On Your Left! What Every Cyclist Needs to Know After an Accident

The first bicycle was invented by a German inventor called Baron Karl von Drais in 1817. Surprisingly, this invention came after Francois de Rivaz invented the first real (but mostly unsuccessful) internal combustion car in 1807. For hundreds of years since then, motorists and cyclists have shared roads with inevitably catastrophic consequences. Even the earliest cars offered more protection than bicycles, which makes cycling more dangerous in many ways. However, most of the hazards of riding a bike have nothing to do with mechanical design. Instead, many bicycle accidents in Virginia are caused by negligent motorists. If you think someone else caused your bike accident, here is what you need to know: 

Seek Medical Treatment Immediately After a Bicycle Accident

After a bicycle accident, you should prioritize medical treatment. Even if you believe you have suffered only minor injuries, call 911 and allow first responders to treat you. You should always play it safe after a collision, and you might not fully appreciate the extent of your injuries in the immediate aftermath. Adrenaline and shock can numb pain receptors, making it difficult to fully assess your own injuries. 

Traumatic brain injuries can be deceptively severe, even after a slight knock to the head. If you struck your head on the road, a vehicle, or any other object, you should ask for proper brain injury tests. These might include CT scans, blood tests, and other methods that can detect potentially fatal issues. Even if you feel completely fine, you might be in the early stages of an intracranial hemorrhage (brain bleed). This issue can cause fatal levels of pressure on your brain. Some patients have passed away without any warning, weeks after their accidents. 

Aside from the obvious need to prioritize your health, prompt and effective medical treatment also helps when filing an injury claim. Your medical records could become very important if you decide to sue a negligent motorist who caused your injuries. With these records, you can clearly establish that your injuries were caused by the collision. Without these records, a defendant might argue that your injuries existed before the accident. 

You May Face Problems if You Violate a Traffic Regulation

After a bicycle accident, you should also be aware of potential issues if you contributed to your own accident. While other jurisdictions may be more lenient in these situations, Virginia and Maryland take a tough stance against cyclists who violate traffic regulations before their accidents. Even a slight infraction could make it impossible to sue. 

For example, you might have used the wrong hand signal before turning right at an intersection. If a driver subsequently strikes and injures you, they might argue that they became confused by your incorrect hand signal. Perhaps you did not come to a complete stop at a stop sign, and you rolled through an intersection before a collision with a vehicle. In these kinds of situations, it might be difficult to pursue compensation for your injuries. 

That being said, an experienced injury attorney can help you push back against these allegations. There may be little evidence that you committed a traffic violation before the accident. In civil cases like bicycle accident lawsuits, the burden of proof is a “preponderance of evidence.” If the person who accuses you of negligence cannot show enough compelling evidence, you should still have the opportunity to pursue compensation. 

Does Insurance Cover Bicycle Accidents?

You might be aware that after car accidents, injured victims generally file claims with the insurance companies. Insurance ensures that injured victims can cover their various economic and non-economic damages after accidents, even if the at-fault party does not have enough personal wealth to pay these costs. But does this same logic apply after bicycle accidents? 

The answer is almost always “yes.” If you have your own car insurance policy, it generally provides coverage even if you are injured while riding your bike. In other words, you can file a claim even if you were not driving your own vehicle at the time of the crash. As long as the accident is traffic-related, you can turn to your own coverage. 

Of course, you can also file a claim against the at-fault driver’s insurance policy. Their insurance should cover your damages, and it represents the first priority when pursuing compensation. If the coverage is insufficient, you can turn to your own insurance provider. 

Note that you might need to use your uninsured/underinsured motorist coverage (UIM) if the driver who caused the accident does not have valid insurance. This course of action may also help if the driver fled the scene, which is a common scenario for injured cyclists. If the motorist was driving a stolen vehicle, the same logic applies. 

What Evidence Do I Need After a Bicycle Accident?

After a bicycle accident, it might help to gather evidence. While your first priority should be to create clear medical records that document your injuries, you can also gather evidence from the crash scene. Do not hesitate to take out your phone and snap a few photographs of the scene. Before first responders arrive, you might want to ask bystanders for their contact information. They may be willing to testify on your behalf as eyewitnesses. 

Of course, these steps might be impossible if you fell unconscious after the collision. Do your best, and consider working with a bicycle accident lawyer to gather evidence after the crash. 

Get Help From The Law Offices of Paul A. Samakow, P.C. 

If you’re not sure what to do after a bicycle accident in Maryland, consider speaking with an experienced personal injury attorney. Legal complexities can be daunting if you are recovering from a serious injury. Even if you feel like you have no time to explore the possibility of a lawsuit, an attorney can handle most of this process while you focus on healing. You do not need to become a legal scholar simply to pursue compensation for your injuries, and you do not need to navigate this process alone. Contact The Law Offices of Paul A. Samakow, P.C., today to discuss a potential pathway toward compensation.