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Traffic accident. Bicycle and helmet on the road after a car hit a cyclist

Bicycle Accidents: What to Do If You’re Hit While Cycling

Cycling is a fantastic way to stay fit, commute, and enjoy the outdoors. However, despite the best safety precautions, accidents involving bicycles and motor vehicles are an unfortunate reality. The moments immediately following a collision can be disorienting and stressful, but knowing what to do can significantly impact your health, safety, and any potential bicycle accident claims.

If you’ve been hit while cycling, your immediate actions are critical. This guide will walk you through the essential steps to take to protect yourself and preserve your legal rights.

1. Prioritize Your Safety and Seek Medical Attention

Your well-being is paramount. Even if you feel fine, adrenaline can mask pain and serious injuries.

  • Move to a Safe Location: If you are able, move yourself and your bicycle out of the flow of traffic to prevent further accidents.
  • Check for Injuries: Assess yourself for any injuries. Don’t push through pain.
  • Call 911 (or Have Someone Call): Regardless of how minor the collision seems, call 911 immediately. Emergency services can assess injuries, and the police can create an official accident report, which is vital for any future bicycle accident claims. If you are unable to make the call, ask a bystander for help.
  • Do Not Refuse Medical Care: Even if paramedics offer basic care and you feel okay, it’s wise to accept their assessment. Some injuries, like concussions or internal bleeding, may not be immediately apparent. Follow up with a doctor as soon as possible, ideally within 24-48 hours, even if you initially decline ambulance transport. Medical documentation is crucial.

2. Document the Scene Thoroughly

The more information you gather at the accident scene, the stronger your bicycle accident claims will be.

  • Take Photos and Videos:
    • The Accident Scene: Capture the position of all vehicles involved (car, bicycle), road conditions, traffic signs, skid marks, debris, and any obstructions.
    • Vehicle Damage: Photograph damage to your bicycle and the motor vehicle, including license plates.
    • Your Injuries: Document any visible injuries, scrapes, bruises, or torn clothing.
    • Surrounding Area: Take pictures of landmarks, street names, and traffic signals to help pinpoint the exact location.
  • Gather Driver Information:
    • Driver’s name, address, phone number.
    • Driver’s license number.
    • Vehicle make, model, year, and license plate number.
    • Insurance company and policy number.
    • Do not rely solely on the police report for this information; try to get it yourself if you are able.
  • Obtain Witness Information:
    • Ask anyone who saw the accident for their name, phone number, and email address. Independent witnesses can provide unbiased accounts that are invaluable.
    • If they are willing, ask them for a brief statement of what they saw.
  • Note Down Details: While fresh in your mind, jot down everything you remember:
    • Date, time, and exact location of the accident.
    • Weather conditions (rain, sun glare, etc.).
    • Road conditions (potholes, gravel, wet).
    • How the accident occurred from your perspective.
    • The driver’s demeanor and any statements they made.

3. Report the Accident to the Police

Even if you called 911, ensure a police report is filed. This official document provides an objective account of the incident and includes critical details gathered by law enforcement.

  • Wait for Law Enforcement: Do not leave the scene until the police arrive and complete their investigation.
  • Provide Your Statement: Clearly and calmly explain what happened to the police officer. Be factual and avoid speculation or admitting fault.
  • Obtain the Report Number: Ask for the police report number and the officer’s name and badge number so you can obtain a copy later.

4. Notify Your Insurance Company

Contact your own insurance company as soon as possible to report the accident, even if you believe the other driver is at fault. Review your policy to understand your coverage, especially uninsured/underinsured motorist coverage, which can be crucial in bicycle accidents. Be concise and factual, sticking to what you know. Avoid making detailed statements about fault until you have consulted with an attorney.

5. Document Your Injuries and Recovery

Maintaining detailed records of your medical treatment and recovery process is vital for any bicycle accident claims.

  • Keep All Medical Records: This includes hospital visits, doctor appointments, therapy sessions, prescriptions, and any medical bills.
  • Maintain a Pain Journal: Document your daily pain levels, limitations, treatments, and how your injuries affect your daily life. This helps track your recovery and quantify your suffering.
  • Track Lost Wages: Keep records of any time missed from work due to your injuries and related appointments. This includes pay stubs, employer letters, or tax documents demonstrating your lost income.
  • Keep Receipts for Related Expenses: This includes transportation costs to medical appointments, over-the-counter medications, or any modifications you’ve had to make to your home or routine due to your injuries.

6. Do Not Discuss the Accident or Sign Anything

Be very cautious about discussing the accident with anyone other than the police, your doctors, and your attorney.

  • Avoid Social Media: Do not post about the accident or your injuries on social media. Insurance companies may monitor your online activity and use anything you post against your claim.
  • Do Not Talk to the Other Driver’s Insurance Company: You are not obligated to speak with the at-fault driver’s insurance adjuster. They are not on your side; their goal is to minimize their payout. Refer them to your attorney.
  • Do Not Sign Any Documents: Never sign anything without first consulting with a legal professional. This includes medical releases or settlement offers. You could unknowingly waive your rights or accept a settlement that is far less than what your claim is truly worth.

7. Consult with an Experienced Personal Injury Attorney

This is perhaps the most crucial step after a bicycle accident. An attorney specializing in personal injury law can guide you through the complex legal process and protect your rights.

  • Understanding Your Rights: A knowledgeable attorney can explain your legal options and what type of compensation you may be entitled to, including medical expenses, lost wages, pain and suffering, and damage to your bicycle.
  • Investigating the Accident: Your attorney can conduct a thorough investigation, gathering additional evidence, interviewing witnesses, and recreating the accident scene if necessary.
  • Dealing with Insurance Companies: Lawyers are experienced in negotiating with aggressive insurance adjusters and know how to counter their tactics. They will handle all communication, ensuring you don’t inadvertently jeopardize your claim.
  • Navigating Legal Procedures: From filing paperwork to meeting deadlines, personal injury claims involve numerous legal complexities. An attorney will ensure all procedures are followed correctly.
  • Maximizing Your Compensation: Their expertise helps ensure you receive fair compensation for all your losses, not just the immediate ones.

At Facchini & Facchini, P.C., we understand the devastating impact a bicycle accident can have on your life. We offer dedicated and aggressive legal representation to injured cyclists in Springfield, MA, and throughout Western MA. Our experienced team is ready to help you navigate the complexities of bicycle accident claims and fight for the justice and compensation you deserve.

We offer free initial consultations to discuss your case and provide guidance without any obligation. Don’t face the aftermath of a bicycle accident alone. Contact us today to learn how we can help protect your rights and help you move forward.