Hit-and-run bicycle accidents happen more often than many assume. These incidents leave bicycle victims stressed, terrified, and frustrated. In Illinois, Indiana, and Wisconsin, the combination of growing urban cycling and inattentive drivers creates challenges for bicycle safety.
According to the National Highway Traffic Safety Administration, the Midwest continues to see steady rates of bicycle-vehicle collisions, with hit-and-runs reported in every major metro area, including Chicago and Milwaukee – with around 85% of fatalities happening in urban areas.
Knowing how to react as a bicycle rider after a sudden, unfair crash can make all the difference in a legal claim. At Midwest Injury Lawyers, our attorneys have represented hundreds of victims of hit-and-run accidents. We understand that these situations can feel hopeless for victims. But it’s important to know that the law is on your site.
In this post, we will discuss the actions necessary to manage this difficult process for injured cyclists – and earn rightful compensation.
What Is a Hit and Run Bike Accident?
Hit-and-run bicycle accidents generally occur when a motor vehicle driver strikes a cyclist and then leaves the scene without providing help, identification, or insurance information. This unethical behavior is illegal across the United States. Hit-and-run accidents are treated much differently than typical bike accidents, where all involved parties stay and fulfill legal duties.
Many hit-and-run bike crashes happen at intersections, crosswalks, or driveways where visibility for motor vehicles may be limited. Common causes include distracted driving, speeding, or drivers not yielding to cyclists.
Why do people leave the scene of bicycle accidents without fulfilling legal duties?
There are many reasons why people commit hit-and-run accidents – and leave injured bicyclists. We commonly manage cases where the at-fault driver fled out of panic or fear of legal consequences.
Immediate Actions After a Hit and Run
Knowing what to do after a hit-and-run accident may not be super clear. Many victims of bicycle accident hit-and-runs are in shock – especially when they see the at-fault party speeding away. If you’re not seriously injured, do your best to take these actions immediately after the collision.
Prioritize Your Safety
First and foremost, focus on getting to a safe spot in the immediate aftermath of the bicycle accident. If you are not incapacitated, do your best to move out of the traffic flow to avoid any further injury.
This might involve carefully stepping to the side of the road or seeking a safe location away from oncoming vehicles. If you’re too injured to move or feel unsafe, stay in place and signal for help. The sooner you can get to a safer area, the better.
Try to Capture Evidence
Capturing evidence immediately after bicycle accidents can be extremely difficult given the circumstances of the accident. If you can, try to take out your phone and capture pictures or videos of the at-fault party leaving the scene – specifically the license plate. Capturing this footage can be direct evidence to support your injury claim.
Call 911
Once you’re in a safe spot after the bicycle accident, your next priority should be to call the authorities.
Alert the dispatcher about the accident and give them any relevant information, such as your location, the details of the crash, your condition, and that the at-fault party fled the scene. Emergency responders will send out medical personnel and law enforcement. Upon arrival, they will secure the scene to begin their investigation.
Keep in mind, even if you feel your injuries are minor, you need to get the authorities involved. This is especially important in a hit-and-run. The authorities can document the incident and start gathering evidence, which will factor into your case.
Find Witnesses
After contacting emergency services, see if there were any bystanders nearby.
Bystanders or other drivers in the area may have seen the vehicle involved in the accident and could provide critical information to the authorities. Ask if anyone witnessed the following details:
- The car’s license plate
- The color of the vehicle
- The direction it went after fleeing the scene
In addition to asking for details, get the contact information of any witnesses. Their accounts of the incident could be a large factor if you file an insurance claim or pursue legal action. Encourage the witnesses to remain at the scene until the police arrive, as their testimonies may help establish the facts of the accident.
Document the Scene
While waiting for the police to arrive, do your best to document everything you can at the scene.
Use your phone or camera to capture footage of the accident site, including your bike, any visible injuries, and any damage to your clothing. Pay attention to the environment. Your photographs should (ideally) show factors like:
- Road conditions
- Skid marks
- Broken car parts
- Road signs
- Bike lanes
The more documentation you have, the stronger your case will be, whether it’s for insurance purposes or legal proceedings.
Get Checked by the Medical Team at the Scene
When the medical team arrives on the scene, make sure to get checked, even if you feel fine.
You may be in shock, or your adrenaline is running. These factors can temporarily mask pain in the moment. Additionally, bike injuries involving internal bleeding, traumatic brain injuries, or soft tissue damage can take hours – or days – to become apparent.
The paramedics will assess your condition and provide immediate treatment if necessary. They can also spot the early signs of more serious injuries. If they recommend you go to the hospital for further evaluation, follow their advice, even if you feel okay.
Having a medical professional assess you on-site provides essential documentation and helps build a record for your injury.
Reporting the Accident
Reporting a hit-and-run is the next step for bicycle accident victims. When the authorities arrive on the scene, they will generate an official police report. If you didn’t call the authorities to the scene, you’ll need to file your own report immediately. In Illinois and neighboring states, alerting law enforcement within hours is necessary to trigger a quick investigation.
Provide officers with every detail you can recall, even bits of information like the car’s make or a partial license plate can make a big difference.
From here, notify your insurance company as soon as you can. Even if the at-fault driver is unknown, you may have coverage under your own policy through uninsured motorist protection. Prompt reporting to both police and your insurer is crucial to preserve your legal rights.
Without these reports, your ability to pursue compensation may be much more difficult.
Keep in mind, speaking to insurance companies (even your own) can be risky. These companies may try to downplay the accident in an effort to minimize your payout. For example, even something as trivial as apologizing may imply you were partly at fault.
It’s recommended to speak with a bicycle accident attorney before you speak to an insurance company. They can guide you on what to say (and what not to say) to protect yourself in a subsequent injury claim.
Organizing Evidence After a Bicycle Crash
Evidence is the backbone of any bike accident injury claim – hit-and-run or not. Do your best to create a complete record of what happened. This should (at the minimum) include:
- The official police report
- Photos/videos of the scene
- Medical assessments
- Medical records from your doctor
- Pay stubs for lost wages (if you are unable to work)
Keep all damaged property, including your bicycle, helmet, torn clothing, etc. Do not repair your bike until a claims adjuster or expert can examine it. Save any debris left by the driver, such as side mirrors or broken lights; these can help investigators identify the fleeing car.
Be sure to hold onto any medical records related to your injuries. This includes emergency room notes, diagnostic tests, and bills for follow-up care. Documenting the progress of your recovery is equally important in any injury claim.
Visit Your Doctor
Make an appointment with your primary care doctor as soon as possible, even if you believe your injuries are minor. Getting checked by a doctor creates a written record linking your injuries to the crash.
Document every aspect of your treatment, from ambulance rides to rehabilitation visits. If you begin to notice new symptoms days later, return for further evaluation. This ongoing medical documentation prevents insurers from claiming your injuries were unrelated to the accident.
When to Contact a Chicago Bike Accident Lawyer
If you suffered any injury in a hit-and-run bike crash, a conversation with a personal injury lawyer is necessary. If your injuries are more severe, if you face large medical bills, or if the at-fault driver remains unknown, legal guidance is non-negotiable in seeking rightful compensation.
What Value Does a Bicycle Accident Attorney Add to Your Case?
In many hit-and-run bicycle accident cases, hiring an experienced attorney is oftentimes the difference between earning a fair settlement and being responsible for your own medical bills, lost wages, pain and suffering, etc.
Here are the major duties a bicycle accident injury attorney handles:
Tracking Down and Securing Evidence
Evidence is everything in bicycle crashes. Gathering evidence can be challenging, especially in a hit-and-run or an accident where the other party denies fault.
A skilled bicycle accident attorney can help you obtain surveillance footage from nearby businesses (if applicable), collect witness statements, and work with accident reconstruction experts to paint a clear picture of what happened.
They can also provide guidance on how to properly document your injuries, medical records, and any other relevant details that could help prove the severity of your injuries – and the fault of the other party.
Identifying All Sources of Compensation
In a personal injury claim, you may be entitled to more compensation that you initially assume.
For example, some victims may be eligible for state-backed crime victim funds, which can provide financial assistance in the event of a hit-and-run. Additionally, if the responsible driver is uninsured or underinsured, an attorney can help you pursue a claim under your own uninsured or underinsured motorist policy.
Another major damage in bicycle accidents is pain and suffering. Unlike medical bills and lost wages, pain and suffering is more subjective (and doesn’t have receipts, invoices, or pay stubs attached). A bicycle accident lawyer can help place a value on your pain and suffering – and negotiate for it in a bicycle accident injury claim.
Managing the Insurance Claims Process
Bike accidents – especially hit-and-run accidents – can lead to complicated insurance claims.
As mentioned earlier, insurance companies commonly work to minimize payouts, which can make it challenging for accident victims to receive fair compensation. When you work with experienced bicycle accident lawyers, they can guide you through the claims process, making sure you avoid common pitfalls and maximize your settlement.
This typically involves negotiating with insurers and presenting your case in the best possible light. With their knowledge of insurance law and tactics, they are prepared to challenge lowball offers or outright claim denials, giving you a stronger chance at receiving fair compensation for your injuries.
Representing You in Court
In some hit-and-run bicycle accident cases, the at-fault party’s insurance company may be unwilling to provide adequate compensation in the settlement negotiations. If both parties cannot reach a fair agreement, your attorney may decide to take the bicycle accident lawsuit to court.
While these situations are rare, experienced Chicago bicycle accident lawyers should have trial experience – and can help you manage the entire process of seeking compensation within the court system.
What’s the Next Step?
The choices you make in these first hours and days have a huge impact on your ability to earn fair compensation for your injuries. If you face challenges from insurance companies – or if the at-fault driver is never found – don’t give up hope. The law is on your side.
At Midwest Injury Attorneys, we understand how intimidating the process can be. Our Chicago bicycle accident attorneys represent injured cyclists under Indiana, Wisconsin, and Illinois law with a reputation for earning maximum compensation – and providing compassionate legal support from start to finish.
Send us a message today to schedule a FREE consultation. A Chicago bicycle accident lawyer will discuss your hit-and-run case in detail, explain your legal options, and determine the next steps to earn a rightful settlement in a bicycle accident claim.