Accidents happen. Sometimes, despite your best efforts to "keep the rubber side down," you just can't stay upright. Here are some helpful tips in the event of a crash.
1. Assess the situation.
If you're like me, the first question you ask after an accident might tend to be, "How's my bike?" Resist that urge. Instead, take a few minutes to assess your personal situation and to make sure that you're in a safe location. If you're capable, move yourself and your bike to safety. If your bike was thrown any distance from you, take note of its location as you will need to provide this information to the authorities. If you're in serious pain (e.g., having neck or back pain, or think that you may have broken a bone), don't try to move or you may further injure yourself.
Begin to look for witnesses, to evaluate the scene, and try to remain calm. If you were struck by a motorist or another party, resist the urge to confront or argue with him/her. If the police arrive, you need to be cool-headed and rational, not hot-tempered and emotional.
Begin to look for witnesses, to evaluate the scene, and try to remain calm. If you were struck by a motorist or another party, resist the urge to confront or argue with him/her. If the police arrive, you need to be cool-headed and rational, not hot-tempered and emotional.
2. Seek medical attention.
If an ambulance arrives, do not reject a medical examination. A seemingly small injury could wind up being something much worse and your adrenaline might prevent you from feeling the full effects of your injury while you're still on the scene of the accident. Even if you feel okay, it is best to let the paramedics do their job. If you struck your head in the accident, twisted your neck or back, or think that you might have any broken bones, get to the hospital immediately.
If you're hurt and an ambulance has not yet arrived, call 911 or have someone do it for you. Cyclists are tough folks, there is no doubt about that. But do not downplay the severity of the accident or your injuries to the authorities. Paramedics and the police will take notes regarding your condition. Most of what they report comes from you! If you downplay the accident or your injuries, that gets written into a report that may come back to haunt you in a subsequent lawsuit. So, be honest, but don't understate the facts.
Also, note that police reports in Pennsylvania are typically reserved for accidents where a vehicle is towed or where someone is injured. Since your bike is not going to be towed, you need to convey the significance of your injury to the authorities because a police report will typically be generated only if someone goes to the hospital. So, in the event of an accident, call 911 and take a trip to the local ER in the ambulance. You're better safe than sorry and, if your injuries turn out to be worse than you initially thought at the scene, you'll be glad that you took a trip to the hospital and obtained a report. You may need that police report down the road in order to establish liability against another party, to assert an underinsured or uninsured motorist claim, and to preserve facts and evidence such as witness statements and measurements of the scene of the accident.
Also, note that police reports in Pennsylvania are typically reserved for accidents where a vehicle is towed or where someone is injured. Since your bike is not going to be towed, you need to convey the significance of your injury to the authorities because a police report will typically be generated only if someone goes to the hospital. So, in the event of an accident, call 911 and take a trip to the local ER in the ambulance. You're better safe than sorry and, if your injuries turn out to be worse than you initially thought at the scene, you'll be glad that you took a trip to the hospital and obtained a report. You may need that police report down the road in order to establish liability against another party, to assert an underinsured or uninsured motorist claim, and to preserve facts and evidence such as witness statements and measurements of the scene of the accident.
But what about the costs of medical care? Do not let that concern deter you from obtaining necessary medical attention. If the accident was caused by a motorist, there is a good chance that you can recover from the driver's insurance or from your own automobile insurance carrier. If you don't have a car or your own insurance policy, you may qualify as an insured under a family member's automobile insurance policy. If the accident was a hit and run, which qualifies as a crime, you may be eligible to receive medical and/or income loss benefits from the Victims' Compensation Assistance Program. In short, don't skip a hospital visit because you don't think you can afford it. Even if you think the accident was your fault, get to the hospital!
3. Gather some evidence.
If you are able to move around after an accident, talk to any witnesses on the scene and save their contact information. If the accident involved a motorist, get his or her name, address, phone number, and insurance information. If the police arrive, tell them what happened but don't understate your injuries or offhandedly accept some or all of the liability. Some police officers tend to have a bias against cyclists and they will report a "minor injury" or "no injury" if that is what you tell them.
Be honest with the police, but remember the old maxim: "anything you say can and will be used against you in a court of law." In a civil lawsuit, admissions that you make at the scene of an accident or in a police report can be used against you. And, as noted above, you may not fully appreciate how bad the accident or your injuries are until after your nerves calm down and your adrenaline levels return to normal. So, don't admit fault, don't understate your condition or your injuries, and get the names of the other driver and any witnesses.
If the accident involves a hit and run, report it to the police and your insurance company as soon as you possibly can. You may be able to recover uninsured motorist benefits from your own insurance carrier, but only if you notify the police AND your automobile insurance carrier within 30 days of the accident.
4. Next, examine your bike.
Even if you feel well enough to ride, you should consider calling a friend or a taxi for a ride home or to the hospital. You might have a mild concussion or a hairline fracture. After crashing in the 2014 Tour de France, race-favorite Alberto Contador rode his bike for half an hour with a fractured tibia bone before pulling out of the race. Then, he required surgery. It took defending champion, Chris Froome, two crashes in a single day of the 2014 Tour de France before he pulled out of the race.
You are not Alberto Contador or Chris Froome. You're not contending for a World title. So, unless you're 100% certain that you're not injured and your bike is not damaged, it is probably best to call for a ride and to stay off the bike for (at least) a little while.
If you are going to get back in the saddle, make sure that your fork is not damaged, your handlebars are not broken, and your wheels are not bent. If they are, do not ride. Also, if your cranks, saddle, or seat post are bent or broken, stay off the bike. It is also a good idea to take your bike into a local bike shop after any accident to assess its condition, check for damages, and true your wheels. If your helmet stuck the ground or a vehicle, you should replace it. Save any receipts for services to your bike or expenses resulting from the accident, as those can be proof of damages that you can submit for reimbursement in a later lawsuit or insurance claim.
5. The aftermath.
5. The aftermath.
Many times after a traumatic event, pain takes a few hours to set in. Have you ever done a hard workout, felt good, but then felt incredibly sore the next day? Muscle strains and sprains sometimes take a few days to fully develop. If you have left the scene of a bicycle accident feeling well, only to develop soreness hours or, even, days later, it is crucial to seek proper medical attention from your family care physician or a walk-in medical clinic. In addition to getting evaluated for injuries and obtaining peace of mind, if you need to file a lawsuit for damages down the road, documented medical treatment will be necessary to establish your claim. Your primary care physician can refer you for x-rays, send you to an orthopedic physician, and prescribe physical therapy, if necessary.
As soon as possible after the accident, contact the insurance company of the other driver and/or your own insurance carrier. You will need to file a claim in order to receive any benefits. The insurance company may send you forms and ask for a statement. If you are asked to provide a written or recorded statement, you should refuse to do so before talking to a lawyer. Again, anything you say (orally or in writing) can and will be used against you in court! If you are asked to sign any medical authorizations (which serve to release your privileged medical treatment records to the insurance company), you may also want to consult an attorney. At the very least, you should restrict the authorizations to releasing medical treatment records relating specifically to your accident. In most cases, the authorizations sent by insurance companies are broad and unlimited. You need to restrict what is released by the authorization to the treatment that you received after the accident. Otherwise, the insurance company will be able to review all of your medical records from any provider included on the authorization. For this reason, consultation with a lawyer may be required.
Even if you decide not to retain a lawyer to assist you with your claim, it is helpful to speak with a lawyer about your accident, your injuries, and the claim process. Most lawyers - including me - will provide a free initial consultation.
6. Something to consider before your next ride.
Even if you decide not to retain a lawyer to assist you with your claim, it is helpful to speak with a lawyer about your accident, your injuries, and the claim process. Most lawyers - including me - will provide a free initial consultation.
6. Something to consider before your next ride.
If you are going to be on the road, always carry identification or purchase Road Id or a similar product. Road Id identifies you and your important personal contacts to the authorities in the event that you cannot provide the information yourself.
Also, current medical research is revealing how concussions and even mild traumatic brain injuries can lead to long-term health problems. Some medical providers, such as NovaCare Rehabilitation, provide baseline concussion testing. A baseline concussion test allows a clinical team of specialists to compare your personal results from before a diagnosed concussion to your post-accident results. Using that data, a specific healing and rehabilitation protocol can be established for your specific injury. If you ride a bicycle on a frequent basis, it is a good idea to get yourself screened and establish a baseline for concussion analysis.
Before departing for any ride, you should let friends or loved ones know when and where you're going to be riding. From personal experience, I recommend that you be honest regarding your ride times. If you are going for a three hour ride, do not tell your friends or loved ones that you will only be gone for two hours. Initially, they'll worry about you when you do not come home on time. And, eventually, they'll start to add an hour on to your stated ride time. When that happens, you might find yourself stranded without aid for a significant period of time. So, be honest about your ride time and carry identification because you can't always keep the rubber side down.
Also, current medical research is revealing how concussions and even mild traumatic brain injuries can lead to long-term health problems. Some medical providers, such as NovaCare Rehabilitation, provide baseline concussion testing. A baseline concussion test allows a clinical team of specialists to compare your personal results from before a diagnosed concussion to your post-accident results. Using that data, a specific healing and rehabilitation protocol can be established for your specific injury. If you ride a bicycle on a frequent basis, it is a good idea to get yourself screened and establish a baseline for concussion analysis.
Before departing for any ride, you should let friends or loved ones know when and where you're going to be riding. From personal experience, I recommend that you be honest regarding your ride times. If you are going for a three hour ride, do not tell your friends or loved ones that you will only be gone for two hours. Initially, they'll worry about you when you do not come home on time. And, eventually, they'll start to add an hour on to your stated ride time. When that happens, you might find yourself stranded without aid for a significant period of time. So, be honest about your ride time and carry identification because you can't always keep the rubber side down.
Thanks for reading.
Matthew F. Dolfi, Esquire
Dolfi Law PC
BNY Mellon Center
500 Grant Street, Suite 2900
Pittsburgh, Pennsylvania 15219
412-227-9724
Website:
www.dolfilawpc.com
Facebook page:
https://www.facebook.com/PghBikeLawyer
Important notice:
The information provided in this blog article is not legal advice. The information and opinions provided herein are solely for the general interest of the visitors to this website. The information contained herein is only applicable to general principles of law in Pennsylvania and may not reflect current legal developments or statutory changes in various other jurisdictions. Therefore, the information and opinions contained in this blog should not be relied upon or interpreted as legal advice. No aspect of this blog article should be interpreted as establishing an attorney-client relationship between the reader and its author. Anyone reviewing this article should not act upon any information contained herein without first seeking the advice of legal counsel.
Dolfi Law PC
BNY Mellon Center
500 Grant Street, Suite 2900
Pittsburgh, Pennsylvania 15219
412-227-9724
Website:
www.dolfilawpc.com
Facebook page:
https://www.facebook.com/PghBikeLawyer
Important notice:
The information provided in this blog article is not legal advice. The information and opinions provided herein are solely for the general interest of the visitors to this website. The information contained herein is only applicable to general principles of law in Pennsylvania and may not reflect current legal developments or statutory changes in various other jurisdictions. Therefore, the information and opinions contained in this blog should not be relied upon or interpreted as legal advice. No aspect of this blog article should be interpreted as establishing an attorney-client relationship between the reader and its author. Anyone reviewing this article should not act upon any information contained herein without first seeking the advice of legal counsel.
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