Maybe it's happened to you before. It's probably happened to someone you know. While I hope no one ever needs this information firsthand, it can be crucial to making the best of a dreadful situation. While you might know what to do if you're in an accident in your car, a bike accident is very different. You may be injured and certainly your nerves will be frayed. The folks at BicycleLaw have laid out the basics for you:
ALWAYS wait for the police to respond to the accident scene so that an official report will be filed. Some cyclists do not realize that they have been injured until several hours after the accident. By then, it may be too late to identify the at-fault driver. Seemingly minor injuries can develop into serious and permanent injuries.
YOU should not attempt to negotiate with the at-fault driver. He or she may not give you accurate information about their identity, insurance coverage or vehicle ownership. Many drivers who cause accidents will initially apologize and accept blame for the accident, but will later, after they have time to consider the ramifications, will deny that they were negligent. They may even deny that they were even present at the accident scene! The accident report will include the driver's statements as well as all other witness statements. Additionally, the responding officer may decide to ticket the driver and this can be useful when trying to settle the case with the insurance company.
THE ACCIDENT SCENE should be investigated for information about how the accident occurred. The investigation should include obtaining skid mark measurements, photographing accident scene, speaking with additional witnesses, and measuring and diagramming the accident scene.
SEEK prompt medical treatment for you injuries. This is proof that you were in fact injured and the medical records generated by the medical provider will help establish the extent of your injuries. Have several photos from different angles and different lighting taken of your injuries as soon as possible after the accident. Keep a journal (injury diary) of your physical symptoms starting immediately after the accident and make entries every couple of days.
LEAVE your bike and other damaged property in the same state as it was after the accident. Take photos of all of your damaged equipment and accessories.
DO NOT communicate with the insurance company before consulting with an attorney. Most cyclists want to be fair and reasonable with the insurance company. When you communicate with the insurance company, they are gathering information. Unfortunately, a fair and honest account of the accident can be turned around and used against you later.
CONTACT Biclelaw.com or another personal injury attorney who understands bicycling. While many attorneys are competent to handle general injury cases, make sure your attorney is familiar and has experience with:
- Bicycle traffic laws
- Negotiating bicycle accident cases with insurance companies
- Trying bicycle accident cases in court
- The prevailing prejudice against cyclists by motorists and juries
- The names and function of all bicycle components
- The speed bikes travel as well as braking and cornering
- Bicycle handling skills, techniques and customs
- How to get the full value property damage estimates for your bicycle
- Establishing the value of lost riding time
- Leading bicycle accident reconstruction experts
- Licensed forensic bicycle engineers
- Establishing the value of permanent diminished riding ability
"When I see an adult on a bicycle, I do not despair for the future of the
human race." - H.G. Wells
I was hit by a car as I was heading westbound on the Bayway about 3 years ago. I had a GREEN light and I was going straight, so I had the right of way. A guy in the SUV was turning left and completely ran me over. He didn't stop, and I KNOW he knew that he hit me. How could he NOT know. Another driver who saw the whole incident drove after the guy in the SUV and caught him about a half mile away and called police. The driver of the SUV made up a story that he didn't see me nor did he notice that he happened to RUN OVER someone on a bike! Even though I was screaming at the top of my lungs, my bike made crunching and crashing noises as he ran me over and my front wheel popped off and flipped up into the air hitting his windshield???? The police DID NOT ticket him nor did they find him at fault. Meantime, my expensive titanium bike which costed me almost $3,000.00, was a total loss and my back has never been the same since.
All too often, motorists are not cited for hitting pedestrians or cyclists. wow! Justifiable homocide! What terrific fun!
I never understood this phenomenon. Can someone please explain it to me. Why do drivers get away with murder in their cars while they inflict injury and loss upon innocent, law abiding citizens on foot and on bicycles...Very rarely do you hear of a driver who is cited for running over a pedestrian or a cyclist, why is this?
I'm always hearing about how cyclists are breaking the rules of the roads, but what about motorists who practically kill people and get clean away with it? Like what happened to me...
Motorists hurt people BADLY!! Cyclists block the road for 20 or 30 seconds and then they're on some other road somewhere. The comparisons are like comparing apples and oranges, folks.
Posted by: M. Wilson | November 19, 2007 at 03:43 PM
yea! LEt's concentrate on cracking down on the real idiots here - IGNORANT, STUPID, PEOPLE TALKING ON CELL PHONES AND DRIVING AT THE SAME TIME!
Posted by: | November 19, 2007 at 04:49 PM