Key things to Remember Legally about a Bicycle Accident

 

Disclaimer: the material presented in the article below should only be considered as a general overview regarding bicycle accidents. Should you or anyone you know find yourself in a bicycle accident, it’s best that you speak to an attorney immediately. They can help you decide on what the best legal actions are to take.

For a bicycle rider, getting involved in an accident, big or small, can be scary and traumatizing. If you’re the one who’s riding the bicycle, it’s essential that you keep your calm and wits after the accident. You should know that what you do right after the accident will have a significant impact on how things will turn out. Your actions will help you claim for your injuries and damages that you’ve sustained because of the accident. Lastly, it will also affect your lawsuit, in case you file for one. To help you out, here are the key things to remember legally if you’re involved in a bike accident.

 

  • Contact the police immediately.

It’s necessary for any vehicular accident that you should stay at the scene of the crash and contact the police immediately. The police will take and file a report. When filing for compensation, you need the police report, since most insurance companies won’t compensate you without this.

You should make sure that the police officer will have your statement; as there are times that they only take the statement of the motorist. Make sure that you’re sincere when talking to the police officer. Tell him/her your account of the account and the injuries that you’ve sustained, no matter how minor you think they are.

 

  • Limit your conversation with the other driver.

The less you talk, the less the chances that you would end up saying something that you’ll regret later on.

You should:

  • Never negotiate

No matter how much the other driver tries, you should never negotiate with him/her. Some drivers will apologize for the accident at the scene but will deny this later on.

  • Never admit fault

You shouldn’t apologise or take the blame for the accident. This can be used against you and will make you look guilty.

  • Never fight

You may end up offending him/her if you argue with him/her, which may cause him/her to be uncooperative with you when you’re filing for compensation or blaming you for the accident.

  • Write down information.

You should write down the information of the other driver, as there’s a tendency that the police won’t include this in the police report.

Write down:

  • Information of the other driver

Name, phone number, and address

  • Other driver’s driver’s license and insurance details

Insurance company, insurance policy number, and insurance agent

  • Details of the other driver’s vehicle

Type, make, and license plate

If you can’t do this because you’ve been injured, you can ask someone else to do this for you.

  • Take down notes.

Make sure that there’s no detail, no matter how small, left out.

Take down notes of:

  • Events that occurred before, during and after the accident

Write down what were you doing and the things that you saw before, during and after the crash. Make sure it’s well-detailed; include things like other vehicles that were there, the flow of traffic, etc.

  • Information of possible witnesses

Write down the names, phone numbers, and home addresses of any potential witnesses. And if they’re willing, ask them if they can give a statement to the police.

  • Location, date and time of the accident

Take note of where and when the crash occurred. Also, take down notes of the weather condition on that day, which may have contributed to the crash.

  • Keep videos and images.

Videos and pictures are considered as compelling evidence when filing cases in court. Thus, it’s imperative that you take and keep them.

You can:

  • Take pictures of your damaged bicycle and things

Having pictures of your bike before the accident will help you show a comparison of how severe the damages are.

  • Take pictures of your injuries

If you can, take pictures of your injury. Be sure to have photos of that area before you got injured. This will help you show the extent of the injury.

  • Save video recordings from your GoPro

If you have a GoPro, make sure to keep the recordings. Keep the recordings from before, during and after the accident.

  • See a doctor immediately

Right after the accident, you should go to the hospital, even if you don’t have any injuries. Some injuries won’t show immediately, and going to a doctor will help prevent these injuries from getting worse.

Also, most insurance companies won’t release compensation unless you have a medical certificate proving that you’ve been injured because of the accident.

  • Call a bicycle accident lawyer.

As soon as you can, you should contact a bike accident lawyer. The lawyer will help and guide you on how to legally deal with the accident. And when talking to him/her, be completely honest, so he/she can help you file your case correctly.

Bike accidents can happen in a snap, and you would never see it coming. It’s an experience that can be shocking and traumatising. However, when it would happen to you, you should be able to think critically and deal with it calmly. What you do will affect how the aftermath of the accident unfolds, this is why you need to tread carefully. Coping with the disaster may be hard, but if you know how to deal with it appropriately, you’ll be more than fine.

 

 

Dianna Charles

Dianna Charles is a promising young law enthusiast that hopes to bring her youthful spirit in her field. She tries to add a refreshing modern take to topics on the legal world that people can learn from. Dianna enjoys her free time with friends and family, and loves to cook for them.

 

 

 

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