Whether you’re a seasoned cyclist or just starting out, it’s important to know when to seek the help of a bicycle accident attorney. For many people, cycling is a way to enjoy the outdoors, get exercise, and clear their minds. However, accidents can happen—even to the most experienced cyclists. When you're involved in a bike accident that results in personal injury or damage to your bicycle, seeking the assistance of an attorney can be crucial in helping you navigate the legal process and obtain compensation for your losses. Don’t let a bike accident derail your life: knowing when to hire a bicycle accident attorney can help you get the compensation you deserve.
Bicycle accidents
Bicycle accidents can occur for a variety of reasons and can result in serious injuries or damage to your bike. While accidents with motor vehicles are common, collisions involving other cyclists or pedestrians are not far behind. If you’re involved in an accident while riding your bike, there are some key steps you need to take to protect yourself and gather important evidence that can support your case.
First and foremost, call 911 immediately and request medical assistance and police presence. Even if no one’s been seriously injured, it’s important to call the police for a police report. Without a police report, it can be difficult to establish fault or prove your case in court. While waiting for the authorities to arrive, take photos of the scene, including any damage to your bike and the surrounding area. If there are witnesses present, ask for their contact information and statements. If you’re injured, ask a witness to take a picture of the motorist’s license plate—just in case they leave the scene before the police arrive.
Even if it’s not your fault, it may feel natural to “apologize” after an accident. Keep in mind that giving in to this very human urge could cost you in the end: it’s important to not admit fault or apologize for the accident because it could be used against you.
When speaking with the police, make sure that you explain the details of the accident and how it happened. If you believe the other party was responsible for the accident, express this to the officer and ask them to assign blame and issue a citation to the at-fault party.
The aftermath of a bicycle accident can be confusing and overwhelming. It’s imperative that you are careful about what you say about the accident to others—especially the other party’s insurance company. Insurance adjusters will likely contact you for a personal statement or ask you to sign a release form, but it’s best to avoid speaking with them directly. As personable as the claims adjuster may seem, remember that it is their objective to settle your claim against their client for as little as possible. Instead, it’s better for an experienced bike accident attorney to handle all the communication with the insurance company. Having an attorney helps ensure that your rights are protected and that you receive fair compensation for your injuries and other losses.
Why do I need a bike accident attorney?
You can be certain that the other party’s insurance company will be soliciting the services of a lawyer. Not having competent legal counsel when the other party does will put you at a tremendous disadvantage. They’re specially trained to offer the legal expertise required to navigate the justice system so you don’t have to and can offer some much-needed peace of mind following such a traumatic experience.
Legal expertise
A bicycle accident attorney has the legal expertise and knowledge of bicycle-related and traffic laws within your state or country. They can help you understand the complex legal system and assist you through the various stages of the legal process. With their extensive experience in handling bike accident cases, they can provide you with legal strategies and advice that will help you obtain the best possible outcome of the case.
Investigation
A bicycle accident attorney can conduct a thorough investigation into your case to determine who was at fault for the accident. They can gather important evidence, such as video footage, witness statements, medical records, and police reports. By piecing together this importation information, they can build a strong case on your behalf and help you obtain a favorable outcome.
Negotiation
When it comes to negotiating with insurance companies, having an attorney on your side who specializes in bicycle law can be highly beneficial. Insurance companies will often attempt to settle bike damage cases based on “actual cash value,” which results in an undervalue of the cost of bike damages. A skilled bicycle accident attorney can effectively negotiate with insurance companies to ensure that you receive fair compensation for your injuries, medical bills and expenses, lost wages, and other damages.
Litigation
Going to court can be a daunting prospect, but having a knowledgeable attorney by your side can give you the guidance and confidence you need to pursue your case. If negotiations fail, your bicycle accident attorney can represent you in court and argue your case to a judge and jury. Their proficiency in bicycle law enables them to fight for your rights by presenting a strong case.
Peace of mind
Dealing with the aftermath of a bicycle accident can be a stressful and traumatic experience. It can be difficult to know where to turn or what to do next. Having experienced legal representation can provide you with the peace of mind you need to focus on your recovery. Your attorney will handle all aspects of your case, from the investigation to the negotiation or litigation, so that you can rest assured that your best interests are the priority.
When will I need to hire an attorney?
The best time to hire an attorney is as soon as possible after an accident. The sooner you find an attorney, the sooner they can get started on your case. If any witnesses need to be interviewed, it’s best to do it as quickly as possible, while the accident is still fresh in their memory. Look for someone who has a deep understanding of bicycle accidents and laws. You will need an attorney under the following circumstances:
- You have sustained major injuries from the crash or accident
- You have been named on a lawsuit by the other party
- Your insurance company wants you to reduce your compensation
- Your insurance company denies your claim
- You need to determine who is at fault for an accident
- You have questions regarding your claim or compensation
It is strongly recommended to hire an attorney if the other party involved in the accident has hired one. In this case, it’s important to have an attorney who can match the other party’s legal expertise and ensure that your rights are protected.
Keep in mind that there are statutes and limitations for filing a personal injury claim, which vary by state or country. Waiting too long to hire an attorney or file a claim may result in your case being dismissed or your potential compensation being significantly reduced.
Choosing the right bicycle accident attorney for you
While many accident attorneys may advertise that they handle bicycle accident cases, not all are equally qualified. Plenty may have fulfilled the professional qualifications but have never ridden a bike, making them poor choices as legal representatives because they can’t relate to the risks every cyclist experiences when riding in traffic. They also can’t understand how commonly bike riders encounter negligent drivers or how a motorist versus cyclist accident occurs. An attorney who rides, even if it isn’t as much as you do, knows how accidents happen far better than a regular personal injury attorney. A cyclist attorney is better equipped with the knowledge needed to represent a cyclist in a personal injury case. Whenever possible, find representation that understands your perspective, someone who’s likely witnessed different types of accidents, or may have been involved in or avoided a similar accident. A decent attorney will be open and honest when evaluating your case and guiding you through the process, even if that means telling you that they don’t think they’re suited for the job.
Bicycle insurance
No one expects to be involved in an accident, so when they happen, most find themselves unsure of where to even begin. Having bike insurance can prove to be a lifesaver because it can provide coverage for medical expenses, bicycle repair and replacement costs, liability coverage, and even legal fees associated with an accident. It can help you avoid significant financial loss—especially because most personal insurance policies do not cover property damage incurred while cycling.
Because the folks at Velosurance are riders, they understand how important a bike is to its owner, and the risks cyclists expose themselves to every time they ride, the policy is designed to meet the unique needs of cyclists. Having specialized bicycle insurance can give you peace that should the unexpected happen, you would be protected.
A bicycle insurance policy from Velosurance is “declared value” which means it does not depreciate the value of the bike. The policy can be customized with various coverages, including liability protection, which acts as a legal defense fund if you’re ever named in a lawsuit. Medical gap and vehicle contact coverages are also available. Racing coverage is a must for those who ride competitively, even just on weekends. Finally, those with wanderlust can extend the coverage to anywhere in the world with the optional Worldwide Coverage. See how Velosurance compares to other options.
The takeway
If you ever find yourself involved in an accident while riding your bike, remember:
- Dial 911
- Gather evidence at the scene
- Obtain the police report that indicates who is at-fault for the incident
- Do not discuss the case with anyone—especially the opposing party’s insurance company
- Hire an attorney who is also a cyclist
- Rely 100% on your attorney
- Concentrate on healing