Getting struck by a vehicle while riding a bicycle can be a life-altering experience – even if it seems minor at first.
Unlike drivers in motor vehicles, bicyclists are protected by metal walls, airbags, and other safety features. Even the slightest collision can lead to severe injuries. If you’ve been injured on your bike due to someone else’s negligence, you have rights – and you deserve to be compensated for every medical bill, missed day of work, minute of emotional distress, and every other negative consequence from the accident.
As much as we’d like to reassure you that the process to seeking compensation is easy, that’s simply not the case. In our experience at Midwest Injury Lawyers, injury claims after we see a bike hit by car can take months – sometimes years – to be resolved.
The good news is there are several things you can do to help the process move along more efficiently starting immediately after a car hits you. As personal injury lawyers who have managed hundreds of cases, we’d like to share six important tips to help you achieve the best settlement.
1. Don’t Skip the Medical Examination
This one may sound obvious, but you’d be surprised how often it gets overlooked at the scene of the accident. It’s very common for bicyclists to be in shock after an accident. This tends to numb the pain – and victims may think they are not injured in the moments immediately after the accident.
Additionally, some injuries do not become apparent until hours – or days – after the accident. This is common with head injuries and spinal injuries.
If you’ve been hit on your bicycle, it’s crucial to call the authorities. A police officer and medical team will arrive on the scene. In addition to the accident report, you NEED to get examined by the medical staff – even if you believe you are fine. These professionals know how to identify the early signs of severe injuries. While the symptoms of a serious injury may not be present right away, they can be life-threatening if left untreated.
Why it Matters
Getting a medical examination immediately after the accident establishes a direct link between the accident and your injuries. The team will keep records of their examination – which serve as critical evidence when filing a personal injury claim.
Skipping the medical examination could harm your case later. Insurance companies may argue that your injuries were not caused by the accident or weren’t as serious as you claim.
2. Document the Scene of the Accident As Much as Possible
In personal injury cases, every single piece of evidence plays a key role in your ability to recover compensation.
If you are physically able, pull out your phone and take as many photos as possible. Capture images of the accident scene, including:
- Your damaged bike
- The car that hit you
- The road conditions
- The protected bike lanes – and the area’s bicycle infrastructure
- Skid marks
- Traffic signs
- Any visible injuries to document the impact of the accident.
Next, you’ll need to get contact information after the car accident. In addition to the at-fault driver, try to speak with any witnesses and get their name and phone numbers. Witnesses can provide valuable testimony that supports your version of events.
Most importantly, you’ll need to get a police report. Your claim will not likely hold up if you don’t have this. The police report will serve as an official record of what happened, which will be an instrumental piece of evidence when filing your claim.
The more information and evidence you gather at the scene, the stronger your case will be. If you are too injured to collect this information yourself, try to get a bystander to help.
3. Speak to an Attorney BEFORE the Insurance Company
This may be the most important tip we can give you in a bicycle accident injury case.
After the accident, the at-fault driver’s insurance company may contact you quickly – probably within 24 hours. Always remember: insurance companies have a duty to settle injury cases quickly and minimize the payout. We hate to sound blunt here, but your injury and recovery are not their primary concern, no matter what they tell you.
This is why it’s so important to speak to a personal injury attorney before you speak with the insurance adjuster. The lawyer you hire is the only party that is truly on your side in seeking rightful compensation – and they will guide you on how to communicate with adjusters.
Why it Matters
Adjusters are trained to minimize payouts. This means they may try to get you to admit partial fault or downplay the severity of your injuries. Speaking to them before understanding your rights could result in you receiving far less compensation than you deserve.
Speaking to an attorney as soon as possible after the accident can help you avoid falling victim to devious insurance company tactics and make sure that you don’t inadvertently harm your own claim.
4. Keep Calm and Only State the Facts
Emotions can run high after an accident, we get it.
You may be dealing with constant pain, stress, and financial pressure if the injury inhibits your ability to work. However, it’s super important to remain calm and only state the facts when communicating about the accident. This applies whether you’re speaking to the police, insurance adjusters, witnesses, or anyone else.
Just keep your cool. Trust us on this, please.
Why it Matters
Emotionally-charged responses can lead to exaggerations or inconsistencies, which can be used against you later. If you’re speaking to insurance adjusters, it will certainly be used against you. Stick to the facts about what happened from your perspective as a bike rider, where it occurred, and any relevant details.
Pro Tip: Don’t discuss the accident on social media or share any personal opinions about the event publicly. Insurance companies may monitor your social media activity and use it to weaken your case.
5. Gather & Organize ALL Records
To reiterate, documentation is everything in personal injury cases.
When you create your demand letter, every last dollar will need to be accounted for. This includes medical assessments, records, treatment costs, estimations, pay stubs (for lost wages), receipts/estimates to fix property damage, evidence, and everything in between.
At Midwest Injury Lawyers, a great deal of what we do involves helping clients add up every single cost that factored into their injury. It’s very common for victims to overlook certain costs. When you work with a personal injury attorney, they will guide you on everything you need to collect – making sure you leave nothing on the table.
Organizing your records is a crucial part of building a strong bicycle accident case. This includes keeping track of all medical bills, police reports, photographs, repair estimates for your bike, and any correspondence with insurance companies.
Here are the most important pieces of documentation to get in order:
Medical records
Keep detailed records of all your injuries, treatments, medications, and any medical procedures you undergo. These documents work to showcase the extent of your damages and provide leverage to receive appropriate compensation for your medical expenses.
Medical records also provide a clear timeline of your treatment, which can show how long it will take for you to recover or if your injuries are permanent – showing the full impact of the accident on your health and wellbeing.
Lost wages
If your injuries prevent you from working, you’ll need to document all time off work and the income you’ve lost because of it.
You may be entitled to recover lost wages as part of your compensation in the bicycle accident injury case. This can include regular pay, bonuses, overtime, and other earnings you would have received if not for the accident. Additionally, if your injuries impact your future ability to work or require a career change, you may also be eligible for compensation for reduced earning potential.
Accident-related expenses
This is where a lot of injury victims leave money on the table.
Hold onto receipts for all expenses related to the accident, this includes transportation to medical appointments, home care, or medical devices. These costs tend to add up quickly and need to be included in your claim.
Expenses related to medical equipment, prescriptions, and home modifications (crutches, ramps, handrails, etc.) are also recoverable. Documenting these costs will help you earn compensation for all accident-related expenses in your settlement or judgment.
Why it Matters
Keeping your records organized and ready does more than help your personal injury attorney build a strong case. Doing so helps to make sure nothing is overlooked when negotiating your settlement.
Exhaustive documentation demonstrates the full scope of your injuries, expenses, and losses, making it harder for the insurance company to dispute (or undervalue) your claim. An organized record also allows your attorney to quickly respond to any requests for information, keeping your case moving along quickly.
6. Leave Negotiations to the Professionals
This is a big one – a very big one.
In most bicycle accident cases, the victim is facing this unfortunate situation for the first time. When the motorist is clearly at fault and violated traffic laws, it’s logical for victims to believe they can represent themselves to save on attorney fees.
This almost always ends in unfair settlements. In most cases, insurance companies won’t even negotiate with victims if they do not have a personal injury attorney.
Auto insurance companies will try to settle your bicycle accident claims as quickly as possible, hoping to avoid a larger payout by offering a low settlement early on. While it may be tempting to accept the first offer, especially if you’re dealing with financial stress, it’s important to leave the negotiations to your attorney.
Why it Matters
Personal injury attorneys understand how insurance companies negotiate after bike accidents – and all the tactics they use to avoid rightfully compensating victims. Additionally, they know how to calculate the true value of your claim, factoring in your current medical bills, future expenses, lost wages, and non-economic damages like pain and suffering to earn the maximum compensation.
By leaving the negotiations to a legal professional, you can focus on your recovery while your attorney works to earn the best possible outcome for your case.
The Next Step
Being hit by a car while on your bike is an overwhelming experience – going far beyond the accident itself. It’s a process that usually comes with financial hardship, reduced quality or life, and lots of uncertainty.
Your sole focus needs to be your recovery and getting your life back in order. You don’t need the added stress of the legal process and negotiating with insurance companies – these should be handled by a professional attorney who has your best interests in mind.
At Midwest Injury Lawyers, we work closely with victims of bicycle accidents to secure settlements that cover every damage you’re facing – leaving no stone unturned. Our firm operates on a contingency fee agreement. This means you pay us nothing until we win the case.
Speak with a bicycle accident injury lawyer today in a FREE consultation.