What to Do After a Bicycle Accident - Diamond and Diamond Lawyers

What to Do After a Bicycle Accident

Bicycling offers a variety of benefits as it is a wonderful workout that keeps you active. It can help shape a healthy lifestyle, both physically and mentally. Despite your best efforts, however, accidents can still happen that can lead to injuries such as brain injuries, soft tissue injuries, spinal injuries, long term disability, and others.  

Whenever you are riding a bicycle and are involved in an accident, what you do at the scene and immediately afterwards is very important, especially when a car or truck is at fault. In many cases, people are simply not aware of the correct process to follow.  

So here are some few tips on what  you should do if you’ve been involved in a cycling accident, including what to do to report a cycling accident, how to look after yourself, and how to collect evidence.

Report The Bicycle Accident and Wait for the Police to Arrive

The first thing you should do following a bicycle accident is to move out  of harm’s way, out of traffic, and away from further danger. Following a safe situation or place, here are some points to remember:  

  • Remain calm and assess your injuries. 
  • This is the time where you call the police or authority if needed and wait for emergency services to arrive. Some injuries can be treated on site while others require an emergency room visit.
  • Even if you think you are not injured, you should wait for the police to arrive at the accident scene so that they can take and file a police report. A police report is one of the most useful documents an accident lawyer can have when prosecuting your claim. 
  • When the police arrive, make sure you tell the investigating officer exactly what happened, to the best of your ability. For best results, having your side of the story taken down on the police report is key. Often, your first statements are held in the highest regard, as small facts and details will be forgotten down the road. 
  • Further, police serve as a valuable mediator between yourself and the other party involved. Unless you are receiving necessary medical attention, you should wait for the police to arrive on the site.

Complete the Bicycle Accident Report with Your Version of Events

During a road accident, it is possible that the police officer will take a statement from the motorist and not bother to talk to the cyclist. Do everything you can to get your side of the story into the police report. Make sure to provide the accurate information as much as possible. If you do not know certain facts, tell that to the officer. Do not speculate, guess or misstate any of the facts. 

If you are asked if you are injured and you are not sure, say you are not sure, rather than no. Often, the pain and injuries from motor vehicle accidents become apparent hours after the actual collision. You should also make sure statements made by other persons involved in the accident are accurate as well. You should report any and all injuries, regardless of how minor they may seem. Remember, those minor injuries may later become more serious.

As mentioned, if you file a lawsuit in the future, your police report and statement will be the most useful documents. The best results are achieved by having your side of the story recorded in the police report. Usually your first statements are viewed as the most important, as tiny details are forgotten later on. 

Obtain Driver and Witness Contact Information      

Typically, the investigating police officer obtains this information. However, if the police do not respond to the accident, you should obtain the following details from the persons involved in the accident, drivers and passengers alike:

  • Get the license plate number of the motor vehicle involved.  
  • Get the driver’s address and contact information.
  • Get the driver’s insurance information.
  • Get witnesses contact information 

Furthermore, you should also obtain information about insurance by asking to see the insurance card for all vehicles involved in the accident. If there are witnesses, you should get information from them as well so that you or your lawyer can contact them in the future. You should also encourage them to speak with the appropriate authorities. If possible, write down what you remember leading up to and during the event.

If you’ve been involved in a bicycle  accident, it’s best to know how to look after yourself and how you can follow up on any damages or claims. Contact the personal injury lawyers at Diamond and Diamond.”

Document the Bicycle Accident and Injuries

As much as you can, make mental notes about the accident.  You can write down what happened, how it happened, where it occurred, when it occurred, the road, traffic, and weather conditions. You should take pictures of your bicycle if there is visible damage. If you have visible injuries, you should photograph them as well.       

Further, you can start a journal of your physical symptoms and make entries every few days. You should keep track of the following details:

  • All medical treatment
  • Medical certificates
  • Emergency care
  • Ambulance transport
  • Subsequent hospitalization
  • Rehabilitation or medication
  • Physical and mental suffering

Seek Advice from a Bicycle Accident Lawyer in Toronto     

Bicycle accidents involving cars often involve complex legal issues. Perhaps the most important thing you should do after an accident is to consult your lawyer. Your personal injury lawyer can protect your rights and make sure valuable evidence is not destroyed. Often, insurance companies want to take statements immediately after an accident. It is important that you have received legal advice before providing such a statement.         

Your lawyer can advise you on issues ranging from how to make sure you are fully compensated for your vehicle to how to make sure you are getting the best medical treatment available. Personal injury attorneys work on a contingency fee basis, which means there is no legal fee unless the attorney recovers compensation for your injuries.

To learn more about your potential claim if you’ve been in a bicycle accident, contact Diamond and Diamond today at 1-800-567-HURT!

pro tip icon

Pro Tip

If you suffer an injury in a bicycle accident that was thought to be the result of someone’s negligence, collect evidence as soon as possible. The more evidence you can gather right away, the more things you have to go on to build a strong case.

What to Do After a Bicycle Accident FAQs:

What are the most common causes of bicycle accidents?

Cyclist accidents are often caused by lack of road awareness, not being able to judge the cyclist’s speed or distance, drivers not being able to see cyclists properly, as well as general negligence.

Is a bicycle considered a car or a pedestrian?

Under Ontario’s Highway Traffic Act (HTA), a bicycle is considered a vehicle. So just like a car or truck, cyclists are expected to behave like a car and must obey all traffic laws.

How soon should I call insurance after a bicycle accident?

If you’re involved in a bicycle accident, you must tell your insurance company as soon as possible. Most insurers specify that you must inform them within 24 hours of the incident. However, it’s best to call your personal injury lawyer first as it is important that you have received legal advice before providing such a statement. 

How to calculate bicycle accident compensation?

Payouts for a bicycle accident compensation depend on several factors, including:

  • Damages caused to property
  • Changes in physical and mental ability
  • The severity of your injury
  • Medical expenses, including future treatments
  • The severity of the pain and suffering caused by the accident
  • Wages lost as a result of the accident

What should I do if I am injured in a bicycle accident at night?

After the incident, you must call the police and an ambulance. Wait for the police and file an official report. This can be helpful if you’re taking legal action since a police report can provide documentation regarding the incident. It’s also recommended to leave your bike in the same state it was after the accident. If you’re injured, immediately seek medical attention. Remember to take photos of your injuries and your bicycle. Consult an attorney first before talking to a representative of insurance companies.

How to avoid bicycle accidents?

Make sure to use a helmet and a bike appropriate for your size. Check that your bike’s brake and reflectors are working properly. Just like other motorists, bike riders must also follow traffic laws. Stop at red lights and ride with the flow of traffic. When you’re on a bike, choose to drive in residential areas rather than congested highways. Remember to wear bright clothing especially during the night to make yourself more visible to other motorists.

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