Top Ten Things to Do If you are In a Bicycle Accident

Here is a checklist to follow if you are hit while riding your bicycle and are still able to function: 1. Get out of the road to avoid being hit a second time; however, if possible, take pictures (or have someone else take pictures) before the bike or car are moved.
2. Get the phone numbers and names of all witnesses.

3. Make sure to remember what if anything the driver, passengers, and or witnesses admit or tell you about the accident.

4. Call the police immediately and make a police report. Do not let the driver talk you out of making a report.

5. Do not ignore your pain and blow it off. People are often hurt way worse than what they thought at the time of the accident due to adrenaline. Go to an ER or doctor immediately if you have any pain. If you do not document that you are injured in medical records, you have no case for personal injuries.

6. Ask to see the driver’s license and insurance information. Do not just let them write it down for you. Get the phone numbers to make a claim. Check the policy dates on the card to verify you have the correct insurance card.

7. Seek an estimate of your bike damage for repair and replacement value from a reputable shop like Maplewood Bicycle. Do NOT try to fix it on your own without first getting the estimate.

8. Do not destroy anything that could be evidence such as a cracked helmet, torn clothing, bloody shoes, etc.

9. Do NOT give a recorded statement to the insurance company. They are NOT on your side and will try to trick you into saying something to use against you in court.

10. Call a bicycle accident attorney within 24 hours in order to preserve all evidence, to contact witnesses, to make sure the police have the correct story (in case a supplemental report is needed with your statement), and to let the insurance company for the driver know you are represented and cannot be bullied into a settlement that greatly undervalues your case.

If you were not able to function at the time of the accident, or your loved one was killed in a bike accident, it is imperative you or your family contact an experienced bicycle accident attorney immediately. Make sure your family knows who you want them to call in an emergency.

© 2011 The Law Office of Michelle M. Funkenbusch, LLC. All Rights Reserved. These materials may not be reproduced in any way without the written permission of The Law Offices of Michelle M. Funkenbusch, LLC. This blog is designed to provide general information on the topic provided and is posted with the understanding that the publisher is not engaged in rendering any legal or professional services. Although this post and the blog is prepared by a lawyer, it should not be used as a substitute for legal advice. If legal advice is required, the services of an attorney should be sought privately.