Getting hit while riding your bike can be a scary and overwhelming experience. Whether you were just out for a quick ride or commuting to work, suddenly being involved in an accident can throw everything off track—especially when the accident involves a motor vehicle. You might be in pain, confused about what to do next, and unsure how to handle everything from insurance claims to medical bills.
Taking the right steps after a bike accident can make all the difference, not only for your health but also for protecting your rights and making sure you’re taken care of. Here’s a simple guide on what to do if you find yourself in this tough situation.
1. Seek Medical Attention Immediately
Your health and safety should always be your top priority. Even if you don’t feel injured right away, it’s important to see a doctor. Some injuries, like concussions or internal injuries, may not show immediate symptoms but can be severe. Additionally, prompt medical treatment will create a record of your injuries, which is extremely important for any potential legal claims down the road.
If you are unable to move or are seriously injured, stay where you are and wait for emergency medical personnel to arrive. Do not try to move or get up until they tell you it’s safe to do so.
2. Call the Police
Contacting the police is essential after any accident involving injury. Even if the accident seems minor, it’s important to file a police report. This report will document key details about the incident, such as the location, time, and the other driver’s information. It may also include details about the circumstances of the accident, which can be crucial when determining fault later.
Be sure to cooperate with the police but avoid admitting fault or speculating about the cause of the accident. Stick to the facts and let the police handle the investigation.
3. Gather Evidence at the Scene
If you’re able to do so safely, gather as much evidence as possible at the scene of the accident. This will be helpful for your case, whether you’re filing a personal injury claim or considering taking legal action. Evidence to collect includes:
Photos of the Scene (e.g., both vehicles, the road condition, the weather conditions, etc.)
Witness Statements
Driver Information (e.g., license, insurance information, contact information, etc.)
4. Report the Accident to Your Insurance Company
If you have bicycle insurance or if the motorist’s insurance covers cyclists, be sure to report the accident to the relevant insurance company as soon as possible. Reporting the accident will help ensure that your medical expenses, bike repairs, and other losses are taken care of. Even if the driver is at fault, it’s a good idea to inform your insurer about the incident.
5. Contact a Lawyer Experienced in Bicycle Accident Cases
Bicycle accident cases can be complicated, and the legal process may involve dealing with both the motorist’s insurance company and potentially your own. An experienced personal injury lawyer will help you navigate the complexities of filing a claim, negotiating with insurance companies, and, if necessary, filing a lawsuit.
A lawyer will also help you gather the evidence you need to support your case and ensure you don’t miss important deadlines for filing claims. In New Mexico, there are time limits (known as statutes of limitations) for how long you can wait before filing a personal injury claim, so acting quickly is important.
6. File a Claim and Pursue Compensation
After meeting with a lawyer, you’ll likely move forward with filing a claim with the at-fault driver’s insurance company. This claim will seek compensation for your medical bills, lost wages, bike repairs, and pain and suffering caused by the accident. If the insurance company offers a settlement, your lawyer will help you assess whether it’s a fair offer.
In cases where a settlement can’t be reached, your lawyer will help you file a lawsuit and seek justice in court. They will also represent your interests during this process and fight to get you the compensation you deserve.
7. Keep Detailed Records
Throughout the process, keep detailed records of your medical treatment, bike repairs, missed work, and other expenses related to the accident. This documentation will be essential in proving the full extent of your losses.
Protect Your Rights After a Bicycle Accident
Being hit while riding your bike can be a traumatic experience, but by taking the proper steps, you can help protect your rights and ensure that you are fairly compensated for your injuries and damages. From getting medical attention to working with an experienced lawyer, acting quickly and methodically will improve your chances of a successful claim.
At Hunt Law Firm, we specialize in helping bicycle accident victims in Santa Fe and across New Mexico get the justice and compensation they deserve. Contact us today for a consultation and let us help you navigate the process.