If you are hit by a car while riding your bike, the first things you should do are get medical care, contact the police, and document critical facts about the crash. The sooner you address your injuries and document what happened, the better positioned you will be to recover a fair injury settlement.
If you still have questions and aren’t sure about what steps to take, a Charlotte bicycle accident lawyer can walk you through your options and help protect your rights, ensuring the right party is held accountable.
Important Steps to Take After Being Hit by a Car While Bicycling
The following steps are not only important for building a strong injury claim, but they can also ensure your health and safety are protected after you’ve been hit by a car while bicycling.
While gathering information at the accident scene is crucial, your well-being should always be your number one priority.
1. Get to Safety and Call 911
If you are able to move yourself, get out of the roadway and away from traffic, then call 911. You can also ask someone nearby for help and have them call 911 for you. When the police arrive, explain what you remember, but do not admit fault.
2. Get Checked by a Medical Professional
Even if you feel okay, being hit by a car can cause head, internal, or soft-tissue injuries that are not obvious right away. Get evaluated as soon as you can, follow your treatment plan, and return to your provider if new symptoms appear. Also, keep receipts and copies of any medical documentation.
3. Make Sure the Crash is Officially Reported
Ask responding officers which agency is handling the report and how to get the report number so you can request a copy later. If police do not come to the scene, contact the local department and file an incident report yourself to create a written record of what happened.
4. Collect Witness Information and Evidence
If it’s safe for you to do so, take photos of the scene, including your bike damage, the vehicle, your injuries, and anything that shows road, traffic, or weather conditions. You should also get the driver’s contact and insurance information and ask witnesses for their names and contact details, as well.
5. Be Careful When Talking With Insurance
You can confirm basic facts with the driver’s insurance company, but be cautious about giving recorded statements or signing any paperwork, like early settlement offers or medical release documents. If you are unsure how to answer a question or what paperwork is okay to sign, wait and speak with a lawyer first.
6. Consider Speaking With a Lawyer
Bicycle accidents often raise questions about who had the right-of-way and how the crash occurred, which can result in conflicts over fault. A lawyer can help you build a strong claim in your defense to protect your right to recover compensation and handle communications with the insurance company.
Who Could Be Held Liable After a Bicycle Accident?
Liability, or who is at fault, for a bicycle accident will depend on what happened specifically and who was involved.
In many cases, the driver who hit you will be the one at fault. However, there are situations in which other parties could be held liable. This can include:
- A different driver who acted negligently and caused another driver to hit you
- An employer, if the driver was on the clock and driving a company vehicle
- A vehicle owner, if the person driving was not supposed to be behind the wheel
- A government entity, if the accident was due to poor road design or maintenance issues
Because North Carolina follows contributory negligence, the driver’s insurer may try to argue that you were partly at fault. That is why thorough documentation that creates a clear picture of what happened is so important in bicycle cases.
How Long Do I Have to File a Personal Injury Claim?
In most North Carolina personal injury cases, including bicycle accidents, the general statute of limitations is three years from the date of the accident. If you are filing a wrongful death claim for a loved one who died after being hit while riding their bike, the deadline is typically two years.
That said, there are various other situations that can involve different rules or additional notice requirements, especially when a government entity is involved. If you are unsure about which deadline applies to your case, it’s best to consult with a bicycle accident lawyer as soon as possible.
Hiring the right Legal Team can be highly beneficial in the outcome of your case, by not only ensuring you meet important deadlines but also by ensuring you don’t make any other mistakes that could negatively impact your claim.
Click to contact our personal injury lawyers today.
Do You Know What to Do if You’re Hit by a Car While Bicycling? CR Legal Team Can Help!
At CR Legal Team, we provide Whole-Person Legal Care™, which means we focus on all aspects of your case, not just the legal parts. This includes your injuries, your financial concerns, and the stress that often follows a serious accident.
Our Team will thoroughly investigate what happened, identify all responsible parties, and preserve important evidence while handling communications with insurers. With an in-house investigative unit, we can help you build a stronger claim that can maximize the settlement you recover.
CR Legal Team has more than 600 years of combined legal experience and has served over 200,000 clients, with testimonials to prove it. If you were hit by a car while bicycling and are unsure what to do next, get in touch today for a free consultation.
