Getting into a bicycle crash is disorienting. Whether it happened at an intersection, on a trail, or alongside traffic, the moments and days that follow can shape your entire legal situation. We see people make the same missteps repeatedly, and unfortunately, those missteps can cost them significantly.
Our friends at Patterson Bray PLLC discuss these issues with clients often, and it starts the same way every time. A bike accident lawyer can walk you through what went wrong and what your options are going forward.
Mistakes That Can Undermine Your Claim
Not Calling the Police
We cannot stress this enough. A police report creates an official record of what happened, who was involved, and what the scene looked like. Without it, everything becomes a matter of one person’s word against another’s. Even if the crash seems minor at first, call law enforcement and get that documentation.
Leaving the Scene Without Gathering Evidence
If you are physically able, stay and document everything.
- Photograph the bike, the vehicle, the road, any damage, and your injuries
- Get the names and contact information of witnesses
- Note the time, weather conditions, and any traffic signals or signage nearby
- Write down the driver’s license plate, insurance information, and contact details
Photos taken in the first few minutes can make a real difference later.
Delaying Medical Attention
Some injuries do not show up immediately. Adrenaline masks pain. This is well-documented in emergency medicine. If you wait days before seeing a doctor, the other side may argue your injuries were not caused by the crash. Go get evaluated. Let the medical records speak for themselves.
Talking to the Other Driver’s Insurance Company Alone
Insurance adjusters are trained to minimize payouts. They may call you quickly, sound sympathetic, and ask questions that seem harmless. Some of those questions are designed to get you to say something that reduces or eliminates your claim. Do not give a recorded statement without speaking to an attorney first.
Posting About the Crash on Social Media
What you post can and will be used against you. A photo of you at a family event, a comment about feeling better, even something taken out of context can undermine your case. The safest approach is to say nothing publicly while your claim is active.
Why Bicycle Accident Claims Have Unique Considerations
Cyclists are among the most vulnerable road users. According to the National Highway Traffic Safety Administration, hundreds of cyclists are killed in traffic crashes annually, and thousands more are injured. These cases often involve questions of road design, driver negligence, visibility, and local traffic laws.
We also see cases involving defective bicycle equipment. If a brake failed or a helmet did not perform as it should, a product liability claim may come into play alongside a standard negligence case.
Do Not Assume Fault Is Obvious
Even when a driver ran a red light or turned without signaling, insurance companies will look for ways to shift partial blame to the cyclist. Were you wearing visible clothing? Were your lights working? Did you signal? These questions come up, and having an attorney who understands bicycle accident claims means having someone who can push back on bad-faith arguments.
Comparative fault rules vary by state, but in many cases, being found partially at fault can reduce your compensation. Knowing how those rules apply to your situation matters.
Taking the Right Steps After a Crash
Bicycle accident claims move on a timeline. Evidence disappears. Witnesses become harder to reach. Statutes of limitations set hard deadlines on when you can file. The sooner you speak with a bike accident attorney, the better positioned you will be.
If you or someone you care about has been injured in a bicycle crash, reach out to our office. We are here to answer your questions and help you understand what your claim may be worth.