When a vehicle strikes a person, whether they are walking or riding a bicycle, the result can be devastating. In most cases, the driver of that vehicle should have yielded the right of way to the bicyclist. We here at Moaddel Kremer know how to evaluate your accident in order to determine if it is one of those instances.
If you were struck by vehicle while riding a bicycle, here are some things to keep in mind:
- If you were riding a bicycle, you should store your equipment and helmet in a safe location;
- Create a list of everyone identified at the scene of the accident;
- Collect the contact information of any potential witnesses;
- Save any photographs that you took at the scene of the accident;
- Take photographs of your injuries;
- Go back to the location of the accident and take additional photographs of the surroundings; and
- Do not agree to a recorded statement with an insurance company until you have consulted with your attorney.
Many drivers will say that the bicyclist appeared out of nowhere or that they didn’t see them. This is not a legitimate excuse. The driver of a motor vehicle does not have a greater right to the roadway than a bicyclist. The most common cause of these types of accidents is the driver not obeying simple traffic laws such as stopping at a red light, speeding, texting or talking on their cellular phone or simply making a turn without looking for bicyclists. There are more serious consequences for accidents that are caused by intoxicated drivers that can result in an award of punitive damages to punish the intoxicated driver.
Insurance companies try to elicit incriminating statements in an attempt to place the blame on you. Leave it to the lawyers at Moaddel Kremer to deal directly with the insurance companies and prove that your actions were not the cause of the accident.
The results of a bicyclist being hit by a motor vehicle can often be catastrophic and the injuries sustained can require long term medical care. It is important to understand your rights as soon as possible after the accident to start the process of making a case against the person or persons responsible for the accident. Don’t let them or the insurance companies get away with causing your accident.