Bicycle accident victims are often seriously injured and unable to take action on their own behalf, relying instead on others to call 911 and apply first aid. Regardless of the severity of an accident, injured cyclists and their families often ask, “What should I do after a bicycle accident?”
Under Washington RCW 4.22.070, the law states the following:
“If the trier of fact determines that the claimant or party suffering bodily injury or incurring property damages was not at fault, the defendants against whom judgment is entered shall be jointly and severally liable for the sum of their proportionate shares of the claimant’s total damages.”
In other words, proving that the cyclist was not at fault and that the bike accident was caused by the driver’s negligence is crucial to recovering the full amount of the claim.
The bicycle accident attorneys at Wells Trumball are prepared to advocate aggressively on your behalf to help you recover the compensation you deserve.
Gathering Evidence at the Scene After a Bicycle Accident
Cyclists must follow traffic laws and be aware of their surroundings at all times to avoid an accident, but even a careful, experienced cyclist can suffer serious injuries caused by a driver’s careless or reckless action.
Gathering evidence begins at the accident scene, either by the injury victim or someone acting on their behalf. At the scene, use a cell phone to take the following steps:
- First, call 911 to request emergency services and apply any necessary first aid
- Use the phone’s camera to take photos of the accident scene, including the damaged bicycle, vehicle, and anything relevant, such as a traffic signal or sign
- Then, take photos of any visible injuries
- Add the driver’s contact information to your phone
- Add the contact information of eyewitnesses to the accident
It’s important to go directly to the hospital from the accident scene, either by ambulance for severe injuries or by arranging a ride from the scene for less serious injuries.
What to Do In the Hours and Days After the Bicycle Accident
Even if you were unconscious or incapacitated at the accident scene, it’s not too late to take purposeful action in the days after the accident by doing the following:
- At the hospital, request a complete medical examination as well as treatment for any obvious emergency injuries. This helps identify and diagnose injuries with delayed symptom presentation, such as whiplash, internal organ injuries, and traumatic brain injuries
- Ask for a detailed medical report with your injuries listed, along with the doctor’s recommendation for your treatment
- Save copies of your medical bills and injury-related expenses
- Keep track of all missed work hours
- Carefully follow your doctor’s treatment plan and attend all appointments
- Obtain a copy of the police report of the accident, as well as your medical report
Then, reach out to an experienced bicycle accident lawyer for a free consultation.
Why Call a Bicycle Accident Lawyer After the Accident?
It’s always best to hire an experienced Snohomish bicycle accident lawyer before communicating with the at-fault party’s insurance company. In some cases, insurers reach out quickly with low settlement offers, hoping the injury victim will accept the offer before they know the true extent of their damages. Instead, hire a bicycle accident lawyer and direct the insurance adjuster to speak to your attorney.
Insurance companies are not on your side after an accident and try to protect their profits at your expense. Having an attorney to investigate, document evidence, and negotiate the highest possible settlement is the best way to obtain the compensation and sense of justice you deserve.