personal injury laws vary based on where your accident occurred. Seek legal advice from our experienced legal team so we can advise you on applicable laws and how to start the compensation process.
Seeking Compensation for Your Injuries
If another party was at fault in your bicycle accident, you may be eligible to seek damages through insurance claims or a lawsuit. The compensation you can pursue covers your crash’s short- and long-term impacts.
What Damages Can You Recover?
You can recover economic and non-economic damages in a bicycle accident claim. Economic damages compensate you for financial losses, while non-economic damages address the less tangible impacts on your life. Compensation you can seek includes the following:
- Medical expenses and future medical costs
- Lost wages and future earning potential
- Rehabilitation
- Pain and suffering
- Emotional trauma, such as PTSD
- Property damage
- Funeral and burial expenses and other damages in a bicycle accident wrongful death claim
Your bicycle accident attorney will likely use the multiplier method to determine your non-economic damages. They multiply your economic damages by a number, usually between 1.5 and 5, depending on how serious your accident was and how it affected your life.
Filing a Bicycle Accident Claim
In some cases, such as a hit-and-run, your auto insurance policy may cover your damages when you are hit on a bicycle. You might also be eligible to pursue a claim under an at-fault driver’s policy. If you are unable to reach a full and fair settlement agreement with the at-fault driver’s insurer, you can file a lawsuit against the driver.
To improve your chances of receiving fair compensation, you must complete several steps, including:
- Notifying your insurance company
- Partnering with an experienced bicycle accident attorney
- Gathering all of your evidence
- Determining your damages
- Identifying liable parties
- Serving notice of claims to the at-fault party or parties’ insurers
- Engaging in settlement negotiations
- Filing a formal lawsuit
Every state sets a time limit for filing a bicycle accident lawsuit, called a statute of limitations. For example, in Arizona and Idaho, you have two years from the accident date to file a claim, and in Utah, four years. Don’t delay contacting an attorney, or you may lose your right to seek damages.
An experienced bicycle accident attorney can assist by investigating your claim, calculating your full damages, and identifying and pursuing all potential avenues of compensation.
Common Bicycle Accident Causes
Several factors, sometimes in conjunction, cause bicycle accidents. Common reasons for bicycle crashes include:
- Driver negligence, such as speeding, failure to yield, distracted driving
- Road hazards, including potholes, poorly marked bike lanes, or work zones
- Cyclist-related mistakes, such as failure to signal a turn, riding against traffic, or riding in prohibited areas
Mind these risks when you ride to reduce your chance of injury. You can’t control what drivers do, but there are several things you can do to improve bike riding safety. Review the laws where you ride, as your home city’s bicycle laws may be different than those in a neighboring town or another state.
Our Locations
Contact Our Award-Winning Bicycle Accident Lawyers
“When my husband was hit in an intersection and sustained neck and back injuries, Feller and Wendt was wonderful to help us through an unfamiliar process. It was so comforting not to have to deal with insurance companies and all the red tape. They really went to bat for us and got us a great settlement!” – LisaContact our experienced bicycle accident attorneys for a free consultation by calling 801-499-5060 or completing our online contact form. Our diverse team includes attorneys and staff who speak Spanish.
* This information provided by Feller & Wendt, LLC™ is for informational purposes only and should be in no way construed as legal advice.
