Bicycle Accidents: Understanding Your Rights After a Collision with a Vehicle

Oct 3, 2024

Bicycle accidents can be upsetting, frequently resulting in severe injuries and substantial financial and emotional burdens.

Since cyclists are basically unprotected and much smaller than other vehicles, injuries from car collisions could generate months of financial and medical difficulties.

Bicycles on the roads are regarded as vehicles. Therefore, cyclists have the same responsibilities and rights as motor vehicles like trucks and automobiles. You must understand your rights after a collision with a vehicle. It enables you to get fair compensation and treatment for any injuries and damage.

Your Right to Medical Care

Getting immediate medical attention after a bicycle accident is crucial for your health. If any serious injuries need urgent medical attention, call 911 for an ambulance immediately. Do not hesitate to get medical help, as some injuries may not be immediately apparent.

If you feel your injuries are minor, let a doctor examine you. A medical professional must examine even minor injuries to guarantee accurate documentation and treatment. Some injuries may not exhibit symptoms right away and having a medical report serves as crucial evidence when seeking compensation for your injuries.

A detailed medical record connects your injuries to the accident, empowering your compensation claim. It can classify injuries needing ongoing and urgent treatment, allowing you to recover effectively.

Additionally, insurance companies typically dispute injury claims. Comprehensive medical documentation helps refute any arguments that your injuries were pre-existing or exacerbated because of postponed treatment. After your doctor identifies your injuries and prescribes treatment, you must adhere to their recommendations. You can’t miss appointments with doctors or for any tests.

If you miss appointments or don’t follow the doctor’s advice, the insurance company can argue that you aren’t as injured as you claim. They can use this argument to refute or decrease your insurance claim.

If you don’t agree with the doctor’s recommendations, then you should get a second opinion instead of not getting treatment at all. Getting appropriate medical attention for your injuries is crucial to verifying your claim.

Your Right to Call the Police

Another thing to do immediately when involved in a bike-car collision is to call the police. Don’t assume that the other motorist will do this. Be sure to call as soon as you can to protect yourself against any possible criminal charges.

Most importantly, calling the police will bring about the creation of a police report. This is a non-biased account of the facts of the case that is effective evidence in a potential trial or insurance claim dispute.

Calling the police could also allow an ambulance to respond to the accident. This can help to document the seriousness of an injury, as well as allow you to receive swift medical care.

Getting a police report after a collision can help when handling legal issues after the fact. This document contains details of the collision scene, witness statements, and initial fault evaluation, all of which are essential in legal matters.

Reporting the bicycle accident to the police is your fundamental right. The police will create an official report, which can serve as important evidence in any claims or legal proceedings. Be sure to get a copy of the police report for your records.

Your Right to Document the Collision

You have the right to document the collision scene, including:

  • Photographing any visible injuries
  • Taking pictures of your bicycle and the vehicle involved in the collision
  • Make a video of the collision scene, the surrounding area, and any traffic signs
  • Collecting the names and contact information of any witnesses

This documentation could help you with disagreements about the details of the case or the level of injuries and damage.

Your Right to Collect information

You have the right to collect information from the motorist involved in a collision. This information includes:

  • Name and address
  • Vehicle registration number and driver’s license number
  • Insurance information

These steps are necessary for filing a claim and any possible legal action. The only exception is if the collision makes it so you can’t do it.

Your Right to Not Make a Statement

After your bicycle accident, you might be contacted by insurance representatives from the other driver’s insurance company. It’s vital to know your victims’ rights, including the right to say nothing. You don’t have to make any statements that could possibly hurt your case.

Anything you say can be used against you. You can easily say something accidentally that can be used or misunderstood to decrease your compensation. A personal injury lawyer can tell you what information is crucial to share and when to do so.

Also, conversing without an attorney could harm your right to fair compensation. Insurance companies and lawyers need time to examine the circumstances of the collision. Making a statement too soon could inadvertently delay the process of establishing the real cause of the bike-car collision.

If you’ve been injured in a bicycle accident, don’t hesitate to get legal representation. Contact us to discuss your case with a qualified personal injury lawyer in Denver and get the guidance you need. Our personal injury lawyer will handle all communications with the other party’s insurance company, so they can’t use their tactics on you.

Your Right to Understand Fault and Liability

Establishing fault in a bike-car accident often involves examining state-specific traffic laws and right-of-way rules. For example, if a motorist doesn’t yield at a stop sign or turn without signaling, they may be considered accountable for the accident.

The legal basis for most collision claims is negligence. A motorist is considered negligent when their actions or lack thereof fall under the standard of care required of a rational driver. Examples include:

  • Distracted driving (texting, talking on a cell phone, eating, etc.)
  • Running a red light
  • Speeding

Deciding who’s at fault in a bike-car collision is necessary to resolve compensation matters. Liability is based on negligence. This means whoever caused the accident is usually liable for any damages. Proving fault means gathering witness statements, evidence from the collision scene, and perhaps expert testimonies.

Your Right to Receive Compensation

If the other motorist is at fault, you have the right to receive compensation for your damages and injuries. Your lawyer will decide the total damage you have suffered due to the collision. You have the right to get compensation for any damages, including:

  • Pain and suffering
  • Medical bills accrued due to your injuries (present and future)
  • Property damage (replacing or repairing your vehicle)
  • Emotional and mental pain
  • Lost wages
  • Loss of companionship
  • Loss earning capacity
  • Loss of enjoyment of life
  • Physical impairment
  • Disfigurement

Your Right to Not Accept the First Insurance Offer

When an insurance company of the at-fault driver makes the first settlement offer, you don’t have to accept it. The initial offer typically doesn’t cover the damage to your bicycle or the whole extent of your injuries. By agreeing to the first offer, you could hinder your right to complete compensation. Insurance companies frequently make very low offers to frighten the injured party into giving up their rights and saving the insurance company some payout money. Before accepting any offer, have an attorney assess your case and the offer.

Your Right to a Fair Trial

If your attorney can’t iron out a settlement with the other party in your collision case, no worries. You’ll still have the right to a fair trial. Your attorney can cut off negotiations and go forward to trial. They’ll prepare for trial by collecting pertinent details for your case and working to help you get a positive outcome.

Your Right to Talk with a Denver Personal Injury Attorney

Obtaining legal advice from an attorney can vastly benefit your case while protecting your rights. An experienced and knowledgeable attorney can offer support and advice during the claims process, fighting for your rights, and making sure that you get the compensation you deserve.

Consult with a personal injury attorney who offers a free case evaluation to discuss the facts of your accident and decide the best course of action. They can evaluate your case, offer legal advice, and provide representation if needed. Having a knowledgeable attorney on your side can make a considerable difference in the result of your case.

Hiring an attorney can give you more understanding of how you can protect your rights after a bike-car collision causes damage and injuries. Our Denver personal injury lawyers can help you in many ways:

  • Gathering and documenting evidence of your case
  • Negotiating with the insurance companies
  • Investigating the circumstances of the bike-car collision
  • Defending you against negative insurance practices
  • Making sure the police report is accurate
  • Talking with physicians regarding your short and long-term treatment plan
  • Representing you in court (if necessary)

Contact Us Today

If you’ve been injured in a bicycle accident, knowing your rights and getting prompt legal representation is crucial.

A knowledgeable personal injury attorney can help you deal with any challenges by filing a claim on your behalf, negotiating with the insurance companies, and if necessary, litigating your case in court to achieve fair compensation.

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