Bike & Pedestrian Accidents

The moments following a bicycle accident can be chaotic and stressful. Taking the right steps can help protect both your health and your legal rights.

1. Seek medical attention immediately. Your health should always be the top priority. Even if you believe your injuries are minor, some serious conditions such as concussions, internal injuries, and soft tissue damage may not be immediately apparent. Prompt medical treatment also creates important documentation of your injuries.
2. Call the police. Request that law enforcement respond to the scene whenever possible. An official accident report can become valuable evidence later if liability is disputed.
3. Take photographs and videos. Use your phone to document the accident scene, vehicle positions, damage to all vehicles and bicycles, skid marks and roadway conditions, traffic signs and signals, visible injuries, and weather and lighting conditions. Photographs taken immediately after a crash often become some of the most persuasive evidence available.
4. Gather witness information. Independent witnesses can play a critical role in determining what actually happened. Obtain names, phone numbers, email addresses, and brief notes regarding what they observed. Witness memories can fade quickly, so collecting this information at the scene is extremely important.
5. Take notes while events are fresh. As soon as possible, write down everything you remember: the time and location, traffic conditions, statements made by drivers or witnesses, what you were doing immediately before the collision, and any pain or symptoms you experienced. These notes may prove valuable months later when details become harder to recall.
6. Preserve evidence. Do not repair or dispose of your bicycle, helmet, clothing, or cycling equipment. These items may help accident reconstruction experts determine how the crash occurred.
7. Be careful when speaking with insurance companies. Remember that the other party’s insurance company is not working for you. Adjusters may contact you shortly after the accident and request a recorded statement. In most situations, it is wise not to provide one without first understanding your rights and speaking with legal counsel, because a recorded statement can later be used to challenge or minimize a claim if your injuries worsen or facts become disputed.
8. Avoid discussing fault. Do not speculate about who caused the accident, and avoid making statements that could be interpreted as accepting responsibility. The facts of a collision are often more complex than they initially appear.