According to Statista, over 47 million people hit the road as bicyclists in the United States. Bicycling has grown over recent years as an enjoyable hobby, type of exercise, and effective form of transportation. Bicycling is good for your health, your wallet, and the environment (and it’s simply fun)—so it should come as no surprise that this activity is so popular.
However, riding your bicycle does not come without risks. In 2015 alone, there were over 45,000 accidents between bicyclists and motorists, and regrettably, hundreds of these proved fatal. Bicyclists are especially vulnerable on the road because, even with a helmet, they have very little protection against motor vehicles traveling several times faster than their bicycles. Because of the inherent risks, bicyclists should practice safe riding habits and obey all traffic signs and laws.
However, even the safest bicyclists may still be involved in an accident due to no fault of their own. Many motorists may fail to see bicyclists or give them the appropriate amount of space on the road. So, if you are involved in a bike accident, what should you do?
After ensuring that you’re safe and you’ve called 911, you shouldn’t wait to reach out to a Denver bike accident attorney. When in doubt, Call Paul. The Paul Wilkinson Law Firm is dedicated to fighting for the rights of those involved in bike accidents, car accidents, truck accidents, and many other types of personal injury cases. Even if you believe you may be partially at fault, we’re here to show you your options and educate you on the steps to take after an auto accident. We can help you find medical assistance, navigate your insurance company, and determine if your case is entitled to compensation.
Table of Contents
WHAT TO DO AFTER A BIKE ACCIDENT
1. Get to safety.
This may seem obvious, but the first thing you should do following a bike accident is to get to safety. Depending on the severity of the accident, this may be difficult. But if you’re able, you should move yourself and your bicycle to safety. Clearing the road will help make sure that another crash doesn’t occur.
2. Call 911.
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.
Even 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.
3. Exchange information.
While waiting for the police or paramedics, use this as an opportunity to exchange pertinent information with anyone else involved in the accident. You should exchange insurance and contact information, but don’t feel pressured to share more information than necessary.
You have the right to collect information from the motorist(s) 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.
4. Obtain a police report.
As mentioned, 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.
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. When determining fault, the court sees the police report as one of the most reliable and objective pieces of evidence.
5. Collect evidence.
In addition to the police report, you should gather as much evidence as possible from the scene of the accident. If in the future, you intend to pursue legal action, this evidence will be critical for your case.
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.
7. Call your insurance.
Notify your insurance about the accident. However, try to avoid agreeing to anything before having the chance to collect research and reach out to a professional bike accident law firm.
8. Avoid any negotiations.
Whether with your insurance company or the motorist, you should never enter into negotiations (or accept any agreement) before fully understanding the situation and your rights.
9. Call a bike accident attorney.
After you’ve spoken with the police and your insurance company, it’s time to contact a professional bicycle accident lawyer. Even if you don’t plan to pursue legal action or believe you were partially at fault, a Denver bicycle accident attorney can provide an invaluable asset: information.
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)
An attorney specializing in this type of personal injury case can educate you on your options and help you determine the best path forward. Many will even work with you to help you access any necessary medical treatment.
UNDERSTAND YOUR RIGHTS AFTER A COLLISION WITH A VEHICLE
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.
Besides your right to seek medical attention, obtain a police report, document the collision, gather and exchange information, and get legal representation from a bicycle accident lawyer, you also have other rights you must consider:
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.
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.
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
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.
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.
STATISTICS ON BIKE ACCIDENTS
In 2018 alone, according to the National Highway Traffic Safety Administration (NHTSA), over 800 bicyclists were killed in traffic accidents in the United States. Data also indicates that while bicyclist deaths have decreased since the 1970s, they have increased by nearly 40 percent since 2010. Experts also believe that as more people see the benefits of bicycling, including saving on gas, improving their health, and cutting down on harmful emissions, these numbers may continue to increase.
To make our roads safer, researchers, engineers, and politicians use data and statistics to better understand bicycle accidents to ultimately make our roads safer. Here’s a look at some important bike accident statistics to help keep you safer on the road—as both a bicyclist and motor vehicle driver.
- Annually, 2 percent of deaths caused by motor vehicles are bicyclists.
- Child bicyclist deaths have declined, but deaths for bicyclists ages 20 and up have tripled since 1975.
- More men die in bicycle accidents than women.
- Florida, California, and Texas report the most bicycle accidents.
- 75 percent of bicyclist deaths occur in urban areas.
- Bicyclist deaths occur most often during the hours of 6 PM and 9 PM.
HOW TO AVOID BICYCLE ACCIDENTS
When taking your bike out on the road (even if it’s just around the block) safety should be your first priority. Motorists, bicyclists, and pedestrians have a shared responsibility to keep our roads safe. Here are a few practical, common tips on how you can avoid bicycle accidents:
- Keep up with your bike maintenance.
- Wear bright, reflective clothing (even during the day).
- Obey all traffic signs, laws, and regulations.
- Tuck your shoelaces in your pants or socks so they don’t get caught in your chain.
- Ride with the flow of traffic.
- Always assume that drivers don’t see you.
- Avoid listening to music or using your phone while riding.
CONCLUSION – WHAT TO DO AFTER A BIKE ACCIDENT
We hope you never find yourself or a loved one in a bicycle accident. However, you should be prepared and know what to do if one does occur. Receive the appropriate medical attention, receive an official police report, and gather as much evidence from the scene as possible. While you may be scared after a bicycle accident, these steps could prove important if you pursue legal action.
If you or a loved one is involved in a bike accident, you shouldn’t be worried about how you’re going to pay for your medical bills, recoup lost wages, or fight your case in court.
Because our primary concern is getting you the compensation you deserve, our Denver bicycle lawyers operate on contingency fees. We only get paid if you win your bicycle accident case. Call us today to receive a free consultation to see what options are available for you and your case.
