After a bike accident, you may have a path to compensation. You need to protect your rights by gathering evidence, documenting your losses, and speaking with a personal injury attorney. A bike accident lawyer provides legal insight, counters unfair blame, and fights for fair recovery.
Preserve All Evidence From the Scene
Information is a powerful tool in a bicycle accident case. Your memory of the event is freshest right after the crash, and documenting everything you saw and experienced provides a record for later.
Compile Your Photos, Videos, and Notes
Review the pictures and videos you took at the scene. Back them up by saving copies to a computer or a cloud drive for safekeeping. This protects them if you lose or damage your phone.
Create a document where you write down everything you remember about the bike accident. Describe the weather, the road conditions, and what you were doing right before the crash. Also, continue to take pictures of your injuries, as bruises and swelling can look worse days later.
Confirm Driver and Witness Information
Put the driver’s name, address, phone number, and insurance details into a secure place. If you spoke to any witnesses, organize their contact information as well. If you were unable to get this at the scene, this information is usually included in the official police report.
Obtain the Official Police Report
A police report contains the officer’s findings about the bike crash. To get a copy, you need to request one from the police department that responded to the accident. You’ll likely need the date and location of the incident or the report number the officer gave you.
Document All Your Losses From the Crash
A bicycle accident creates many losses, not just a broken bike. Keeping a detailed log of every way the wreck has affected your life shows the full extent of your damages when you pursue a claim.
Make Time To Journal
Start a journal on the day of the accident, and write down your pain levels on a scale of 1-10. Describe how your injuries affect your daily activities, like sleeping, working, or household chores. Also, note any emotional changes you experience, such as anxiety or trouble sleeping.
This detailed log paints a clear picture of your day-to-day struggles. A written record is more powerful than memory alone because it shows the actual impact of the accident on your quality of life.
Track Your Damaged Personal Property
The crash likely damaged more than just your bike, so make a list of every personal item that was broken or destroyed. The goal is to document the value of everything you need to replace.
Your list of damaged items may include:
- Your Bicycle: Note the make, model, and year of your bike, along with any custom parts or upgrades.
- Your Gear: List your helmet, cycling shoes, clothing, and gloves.
- Your Electronics: Include any damaged bike computers, GPS devices, a smartphone, or headphones.
- Your Accessories: Document other personal items like sunglasses, water bottles, or bike bags.
Get receipts for the original items if you have them. If not, look up the current replacement cost for each item online. Taking photos of all the broken property also helps prove your loss.
Log All Your Financial Costs
A bike wreck generates bills and costs from many sources. Keep a folder for all accident-related paperwork. Staying organized helps you track every expense, big or small.
Keep track of these costs:
- Medical Treatment: File every bill from hospitals, doctors, physical therapists, and pharmacies.
- Lost Wages: Keep pay stubs showing how much income you lost from missing work. A letter from your employer also documents this loss.
- Travel Expenses: Log your mileage for trips to and from doctor appointments.
- Other Costs: Save receipts for things like over-the-counter medical supplies or hiring someone for household help you can no longer do.
These records show the total financial impact the bike accident has had on you. Every receipt adds to the full value of your claim.
Dealing With an Insurance Company Adjuster
Soon after the crash, you’ll probably get a call from the at-fault driver’s insurance adjuster. Their job is to settle your claim for the lowest amount possible. Your words to an adjuster have a major effect on your bicycle accident case.
Your First Call With the Adjuster
When an adjuster calls, you only have to provide basic information. Give them your full name, address, and the date and location of the accident. You don’t have to discuss the details of the crash or your injuries.
You don’t have to give a detailed statement on this first call. In fact, you’re likely still processing the event and may not know the full scope of your injuries. It’s better to say very little and keep the conversation brief and professional.
Giving a Recorded Statement
The adjuster will likely ask you to give a recorded statement. You have the right to decline this request. Insurance companies often use these statements to find inconsistencies in your story or to get you to say something that hurts your claim.
They may phrase a question in a tricky way, and your answer, given under stress, may be used against you. It’s often best to wait until you have spoken with an attorney before you give any type of formal statement. Your lawyer speaks for you and protects you from these tactics.
The Dangers of a Quick Settlement Offer
Insurance companies sometimes offer a quick settlement check soon after the bike wreck. This offer may seem tempting, especially when bills are piling up. These initial offers rarely cover the full extent of your losses.
Once you accept a settlement, you lose the right to ask for any more compensation for this accident. A serious injury may require long-term care you don’t know about yet. Don’t sign anything or accept an offer without discussing the value of your bicycle accident case with a lawyer.
How a Lawyer Helps With Your Bicycle Accident Case
A personal injury attorney acts as your advocate. They manage the entire claims process so you can focus on getting better. They know how to build a strong case and counter the tactics used by insurance companies.
Investigating the Accident
A lawyer launches a full investigation into your bike accident. They gather and analyze all available evidence to establish who was at fault. This includes getting the police report, speaking to witnesses, and reviewing photos or videos of the scene.
This deep dive into the facts builds a solid foundation for your claim.
Calculating Your True Damages
An attorney works to identify the full value of your claim. They don’t just look at your current bills. They also project your future expenses related to the bike wreck.
Your legal team builds a complete picture of your losses, including:
- All Medical Bills: This includes costs for the ER, hospital stays, surgery, doctor visits, and physical therapy.
- Future Medical Needs: They work with medical professionals to estimate the cost of any future treatment or long-term care you may require.
- Lost Income: Your lawyer calculates both your wages lost to date and any impact the injuries may have on your future earning capacity.
- Pain and Suffering: They place a value on the physical pain and emotional distress caused by the accident and your injuries.
Handling All Communication
Once you start working with a bike accident lawyer, you no longer have to speak with the insurance company. Your attorney takes over all communications. They handle the phone calls, emails, and letters from the adjuster.
This protects you from saying something that might damage your claim and relieves you of the stress of dealing with aggressive adjusters. All inquiries and settlement offers go through your attorney.
Negotiating for a Fair Settlement
Most bicycle accident cases resolve through a negotiated settlement, not a trial. An attorney is a skilled negotiator. They present the evidence from their investigation and the full calculation of your damages to the insurance company.
They argue on your behalf and counter any lowball offers. Their goal is to secure a settlement that covers all your past, present, and future losses. They know what a fair outcome looks like based on the specifics of your bike accident.
Filing a Lawsuit (if Needed)
If the insurance company refuses to offer a fair settlement, your lawyer can take them to court. They can file a personal injury lawsuit to pursue the compensation you need. This step shows the insurer that you’re serious about your claim.
Your attorney manages the entire litigation process. They handle all court filings, discovery, and pretrial motions. Having an attorney who is prepared for trial often encourages the insurance company to come back to the negotiating table with a better offer.
FAQ for What To Do After a Bike Accident
How Long Do I Have to File a Claim for My Bike Accident?
Each state sets a deadline for filing a personal injury lawsuit, which is called the statute of limitations. In Georgia, you generally have two years from the bike accident to file. In South Carolina, the time limit is generally three years.
If you miss your state’s deadline, you typically lose your right to sue for compensation. Since some exceptions exist, contact a bike crash lawyer immediately to protect your claim.
What Happens if the Driver’s Insurance Blames Me for the Crash?
Insurance adjusters often try to shift blame to the cyclist to reduce their payout. Don’t argue with them, but let your attorney handle it. Both Georgia and South Carolina use a modified comparative negligence rule.
This means you can still recover damages as long as you are found to be less than 50% (Georgia) or 51% (South Carolina) at fault for the accident. Your final compensation is reduced by the percentage of fault you have. An attorney challenges these unfair claims of fault on your behalf.
How Does a Bike Accident Lawyer Determine Fault After a Crash?
Lawyers and investigators determine fault by looking at the evidence to see who acted negligently. Negligence means failing to act with reasonable care. Evidence used to show fault includes the police report, witness statements, traffic laws, photos from the scene, and expert analysis.
A personal injury attorney uses this evidence to prove the other driver was responsible for your bike accident.
What Do I Do if the Driver Who Hit Me Left the Scene?
First, call the police and file a report that details the hit and run. Then, check your own auto insurance policy. You might have Uninsured Motorist (UM) coverage that applies to a bicycle accident.
UM coverage steps in to pay for your damages when the at-fault driver can’t be found. An attorney helps you navigate a UM claim with your own insurance company.
What Types of Compensation Are Available in a Bike Accident Claim?
In a bicycle accident claim, you may pursue compensation for both your financial losses and the personal, human cost of the collision. This payment covers your measurable expenses, such as all medical bills, lost income from missing work, and the cost to repair or replace your bike and gear.
You may also seek compensation for your physical pain, emotional distress, and for how the wreck has affected your enjoyment of life.
Your Fight Is Our Fight
You don’t have to carry the weight of a bicycle accident case alone. While you heal, a dedicated team can be fighting for you. Jamie Casino Injury Attorneys stands up to insurance companies and demands the justice you seek.
Let our strength be your shield. The path to recovery is clearer with a powerful advocate by your side. Contact Jamie Casino Injury Attorneys at (912) 355-1500 for a free consultation.