What Do I Do After a Bike Accident?
Navigating Life After a Bike Accident
From Collision to Clarity
If you’ve just been in a bicycle accident, the moments after can be chaotic and overwhelming. You might be hurt, shaken, or confused about what to do next. This guide will walk you through the steps to take immediately after a bicycle accident to ensure your health and safety are prioritized, as well as how to protect your legal rights in the days and weeks that follow.
Step 1: Prioritize Your Safety
In the immediate aftermath of a bicycle accident, your safety is the top priority. If you’re able to, move out of harm’s way. Getting yourself and your bike off the road or away from traffic can help prevent further injury. If you’re seriously injured or unable to move, try to stay still and wait for help.
Even if you feel okay, take a few moments to assess your body. Adrenaline can mask pain, and it’s common for injuries to become apparent hours or even days after the accident.
Step 2: Call 911
As soon as possible, call 911 to report the accident. Even if the accident seems minor, having an official record of the incident is crucial if you need to file an insurance claim or a lawsuit later on. The police will document what happened, gather information from everyone involved, and create a report.
Make sure you share your side of the story with the police, even if you don’t think you’re hurt or if the accident seems straightforward. This report can serve as an important piece of evidence later.
If you or someone else needs immediate medical attention, request an ambulance. Don’t try to tough it out if you’re injured—your health is far more important than anything else at this point.
Step 3: Gather Evidence at the Scene
If you’re able to, start collecting evidence at the accident scene. This can make a huge difference in your ability to seek compensation later. Even if you feel shaken, try to gather as much information as possible. Some things to document include:
The driver’s information: If a car was involved in your accident, get the driver’s name, contact information, driver’s license number, insurance details, and the vehicle’s make, model, and license plate number.
Photos: Take pictures of everything—your bike, the car, your injuries, and the surrounding area. Make sure to capture any road conditions, traffic signs, or obstacles that might have contributed to the accident.
Witnesses: If anyone saw the accident, ask for their contact information. Witness statements can be critical in supporting your case if you need to file a claim.
Police officers’ details: Get the name and badge number of the responding officers, as well as the police report number. This will make it easier to get a copy of the report later.
Remember, your phone is your best friend in situations like this—use it to take pictures, record conversations (if legally allowed in your area), and make notes about what happened while it’s still fresh in your memory.
Step 4: Get Medical Attention
Even if you think your injuries are minor or that you’re okay, it’s essential to see a doctor as soon as possible after a bicycle accident. Some injuries, like concussions or internal injuries, might not show symptoms right away but can be very serious.
Getting medical attention not only ensures your health and well-being but also creates a record of your injuries. If you end up filing a claim or lawsuit later, having medical documentation will be important to proving that the accident caused your injuries.
When you visit the doctor, be honest about what happened and how you’re feeling. Let them know if you have any pain, dizziness, or discomfort, no matter how small it seems. It’s better to be overly cautious than to miss something that could worsen later.
Step 5: Preserve Your Evidence
After the accident, hold onto all the evidence you’ve gathered. This includes medical records, photos, police reports, witness information, and anything else related to the accident. If your bike was damaged, don’t repair it right away—take pictures and document the damage before getting any work done.
Your clothing and gear can also be critical evidence. If your helmet was cracked or your clothing ripped, keep these items as they could help demonstrate the severity of the crash.
Additionally, start a journal about how you’re feeling in the days and weeks following the accident. Note any pain, discomfort, or limitations caused by your injuries. This can help show the full impact the accident has had on your life.
Step 6: Report the Accident to Your Insurance (and Possibly Theirs)
After the accident, you’ll need to report it to your insurance company—even if the driver of a car was at fault. If you have insurance that covers bicycle accidents (often part of your car insurance or homeowners/renters insurance), notify your insurer promptly.
If the accident involved a car, you should also report the incident to the driver’s insurance company. Be careful with what you say—stick to the facts, and don’t admit fault or downplay your injuries. Insurance companies may try to use your statements against you to minimize payouts.
When dealing with insurance companies after a bicycle accident, remember that their goal is to settle claims as quickly and for as little money as possible. You might receive an early settlement offer that seems appealing, especially if you’re dealing with medical bills and lost wages. However, accepting a quick offer may not cover the full extent of your injuries and long-term expenses.
Before accepting any settlement, it’s wise to consult with an attorney who can review the offer and help determine whether it’s fair. Once you accept a settlement, you generally can’t go back and ask for more money later if you discover additional injuries or expenses.
You should be cautious even when talking to your own insurance company after a bicycle accident because, while they may seem supportive, their goal is to minimize payouts. Insurance adjusters often ask questions designed to get you to admit fault or downplay your injuries, which can reduce the compensation you're entitled to. Even a seemingly innocent comment like “I feel okay” can be used against you later, especially if injuries worsen or new symptoms appear. It’s important to stick to the facts, avoid speculation, and, if possible, consult an attorney before making any statements to protect your rights and ensure you receive fair compensation.
Step 7: Contact a Bicycle Accident Attorney
If you’ve been injured in a bicycle accident, you may be entitled to compensation for your medical bills, lost wages, and even pain and suffering. However, dealing with insurance companies and legal paperwork can be complicated, especially while you’re recovering from injuries.
This is where a bicycle accident attorney comes in. A knowledgeable attorney can review your case, handle communications with insurance companies, and guide you through the legal process. They’ll also help make sure you get the full compensation you’re entitled to—not just the minimum amount an insurance company might offer.
Many bicycle accident attorneys offer free consultations, so it doesn’t hurt to speak with one, or several, to get insight into your situation. They can help you understand your rights and what steps to take next.
Step 8: Know Your Rights and Possible Compensation
If the accident wasn’t your fault, you have the right to pursue compensation for your injuries and damages. Even if you were at fault, California follows a “comparative negligence” rule, which means you may still be able to recover compensation, although it might be reduced by your percentage of fault.
The types of compensation you can seek include:
Medical Expenses: This includes hospital visits, surgeries, medications, physical therapy, and any ongoing medical care related to the accident.
Lost Wages: If your injuries prevent you from working, you can recover the wages you lost during your recovery. This can also include future lost earnings if you’re unable to return to work in the same capacity.
Pain and Suffering: This covers the physical pain and emotional distress caused by the accident.
Property Damage: You can seek compensation for the damage to your bike, helmet, and other personal belongings.
If your case involves a hit-and-run driver or an uninsured driver, you may still be able to seek compensation through your own insurance policy, such as uninsured/underinsured motorist coverage.
Step 9: Focus on Recovery
Recovering from a bicycle accident can be physically and emotionally exhausting. Don’t rush your recovery—give yourself time to heal properly. Follow your doctor’s advice and don’t push yourself to get back to normal too quickly.
Physical therapy and rehabilitation might be necessary, and it's important to keep up with any prescribed treatments. In some cases, you might not fully recover for months or even years. If that’s the case, keep detailed records of your medical treatments and how the accident continues to affect your life.
You may also experience emotional distress after a bicycle accident, such as anxiety or fear of getting back on the road. It’s important to address these feelings and seek help from a counselor or therapist if needed. Your mental health is just as important as your physical recovery.
Step 10: Know That You’re Not Alone
Bicycle accidents are more common than many people realize, especially in areas with heavy traffic or limited biking infrastructure. If you’ve been in an accident, it’s important to remember that you’re not alone. There are resources, support groups, and advocates who can help you through the legal process and recovery.
Organizations like local cycling advocacy groups, legal clinics, and online forums can provide support and guidance as you navigate the aftermath of an accident. We provide free consultations to injured bicyclists. We take bike accident cases on a contingency fee. We offer discounts to California Bicycle Coalition members and people who support MOVE Santa Barbara County, Bike SLO County, Bicycle Monterey, and Bike Santa Cruz County. Don’t hesitate to reach out for help—you deserve to have people in your corner.
In Summary…
If you can:
Get Safe
Call 911
Gather Evidence
Seek Medical
Preserve Evidence
Talk to Insurance (Be Careful)
Talk to a Lawyer
Know Your Rights
Get Better
Know You’re Not Alone.
Conclusion: Take Charge of Your Rights
Being in a bicycle accident is a traumatic experience, but knowing what steps to take afterward can empower you to protect your health and your rights. By staying calm, collecting evidence, seeking medical attention, and understanding your legal options, you’ll be in a better position to recover physically and financially.
Remember, you have rights after a bicycle accident, and you don’t have to go through the process alone. Whether you decide to pursue a claim with an insurance company or take legal action, having the right information and support can make all the difference in your recovery journey. Take care of yourself, prioritize your health, and don’t be afraid to ask for help when you need it. We’re here for you.