ESPANOL
Anyone who regularly rides their bike on the road has probably worried about getting hit by a car. If you were hit by a car on your bike, you can sue. But there are other options for pursuing fair compensation. Suing may not be necessary. After all, it may take longer for you to get compensated if you go to court.
Settling out of court is usually the quickest way to obtain damages. If you team up with a lawyer, they can examine your situation and inform you of what course of action makes the most sense.
What to Do After a Bicycle Accident
What you do after an accident can affect your insurance claim, lawsuit, and health.
Seek Medical Attention
The first step after any accident should always be to seek medical help, even if you only feel a little pain or feel fine. Injuries like spinal cord trauma or traumatic brain injury may not be evident after the accident.
A medical professional will know if anything is seriously wrong. Be sure to get checked either at the scene by paramedics, at the hospital by an emergency doctor, or by your general practitioner within the next two hours. It is wise to check in with your doctor every few months, too, to ensure no injuries are developing.
Report Your Accident
The second step you should take is reporting the accident to law enforcement and getting a copy of the police report. This is to ensure there is an official record to support your insurance claim. It also helps you and the other driver clarify what happened.
There may be mistakes that you or a lawyer can correct to protect you from being wrongly held liable.
Gather Documentation of the Accident
Remember to get copies of all documents involved in the process. Take photographs of the scene, your injuries, the damage to your bicycle, and the car that hit you. You should also add any medical bills, records, or imaging scan results. These documents will help you support both your insurance claim and your lawsuit, should you choose to sue.
They are also good for your private record of events. Another crucial thing to remember is to get the other driver’s contact information, vehicle make and model, and any additional relevant information.
Stay off Social Media
Avoid the urge to post about your accident on social media in the days and months after it. If the other driver is at fault, they and their attorney may look for any information to discredit your injuries or trauma.
For example, if you claim that you were injured badly and your mobility suffered, yet you post pictures of yourself being active, your claim may suffer. If you need to inform family and friends not to post pictures of you, do it personally and factually.
After your case is settled, you can then talk about it on your social media channels if you did not sign an NDA as part of the settlement.
Can a Cyclist Be at Fault?
While rare, a cyclist can be totally or partially at fault for an accident. A clear example of when a cyclist is at fault is when they don’t wear any reflective clothing at night and get into an accident.
Another example is when a cyclist rides across the road while the traffic lights are green. If they get injured, they can be held responsible for the accident.
These are both cases where it may be hard for a cyclist to file a claim against the driver or sue. Nevertheless, you should always bring your bike accident case to an attorney to determine if you have a viable case or not. One of our attorneys can assess your case and inform you of your options.
Why You May Need to File a Lawsuit
If you are not at fault for the accident, you should not have to bear the costs of medical treatment, property damage, and more. A lawsuit is a legal way to make the responsible party pay for your damages and inconveniences caused by their reckless driving. However, it may only be necessary to file a lawsuit if settlement negotiations with an insurer are unsuccessful.
You would expect an insurance company to pay your damages and close your case in a timely manner. However, they may senselessly stall your claim or pay you less than you deserve. A lawyer steps in at this point and negotiates for a fair settlement. If an insurance adjuster refuses to pay what you’re entitled to, a lawyer will litigate the case.
Our lawyers aren’t intimidated by insurance companies. We will file a lawsuit against the at-fault party if it means getting you sufficiently compensated.
Damages You May Recover After a Bicycle Accident
After a bicycle accident involving a car, you may receive compensation for several damages, including:
- Medical expenses, including emergency care, X-Rays, surgery, physical therapy, checkups, and medications
- Income lost during recovery
- Emotional and mental trauma
- Physical pain and suffering caused by the accident
- Reduced earning capacity due to injury
- Damage to the bicycle and replacement of parts
George Sink, P.A. Injury Lawyers Can Help You
Getting hit by a car while riding your bike is a harrowing experience. It is an experience that can take a lot from you. The right lawyer can help you get the appropriate compensation when you are not at fault or only hold partial fault. George Sink, P.A. Injury Lawyers is familiar with personal injury cases. We aim to protect your rights and ensure you get rightfully compensated.
Our lawyers have over forty years of experience advocating for injury victims. We have successfully handled thousands of injury lawsuits and recovered millions in damages. Contact us and let us help you with your bicycle accident case. Call (888) 612-7001 for a free consultation with a team member.