Legal Advice for Cyclists After an Accident
Every day, a cyclist leaves their house, and they are faced with various risks on the roads. When you are riding alongside cars and trucks, accidents can happen at any time. When they do, knowing your legal rights is just as important as knowing how to ride safely.
If you have been in a bicycle accident, this guide will provide legal advice to help you protect yourself and your right to fair compensation. However, this article provides general legal advice. For better insights that suit your specific situation, it is best to talk to a bicycle accident lawyer.
Stay at the Scene
After an accident, your instinct might be to walk it off and head home. Don’t do this unless you need immediate medical help. Otherwise, stay at the scene. Leaving could be interpreted as fleeing, and it may affect your ability to make a legal claim.
Move to a safer location next to the scene and check yourself for injuries. Even if you feel okay, it is wise to get checked by a doctor as soon as possible after the accident. Having medical records will strengthen your case.
Call the Police and Get an Official Report
Always call the police, even if an accident seems minor. Ask the responding officer to write a report, which is a crucial piece of evidence. It provides an official record of what happened and may help establish fault. When writing the report, ensure it is not one-sided, as this could also hurt your claim.
Don’t Admit Fault or Make Assumptions
As humans, it is partly in our nature to want to apologize even if the accident was not your fault. However, avoid saying anything that could be interpreted as admitting guilt. When speaking to the responding officer, the other driver, or any witnesses, stick to the facts.
This means only talking about what happened, where and when. Let the police and insurers figure out who is responsible. The words you say at the scene can be used against you later, especially by insurance companies.
Collect Evidence While You Can
If you are able, take pictures of the scene. These include:
- Your bicycle
- The car or other vehicle
- Road signs
- Skid marks
- Surrounding area
- Your injuries
Also, get the contact information of the driver and any witnesses. Keep your damaged bike, helmet, or any clothing. These can be used as physical evidence in your legal claim.
Be Careful With Insurance Companies
If you have any form of insurance, inform the company about your accident. However, be very cautious when the other driver’s insurance gets in touch. Do not agree to give a recorded statement or sign anything without consulting an attorney.
Insurance adjusters are trained to minimize payouts. A quick settlement offer might seem tempting and a nice idea. But, often, it is much less than what you may be entitled to, especially if you haven’t finished treating your injuries.
Talk to a Lawyer Before Making Major Decisions
If you were injured in a bicycle accident, regardless of how minor the injuries were, it is best to speak to an attorney. A bicycle accident lawyer can help you determine if you have a strong case, gather enough evidence, and negotiate with insurance companies on your behalf.
They can also calculate what your case might be worth. They will cover everything from medical bills to lost wages, pain and suffering, and future treatment. Since bicycle accident claims have a time limit called the statute of limitations, do not wait too long before consulting an attorney or filing a claim.
Conclusion
After a bicycle accident, staying calm, documenting what happened, and getting legal help early enough can protect your rights and improve your chances of getting fair compensation. The law is there to protect you, but you may need someone who knows it well to make it work in your favor.
