No matter how careful you are as a bicycle rider, accidents happen, and injuries can be severe. If you’ve been hurt in a bicycle accident and are considering pursuing legal action, here’s what you need to know about moving forward.
1. Make sure you have a good case first
The first thing you’ll want to do is talk to an attorney to find out if your case has merit. Don’t ask for advice online from non-lawyers, even if they have been in your situation before. Every case is different, and there could be circumstances that completely change the nature of your case compared to theirs.
For example, bicycle laws differ between states, cities, and even counties, which impacts liability. Consulting with a bicycle accident lawyer is the only way to know if you have a strong case.
2. You must be able to prove your case
Like every lawsuit, you’ll need evidence to prove your case. You’ll need photos and video of the scene, if possible, to show vehicle positions, road conditions, damage, and your injuries. Photos of damage to your bicycle will be especially important, along with torn or bloody clothing, skid marks, and other evidence. Don’t wait to take photos because some of the evidence – like skid marks – will disappear fast.
Make sure you get a copy of the police report, your medical records, any bicycle repair bills or estimates, receipts for medical bills, work records that show missed shifts and lost wages, and witness contact information. Your attorney will handle obtaining traffic camera and surveillance footage and other pieces of evidence that requires a bit of effort to get.
3. Time is critical
There is a statute of limitations for filing a lawsuit after a bicycle accident, and in most states, it’s three years from the date of the accident (with some exceptions). Don’t wait to talk to an attorney. Get a consultation as soon as possible and get the ball rolling.
4. Seek medical attention immediately
Even if you feel like you’re perfectly fine, get checked out by a doctor anyway. Some injuries take time to show up, and you may not even be aware of an injury on a hard-to-see part of your body.
Getting medical help will support you in pursuing damages. If you skip all medical attention, it will be nearly impossible to prove your case and get compensated. Financial compensation in a personal injury case is mostly awarded to cover medical bills, and if you don’t have any, you won’t get much compensation – not even for lost wages. Without concrete medical proof of your injury, it will be much harder to prove that your lost wages from taking time off work are the result of a legitimate injury.
5. Don’t fix your bicycle just yet
Your bicycle might need to be admitted as evidence, so don’t fix it until you know it’s not going to be needed. Talk to your lawyer to find out what you should do in your particular situation.
6. Don’t agree to an insurance settlement directly
There’s a good chance you’ll be contacted by an insurance company outside of court offering to settle your case for a specific amount of money. Don’t take their offer and don’t sign any paperwork without consulting your attorney first. Chances are, your lawyer will tell you not to accept the settlement offer because it’s way too low and they can get you better compensation through your lawsuit.
Insurance companies are not on your side and will do anything to get you to take the lowest possible payout. Never talk to an insurance adjuster if they contact you. If you are pursuing a lawsuit and they call you, either decline their call, or if you happen to answer, politely let them know they need to address their concerns with your lawyer.
7. Stay off of social media
Throughout your case, don’t post anything about it online. In fact, it’s best if you don’t post anything on social media at all. You never know how the other side will use your posts against you, and they absolutely will use anything they can find. For instance, they might find a way to use your location or posting time against you.
Social media posts have ruined many cases for people, so don’t risk it and stay off all platforms.
Seek justice strategically
Pursuing a bicycle accident lawsuit requires time and patience, but also professional legal guidance. A good lawyer will help you build a strong case and increase your chances of getting fairly compensated.
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