Experiencing a bicycle accident is frightening, and you could sustain serious injuries after being hit by a car. Although you can do your best to avoid car and bicycle collisions, the truth is that these incidents are fairly common. In 2023, 341,774 cyclists sought emergency medical care for injuries they experienced in an accident. Knowing your rights during and after a bicycle accident helps you plan for the best possible recovery while managing your financial and medical needs.
Understand Your Legal Rights on Public Roads
Laws regarding cyclists can vary among states, but you typically have similar rights as drivers on public roads. While you have the right to safely cycle, you have a shared responsibility to do your due diligence to avoid accidents. Familiarize yourself with local cycling laws. Many states, including California, have cycling laws requiring you to ride in designated bikes lanes when available, follow all traffic signs and signals, and avoid riding when under the influence of drugs and alcohol. If you experience an accident, then you also have the same rights as drivers to file legal claims and submit information about the accident to insurance companies.
Make Sure to Collect Essential Information
To file a claim, you’ll need information about the other parties that are involved. If possible, get as much information at the scene as you can. For instance, you’ll want to trade names and phone numbers with the other people in the accident. You’ll also want to get their insurance information and any details from potential witnesses. If you are unable to gather information due to a need for emergency medical treatment, then you should also have the right to get it from police reports and other sources.
Seek Medical Care for Your Injuries
Bicycle accidents can quickly turn serious. Head injuries, broken limbs and other severe injuries require prompt treatment. Even if you suspect that you only sustained a few scrapes and bruises, it is still worth going to the doctor to check for more serious injuries. If you are determined not to be at fault for the accident, then you have the right to seek compensation for your health care expenses.
Avoid Admitting Fault or Settling Too Soon
The events leading up to an accident can be confusing, and some people’s default response is to apologize. However, you might not be at fault for an accident and saying that you could jeopardize your case. You’ll also want to uphold your right to compensation by avoiding accepting cash offers at the scene. For instance, a driver might offer to pay for the cost of your damaged bike or transportation to the hospital. Avoiding accepting these types of offers helps you ensure that your right to fair compensation is upheld later.
The same is also true of insurance company settlements. Although the pressure may be on to pay medical bills, working with a lawyer is best to avoid taking a low-ball settlement offer that doesn’t cover your needs.
Be Prepared to Consult with an Attorney
Bicycle accident attorneys can help make sure that all of your rights are upheld. For instance, there could be third parties involved with the case. Bicycle manufacturers are legally required to follow federal safety regulations. If they fail to do so and you experience an accident, then they could be at fault.
Both cyclists and car drivers have a duty to follow all applicable laws and watch out for each other on public roads. Yet, you could still find yourself dealing with an injury due to someone’s distracted driving or other forms of negligence. Making sure that your rights are upheld is easier when you know them or can ask a trusted attorney. When in doubt, avoid making rash decisions while you figure out your best possible option for moving forward with a bicycle accident claim.