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
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