Bicycle Accident Lawyer: What to Do After a Driver Hits You

Cycling is an efficient, eco-friendly, and healthy way to get around, but sharing the road with multi-ton vehicles carries inherent risks. When metal meets flesh and bone, the cyclist always loses. The moments immediately following a collision are often a blur of pain, confusion, and adrenaline. You might be disoriented on the pavement while a driver tries to apologize or, worse, blame you for being in their way.

Knowing what steps to take in these critical moments can make the difference between a denied insurance claim and a settlement that covers your medical bills and recovery. Whether you are a daily commuter or a weekend warrior, understanding your rights is essential. This guide outlines exactly what to do after a crash and explains when it is time to bring in a specialized bicycle accident lawyer.

1. Prioritize Your Health and Safety Immediately

Your physical well-being is the absolute priority. If you are struck by a vehicle, do not try to “shake it off.” Adrenaline is a powerful hormone that can mask broken bones, internal bleeding, and soft tissue injuries for hours.

• Move to Safety: If you can move without causing further injury, get out of the flow of traffic. However, leave your bike where it is if possible, as it serves as evidence of the crash point.
• Call 911: Always call the police, even if the driver insists they will pay for the damage out of pocket. You need an official police report to file a valid bicycle accident claim. Without one, it becomes your word against theirs.
• Accept Medical Help: If paramedics arrive, let them examine you. If they recommend transport to the hospital, go. If you don’t go immediately, visit an urgent care or your primary doctor within 24 hours.

2. Gather Evidence at the Scene

If you are physically able, you need to act as your own investigator. Drivers often change their stories once the police arrive or after they speak to their insurance company. Collecting objective evidence prevents them from rewriting history.

• Photos and Video: Take pictures of the vehicle (including license plate), your damaged bicycle, road conditions, skid marks, and traffic signs. Photograph your injuries immediately.
• Witness Information: Pedestrians or other drivers who saw the crash are invaluable. Get their names and phone numbers before they leave. Their impartial testimony can be the key for your bike crash attorney to prove liability.
• Driver Details: Exchange insurance and license information. Do not engage in an argument. Do not apologize or say, “I’m okay.” These statements can be used against you later to devalue your claim.

3. Understand Your Rights as a Cyclist

In most jurisdictions, cyclists have the same rights and responsibilities as motor vehicle drivers. You are entitled to use the lane, and drivers are required to exercise a duty of care to avoid hitting you.

However, a bias often exists against cyclists. Police officers who are not cyclists themselves may default to blaming the rider for “swerving” or “being hard to see.” According to the National Highway Traffic Safety Administration (NHTSA), cyclist fatalities have been on the rise, highlighting the need for vigilance and legal protection.

Understanding common accident scenarios helps you defend your rights:

• The Right Hook: A driver passes you and turns right immediately in front of you.
• The Left Cross: A driver turns left at an intersection, failing to yield to your right of way.
• Dooring: A parked driver opens their door into your path.

In all these scenarios, the driver is typically at fault, but proving it requires legal expertise.

4. Be Wary of Insurance Adjusters

Shortly after the accident, the driver’s insurance company will likely contact you. They may sound friendly and concerned, but remember: they are not on your side. Their goal is to settle your claim for the lowest possible amount.

• Do Not Give a Recorded Statement: You are not legally obligated to give a recorded statement to the other driver’s insurance company. They are trained to ask leading questions that can trap you into admitting fault.
• Do Not Accept the First Offer: Initial settlement offers rarely cover the full extent of your damages, especially if you have long-term injuries. Once you sign a release, you cannot ask for more money later.

Before speaking to any insurance representative, it is wise to consult with a cyclist injury lawyer who can handle these communications for you.

5. When to Hire a Bicycle Accident Lawyer

You might handle a minor scrape or a bent wheel rim on your own. But if you have suffered significant injuries, hiring a professional is crucial. A specialized bicycle accident lawyer understands the unique dynamics of bike crashes that general personal injury attorneys might miss.

You should hire an attorney if:

• You suffered severe injuries: Broken bones, head trauma, or road rash requiring surgery.
• Liability is disputed: The driver claims you were at fault.
• It was a hit-and-run: You need help navigating your own uninsured motorist coverage.
• The insurance company is delaying or denying your claim.

Recent data from the CDC shows that the costs associated with bicycle injuries and fatalities exceed $23 billion annually in the U.S. This figure includes medical costs and lost work productivity. An attorney ensures that these “hidden” costs—like future rehabilitation or diminished earning capacity—are included in your settlement.

6. What a Bicycle Accident Claim Covers

A comprehensive claim goes beyond paying for a new bike. Your attorney will fight to recover damages for:

• Medical Expenses: Emergency room visits, surgeries, physical therapy, and future medical needs.
• Lost Wages: Income lost while you recover, plus compensation if you can no longer perform your job duties.
• Pain and Suffering: Compensation for the physical pain and emotional trauma of the crash.
• Property Damage: Replacement of your bicycle and expensive gear like helmets, lights, and kits.

Conclusion

Getting hit by a car is a traumatic experience that can upend your life. While you focus on healing, the legal system and insurance companies move forward, often leaving unprepared victims behind. You do not have to navigate this complex process alone.

By taking the right steps at the scene and partnering with a skilled bike crash attorney, you protect your rights and ensure you receive the compensation you deserve. If you’ve been injured, reach out to a legal professional today to discuss your case.

---