When Bikes and Cars Collide: Protecting Your Rights

Biking is a healthy, inexpensive way to get where you need to go, get exercise, and even save money. Riding a bike isn’t restricted to kids and teens who don’t drive anymore. While they do still make up the majority of riders, Bicyclinginfo.org shows an increase in the numbers of riders over the age of 16. With approximately 57 million people sharing the roads with other vehicles, it is no surprise that at times, they can collide.

Biker riders are required to follow the laws of the road, just as drivers are expected to. When bike accidents occur with cars it must be determined who was negligent, or who was responsible for the accident. A recent accident the San Francisco between a cyclist and a garbage truck resulted in the death of a cyclist, as reported in the San Francisco Injury Attorney Blog. The resulting case will be held to determine negligence, and if any compensation is due to the cyclist’s mother. She will have to prove that the driver was negligent and that her son was not at fault.

If you are involved in a bike accident with a car, there are very important steps you must take in order to protect your rights, and to determine who was negligent in the accident. NOLO outlines these steps as the following:

• Always wait for the police to arrive – it is important, even if you think you were not injured to wait for the police arrive to file a report.
• Make sure your version of events are recorded in the accident report – the police don’t always take a statement from the cyclist, make sure that your side of the accident is recorded in the report.
• Obtain driver and witness information to contact them – get all information that you can from the driver, such as drivers license, address, and phone number. Also get contact information from any witnesses to the accident.
• Document exactly what happened – write down your own version of what happened, including time, place, weather, and any contributing factors you can remember.
• Document any injuries you have, even small ones – often times injuries may seem minor at the time, but can develop into major problems later. Keep a journal if problems occur, tracking your symptoms, treatments, and any cost or loss of wages due to the injuries.
• Preserve any evidence, such as bike, helmet, clothing – do not attempt to fix or repair any damages that occurred due to the accident. Don’t wash the clothes or throw them away. Take pictures of the bike, helmet, or any other equipment. Do not release any evidence to anyone other than your attorney.
• Seek legal advice from a personal injury lawyer – the legal issues involved in accidents can be very complex. Contacting a personal injury lawyer can help you through the process.

By following those steps if you are in a bike accident, you can be more certain of protecting your rights in a court of law. These steps will help you prove that you were not negligent in your actions while riding your bike. While the safety of riding a bike increases, with bike lanes, awareness of drivers, and better equipment, it is still possible that accidents may occur. Ensuring your rights in bike accidents can protect you from being legally hurt too.