Steps to take if you’ve been involved in a Bicycle Accident

Readers who follow this blog appreciated our advice on “Steps to Take if you’ve been involved in a Car Accident” and have asked for our similar advice on what to do in the event of a bicycle accident. As cycling continues to grow in popularity and with the installation of new bike lanes alongside roadways and main streets, it is important to understand your legal rights and know how to prepare for your case in the case of a bicycle accident.

1. Stay at the Scene

As was the case with an automobile accident, it is imperative to stay at the scene of a serious accident, regardless of how the accident occurred or who may be at fault. Leaving the scene of an accident is a criminal offence. If possible, move your bike off the lane to the side and encourage drivers or other parties to do so as well.

2. Call 9/11

Contact the proper authorities to get medical help and a police report. Explain the situation calmly and clearly to the operator.

3. Exchange Information

Locate the other party and exchange all relevant information. If the collision was with a motorist, take down the driver license, license plate, and insurance information. Take down names, cell phone numbers, and any other identification. (More on insurance below)

4. Start Making a Record

Instead of arguing with the other party about fault, work to make a record of the accident location, involved parties/ vehicles, potential witnesses, travelling speeds, and other environmental factors. Having a record can strengthen your case and help your lawyer prove your case.

5. Take Pictures

Photographic evidence of the accident site, injuries, damage and possible witnesses or other parties, should be included in the evidentiary record.

6. Contact Insurance

If the collision occurred with a motor vehicle, then take down the driver’s insurance information as standard. If they ask you for insurance information, and you do not have insurance, calmly explain why. Wait for a police report so fault can be determined, as the motorist can still make a not- at fault claim under his or her own auto insurance policy.
In accidents, which do not involve motor vehicles (such as accidents caused by poor road conditions such as potholes), recovery can be tricky as it may not qualify as a “motor vehicle accident” under the Statutory Accident Benefits Schedule. In these cases, you may be able to recover against the City and road authority. We highly recommend speaking to a legal professional to discuss options.

7. Seek Medical Care

If necessary, go to a medical professional to treat any injuries and retain all relevant medical records. You may be entitled to further medical and rehabilitation expenses.

8. Contact an Experienced Attorney

Being involved in an accident is stressful. If you feel overwhelmed, make sure to speak to legal experts to determine your legal rights. Fortunately, here at Grillo Law we have over 30 years of experience in dealing with bicycle accidents and have helped thousands of clients just like you.