5 Things Bicyclists Can Do to Protect Their Rights After an Accident

Being involved in a bicycle accident means you probably got pretty banged up and your bike was damaged. In order to protect your rights and get fairly compensated for your losses, there are proactive measures that you can take to protect your rights and increase the likelihood of getting the maximum compensation possible. As New Orleans bicycle accident lawyers, we have seen doing or not doing these things make a huge difference in how cases play out.

Collecting Evidence at the Scene of the Accident

The first step that bicyclists should take after being involved in an accident is to gather as much evidence as possible at the scene, if it is safe to do so. Your health comes first, of course. However, it can help establish liability and support your personal injury claim if you:

• Take photos: Use your phone to document the accident scene. Take whatever pictures or videos you can of things like the damage to your bicycle, any visible injuries, the position of the vehicles involved, traffic signs, skid marks, and anything else relevant.
• Note the details: After you’ve been examined by a doctor and given the medical treatments you need, write down a detailed account of what happened leading up to and during the accident. Include information such as the time and date, weather conditions, the road layout, and anything else that may have contributed to the collision.
• Get contact information: Be sure to obtain the name, phone number, address, and insurance information of the driver involved in the accident. Also, gather contact information from any witnesses who may have seen what happened. Again, put your health first and follow the advice of the first responders who arrive on scene.

Get Checked Out by a Doctor

After any accident, but especially a bicycle accident, you need to be examined by a doctor, even if you don’t think you have any serious injuries. Some injuries, such as internal bleeding or concussions, are not immediately apparent but can have severe consequences if left untreated. Additionally, getting checked out by a doctor will create a documented record of your injuries, which can be used as evidence when pursuing a personal injury claim. Finally, we can not overstate this: follow any recommended treatment plans and attend all necessary follow-up medical appointments. Not only will this ensure your health and well-being, but, again, it closes any potential loopholes in your case.

Report the Accident to the Police

No, it’s not just car accidents that need to get reported to local law enforcement, especially if there are any injuries or significant property damage. Provide the police with accurate information about the crash. When the police arrive on scene, cooperate with their investigation however you can. The police report will serve as an official documentation of the accident, including details such as the time, date, location, parties involved, and any witness statements. This report is a valuable resource when pursuing an insurance claim or a personal injury lawsuit.

Contacting Insurance Companies

After medical treatment and calling the police, you’ll need to contact your insurance company and the insurance company of the driver who hit you. Notify them about the accident and provide the necessary information. When communicating with insurance companies, be cautious and do not discuss the details of the accident or admit fault. Stick to the bare-bones facts and make your next call to a reputable, tried-and-true New Orleans bicycle accident lawyer who will let the insurance company know that they can not push you around.

Why Having the Best New Orleans Bicycle Accident Lawyer Matters

The proof is in the pudding, as they say! Here are some insightful statistics that highlight the importance of having lawyer after you’ve been involved in an accident:

• On average, individuals who hire a lawyer after an accident receive settlements that are 3.5 times higher than those who represent themselves. (Source: Insurance Research Council)
• Another study found that over 90% of accident victims who had a lawyer received a payout, compared to just about half of those who did not. (Lawyers.com)
• Research by Martindale-Avvo indicates that the average compensation without a lawyer is $17,600. Whereas, the average compensation amount for those with a personal injury attorney is $77,600, a boost of more than 400%.
• According to the Insurance Research Council, 85% of insurance payouts for bodily injury claims went to people with legal representation.
• The most common mistake do-it-yourselfers make is taking the first settlement offer and not negotiating. The average first settlement offer is about $11,000, where counteroffers average closer to $40,000.

Bicycle Accident FAQs

As New Orleans bicycle accident lawyers, here are some common questions we hear from cycling crash victims:

• What if the driver who hit me fled the scene? Try to gather as much information as possible, such as the driver’s license number or a description of the vehicle. Report the hit-and-run to the police as soon as possible.
• What if the insurance company denies my claim? If your insurance claim is denied, a lawyer can assist you in appealing the decision and pursuing legal action, if necessary.
• How long do I have to file a lawsuit after a bicycle accident? In Louisiana, you generally have one year from the date of the accident to file a lawsuit. 
• What if I was partially at fault for the accident? Louisiana follows a comparative negligence rule, which means that your compensation may be reduced if you were partially at fault for the accident. However, you can still pursue a claim and potentially recover damages.

Your Best Choice for a New Orleans Bicycle Accident Lawyer

At Egenberg Trial Lawyers, we are passionate about keeping the often crazy streets of New Orleans safe for everyone, especially cyclists. If you or a loved one has been injured in a bicycle accident, know your rights and speak to one of our experienced, savvy, trusted New Orleans bicycle accident lawyers right away. To schedule a free legal consultation and get all of your questions answered, contact our office now.