Bicycle Accidents: Legal Rights and Steps to Take for Compensation

People choose to ride bicycles for many reasons. Whether as a hobby, a family activity, a competitive sport, to support the environment, or as part of your daily commute, bicycles are a great form of transportation. They are also considered vehicles in the eyes of the law. As such, cyclists must follow the same rules of the road as people driving cars, trucks, and motorcycles.

Unfortunately, accidents happen, and when a bicycle collides with a car, injuries, and property damage to the cyclist can be very serious. According to the National Highway Traffic Safety Administration, an average of 45,400 bicycle injuries have been reported annually for the last five years.

Fortunately, cyclists have legal protections in cases of personal injury. Finding a bicycle accident lawyer with specific expertise in these personal injury cases is an important first step when seeking financial compensation for injuries or property damage. For instance, the personal injury team at Warren Allen LLC has a wealth of experience in representing individuals involved in bicycle accidents and helping them deal with insurance companies to ensure fair compensation. 

The following information provides an overview of the essential actions you should take to seek financial compensation after a bicycle accident, including documenting the incident, working with insurance companies, and seeking legal representation if necessary. 

What to Do After a Bicycle Accident

If you are involved in a bicycle accident, the most important thing to do is ensure everyone’s physical safety as soon as possible. Move to a safe place, especially if you are on a busy road, and call emergency services to get immediate medical attention for any injuries and to request a police officer to respond to the scene to assist.

Gather as much information as possible, including the driver’s contact and insurance information, plus the contact information for any eyewitnesses at the scene. Try to take photos of the scene of the accident, including damage to your bicycle and any other vehicles involved, road and weather conditions, and any visible injuries. 

It’s crucial to seek medical attention promptly, including a physical exam, even if your injuries seem minor. In some cases, injuries or medical conditions might not be immediately apparent or may worsen over time. A medical evaluation by a health professional will be crucial evidence to help demonstrate the extent of your injuries and the impact the accident may have on your life, including their notes, diagnoses, recommendations for therapy, and any prescribed medication.

Remember that personal injury damages are not limited to physical injuries and damages. You can also seek compensation for lost wages and pain and suffering, which can include PTSD, depression, anxiety, lessened quality of life, etc. If you seek counseling or other types of therapy, document this care and include the records in your evidence.

Request a copy of your accident report. If the responding officer gave you an accident report number, you can usually request the report online through your local police station. You can also call or visit in person and provide identifying details of the accident to get a copy of the report. Alternatively, the insurance adjuster (see below) will likely request a copy of the police report as part of their investigation to assess your claim so that you can ask for a personal copy from them.

Notify your insurance companies (car insurance, if you have coverage for cycling accidents and health insurance) of your accident. Even if you do not have specific coverage, these communications can help establish evidence to support your claim concerning injuries and damages.

Document as much as possible. Keep copies of all correspondence, communication, medical records, photographs, police reports, eyewitness accounts, contact information, receipts for bike repairs, and any information from your employer about lost wages.

The Role of Insurance Companies in Bicycle Accidents

Once you and the other party involved report the accident to your insurance companies, the insurance company of the party at fault will assign an insurance adjuster to assess your claim. Although the insurance adjuster might be friendly and helpful, you should always communicate with them carefully. They work for the insurance company, not for you. It is their job to gather evidence to assess the value of your claim and minimize the financial impact on the insurance company. 

Do not admit fault or sign any documents until you have spoken with a bicycle accident lawyer. Do not allow anyone to record any conversations with you. 

Once the insurance adjuster has completed their investigation, they will either deny your claim or make a settlement offer. Keep in mind that the initial settlement might be less than you are entitled to. It’s usually best not to take the initial offer until you consult a lawyer. 

Suppose you do not accept the initial offer. In that case, the insurance company will begin a negotiation process until you can reach a fair settlement or you choose to pursue a legal case.

How a Bicycle Accident Lawyer Can Help

Being involved in an accident is often traumatic and can even be life-changing. Getting professional assistance in the aftermath can make a stressful situation much more manageable. A reputable bicycle accident lawyer can help you:

• Assess the value of your claim to make sure you are aware of what constitutes fair compensation in your case, specifically
• Work with you to evaluate long-term medical or other expenses that might arise from severe injuries, pain, and suffering, or diminished capacity to do your job 
• Inform you of all your rights under local laws
• Gather evidence to support and strengthen your personal injury claim
• Negotiate and communicate on your behalf with the insurance company
• Represent you in court if you are unable to reach a fair settlement agreement

Most states have a statute of limitations by which you must file a personal injury claim. If you miss the deadline, you might be unable to seek financial compensation. Consulting with a bicycle accident lawyer sooner rather than later is a good idea. Let the personal injury team at Warren Allen LLC be your team; contact us to set up a free consultation today.