What to Do After a Bicycle Accident: A Step-by-Step Legal Guide

Cycling is an excellent mode of transportation, but accidents can happen in an instant. If you’re involved in a bicycle accident, taking the right steps can protect your health, rights, and potential legal claims. 

This guide outlines what to do immediately after a crash and how to navigate the legal process.

Step 1: Ensure Your Safety and Seek Medical Attention

Your health is the priority. If you are injured, call 911 or ask someone to do so. Even if injuries seem minor, some symptoms (like concussions or internal bleeding) may not be immediately obvious. 

Seeking medical attention creates a record of your injuries, which is critical for insurance claims and legal cases.

Why Immediate Medical Attention is Important:

• Some injuries, like internal bleeding or traumatic brain injuries, may not show symptoms right away.
• Prompt medical attention prevents insurance companies from arguing that your injuries weren’t serious.
• Delayed treatment may weaken your claim for compensation.
• Documentation of injuries strengthens your legal case.

Step 2: Move to a Safe Location

If possible, move out of traffic to avoid further danger. However, do not leave the scene of the accident. If you are unable to move due to injuries, stay where you are and wait for emergency responders.

Additional Safety Tips:

• If you are conscious but unable to move your bike, signal to others for help.
• If it is safe, use your phone’s flashlight or a reflective object to alert oncoming traffic.
• Do not attempt to remove your helmet or any protective gear unless absolutely necessary.

Step 3: Call the Police and File a Report

A police report is an essential piece of evidence. When officers arrive, provide a clear and accurate account of what happened. Request a copy of the report or ask for the report number so you can obtain it later.

Why a Police Report is Crucial:

• It serves as an official record of the accident.
• It documents statements from witnesses and involved parties.
• Insurance companies use it to determine liability.
• If the driver flees the scene, the report helps law enforcement track them down.

Step 4: Gather Evidence at the Scene

Document as much as possible, including:

• Photos and Videos: Capture the accident scene, vehicle damage, road conditions, traffic signs, weather conditions, and any visible injuries.
• Witness Statements: Collect names, contact details, and statements from any bystanders who saw the accident.
• Driver’s Information: Obtain the driver’s name, contact information, insurance details, and vehicle license plate number.
• Police Officer Details: Record the name and badge number of the responding officer.

Tips for Effective Evidence Collection:

• Use your phone to record a voice memo describing the accident while details are fresh in your mind.
• If you were wearing a helmet cam, save the footage immediately.
• If there were traffic cameras nearby, ask businesses or authorities if they captured the accident.

Step 5: Do Not Admit Fault

Avoid making statements like “I didn’t see the car” or “It was my fault.” Even if you believe you contributed to the accident, liability is a legal determination that should be made after a thorough investigation.

How Your Words Can Affect Your Case:

• Anything you say can be used by insurance companies to reduce or deny your claim.
• Apologizing may be interpreted as an admission of guilt.
• The driver or their insurer may attempt to shift blame onto you based on your statements.

Step 6: Preserve Evidence

• Keep your bicycle and any damaged equipment in its post-accident condition.
• Retain all medical records, bills, and receipts related to treatment.
• Maintain a journal documenting pain levels, emotional distress, and how the accident has affected your daily life.
• If you suffered property damage, keep receipts for repair or replacement costs.

Step 7: Notify Your Insurance Company

If you have auto or personal injury protection (PIP) insurance, notify your provider about the accident. Stick to the facts and avoid providing recorded statements without consulting an attorney.

Key Considerations When Dealing with Insurance Companies:

• Never accept the first settlement offer without consulting a lawyer.
• Be cautious when speaking to adjusters; they may try to downplay your injuries.
• If the at-fault driver’s insurance contacts you, refer them to your attorney.

Step 8: Consult a Bicycle Accident Attorney

An experienced attorney can help:

• Determine liability and gather additional evidence.
• Negotiate with insurance companies to ensure fair compensation.
• File a personal injury lawsuit if necessary.
• Protect your rights if the driver or their insurer disputes your claim.

When to Hire an Attorney:

• If you sustained serious injuries requiring long-term medical care.
• If there is a dispute over who was at fault.
• If the insurance company is denying or delaying your claim.
• If you are offered a settlement that does not cover your expenses.

Step 9: Understand Your Compensation Rights

If another party was at fault, you may be entitled to compensation for:

• Medical expenses: Emergency care, surgeries, rehabilitation, and long-term treatments.
• Lost wages: Compensation for missed work and potential future earnings.
• Pain and suffering: Physical pain, emotional distress, and diminished quality of life.
• Property damage: Bike repairs or replacement, gear replacements.

Factors That Affect Your Compensation:

• The severity of your injuries.
• The strength of your evidence and witness testimony.
• State laws regarding comparative negligence (whether you were partially at fault).
• Insurance coverage limits of the at-fault driver.

Step 10: Follow Through with Treatment and Legal Steps

Continue medical treatment as prescribed. Missing appointments or ignoring medical advice can harm your claim. Work closely with your attorney to ensure all necessary legal steps are taken in a timely manner.

What Happens if You Delay Treatment?

• Insurance companies may argue that your injuries weren’t serious.
• You may not be able to link certain injuries to the accident.
• Your recovery time may increase due to untreated conditions.

Final Thoughts

A bicycle accident can be life-altering, but knowing the right steps can make a significant difference in your recovery—both physically and financially. 

By staying calm, documenting everything, and consulting a legal professional, you can protect your rights and pursue the compensation you deserve.

If you’ve been injured in a bicycle accident, consider reaching out to a personal injury attorney to discuss your case. 

Legal guidance can help you navigate the complexities of insurance claims and personal injury laws, ensuring you receive the best possible outcome.

Contact Mulholland Injury Law today for legal consultation on bicycle accidents.