Dazed and confused: What to do if you get hit by a car while on your bike
By Katie Heath
Published: May 22nd, 2008 | 3:50pm
Bust out your old Schwinn cruiser and you’ll find that riding a bike is not only a great alternative to outrageous fuel prices, but also fun, invigorating, and a great confidence booster as well. It doesn’t matter if you’re a seasoned cyclist or an ordinary broke college kid; the adrenaline rush from riding alongside traffic can be a learned pleasure. If you’re lucky enough to have successfully dodged car doors and road rashes by this point, you may be feeling like a sort-of road warrior. But remember, while riding assertively is good and necessary, accidents can happen.
So when reality pays a visit to the road warrior, prepare to be discombobulated — to say the least. In the unfortunate event of a bike accident, it’s possible you might lose the confidence you had before to cope with traumatic situations. Although accident protocols differ specifically from state to state, the following suggestions can help you prepare for what to do immediately after impact with a vehicle. And maybe — fingers crossed — they’ll help you not get hit in the first place.
HOW TO AVOID CARS
Hit the streets: Avoid using sidewalks unless you must swerve out of the way of something obstructing the road and/or your immediate safety. Riding on sidewalks cannot only endanger pedestrians, but it can also confuse motorists who may forget you are also using the street.
Avoid blind spots: Ride either in front of a vehicle or behind it. Anywhere directly alongside a vehicle is dangerous because the driver likely can’t see you.
Try not to hug the curb: To avoid the horror of slamming into a car door that’s suddenly opening, try to ride at least 3 to 5 feet away from the side of parked vehicles. Many city-issued bike lanes are unreasonably close.
The straight and narrow: Weaving through traffic may make you feel like a badass, but we all know how Frogger eventually ate it in the end. Riding in a straight line with traffic earns the respect of motorists around you and increases your visibility. If drivers are constantly alternating speeds trying to compete with your erratic riding, they are more likely to cause accidents with the vehicles on the road.
Accessorize: You should always carry a cell phone, identification, and a writing tool to record information in the unlucky event of an accident. While helmets go without saying, wearing a blinking taillight is as important, if not crucial at night. To avoid a crooked neck, consider getting a mirror to assist in checking out the traffic behind you.
HOW TO DEAL WHEN YOU’VE BEEN HIT
Stop, Stop! Being reminded of your mortality can really knock the wind out of ya, no matter how slight an accident. Although it may be desirable for the noble bike rider to shrug off the accident, you should definitely stay on the scene and discuss what happened with the motorist. If you (or the motorist) leave the scene of the accident, it’s considered a hit-and-run.
Assess the scene: Your body has just released a huge amount of adrenaline, which can leave you feeling unharmed. Many seriously injured riders report that they only began to feel the latent injuries at home, when the adrenaline wore off. If you feel like you may have sustained injuries at all, call 911 and ask for the police and the EMS (Emergency Medical Service). Otherwise, you may not be able to receive any compensation for your injuries if you do not claim them soon after.
Get the info: Ideally you should get the name, phone, address, date of birth, license plate number, and its state of issue from the motorist. You should also take note of the streets the accident occurred on. If you’re not mentally or physically equipped to write down the information, business cards come in handy.
Check your witnesses: Witnesses are essential in the event that you go to court. Request that they stay on the scene and use their help to record information and/or contact ambulance or police services if you are unable to do so.
Mum’s the word: Do not make any legal negotiations with the driver until you’ve had time to assess your injuries with an outside party. Most likely the accident was in the fault of the driver, and most states will try to protect the cyclist.
When the police arrive: Don’t say “sorry” in front of the police. Even though you may feel inclined to say that word after just being involved in a crash, do not. The police and the insurance company may try and use that word against you. After the police take the accident report, you should get the reporting officer’s name, badge number, and precinct or command. The police should then give you a receipt with instructions for obtaining a copy of their report.
Property damage: If only your bike has been harmed in the accident, you should probably settle the case yourself since attorney fees will outweigh any amount of settlement you’d receive from your bike. If your damage totals less than $2,000, contact your state’s small-claims court.
WHAT TO DO AFTERWARD
Record everything: Take pictures of your bike and any injuries you sustained after the crash. It’s also good to record your aches and pains in a journal afterwards. Go to a reputable bike shop and have them record the extent of your bike’s damages.
Contact a lawyer: If you think your body or your bike’s damages are worth more than lawyer fees, then contact your local bar association to arrange for a lawyer.
Don’t settle before you know: If the insurance company of the motorist contacts you, it’s your right not to speak with them until you’ve spoken to your attorney. You run the risk of saying or alluding to an incriminating statement.
If it’s your fault: You should contact the provider of your homeowner or renter’s insurance and let them know what happened. And if you don’t have this type of insurance — it’s worth looking into. This coverage can assist in paying for your damaged property (like your bike), and it can also provide coverage against claims brought against you (such as court and lawyer fees).
Issue #35
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