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"the driver who ran me over didn’t think it was his fault, the lawyers at BicycleLaw secured the policy limit from his insurance company"
               
Pat Carrell
Master Racer
Windsor, CA



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Accident Advice
ALWAYS wait for the police to respond to the accident scene so that an official report will be filed. Some cyclists do not realize that they have been injured until several hours after the accident. By then, it may be too late to identify the at-fault driver. Seemingly minor injuries can develop into serious and permanent injuries.

YOU should not attempt to negotiate with the at-fault driver. He or she may not give you accurate information about their identity, insurance coverage or vehicle ownership. Many drivers who cause accidents will initially apologize and accept blame for the accident, but will later, after they have time to consider the ramifications, will deny that they were negligent. They may even deny that they were even present at the accident scene! The accident report will include the driveršs statements as well as all other witness statements. Additionally, the responding officer may decide to ticket the driver and this can be useful when trying to settle the case with the insurance company.

THE ACCIDENT scene should be investigated for information about how the accident occurred. The investigation should include obtaining skid mark measurements, photographing accident scene, speaking with additional witnesses, and measuring and diagramming the accident scene.

SEEK prompt medical treatment for you injuries. This is proof that you were in fact injured and the medical records generated by the medical provider will help establish the extent of your injuries. Have several photos from different angles and different lighting taken of your injuries as soon as possible after the accident. Keep a journal (injury diary) of your physical symptoms starting immediately after the accident and make entries every couple of days.

LEAVE your bike and other damaged property in the same state as it was after the accident. Take photos of all of your damaged equipment and accessories.

DO NOT communicate with the insurance company before consulting with an attorney. Most cyclists want to be fair and reasonable with the insurance company. When you communicate with the insurance company, they are gathering information. Unfortunately, a fair and honest account of the accident can be turned around and used against you later.

CONTACT Biclelaw.com or another personal injury attorney who understands bicycling. While many attorneys are competent to handle general injury cases, make sure your attorney is familiar and has experience with:

  • Bicycle traffic laws
  • Negotiating bicycle accident cases with insurance companies
  • Trying bicycle accident cases in court
  • The prevailing prejudice against cyclists by motorists and juries
  • The names and function of all bicycle components
  • The speed bikes travel as well as braking and cornering
  • Bicycle handling skills, techniques and customs
  • How to get the full value property damage estimates for your bicycle
  • Establishing the value of lost riding time
  • Leading bicycle accident reconstruction experts
  • Licensed forensic bicycle engineers
  • Establishing the value of permanent diminished riding ability