After a bicycle accident, the most important first step is to focus on your medical needs. Once the immediate emergency has passed, taking specific actions can help protect your well-being and your right to potential compensation for your injuries. Knowing how to document what happened and taking the next steps is crucial for your recovery journey.
Key Takeaways for What to Do After a Bicycle Accident
- Following a doctor’s medical advice is the most critical step after a bicycle accident to ensure a proper recovery and document the extent of injuries.
- Preserving evidence, such as the damaged bicycle, clothing, and photographs of injuries, is fundamental to establishing the facts of the incident.
- Keeping a detailed journal of physical pain, emotional state, and daily life disruptions provides a clear record of the accident’s impact over time.
- Indiana law grants bicyclists rights and responsibilities on the road, and understanding the concept of negligence is important in an accident claim.
- Communicating with insurance companies requires caution; a personal injury attorney can manage these interactions and navigate the legal process.
Your Health Is the First Priority: Continuing Medical Care
Nothing is more important than your physical and mental recovery. Even if you received medical attention at the scene or in an emergency room, the care you receive in the days and weeks that follow is just as vital. Adrenaline from the shock of a crash can mask serious pain and injuries. What feels like minor soreness could be a sign of something more significant.
It is essential to attend all follow-up appointments with your doctor, physical therapist, or any other specialists you are referred to. Following your prescribed treatment plan not only helps you heal but also creates an official medical record that documents the severity and duration of your injuries.
If you stop treatment too soon, an insurance company might argue that your injuries were not as serious as you claim. Be honest with your doctor about your pain levels and any new symptoms you experience, no matter how small they seem.
Some injuries are not immediately apparent after a bicycle accident. It is important to monitor yourself for any developing symptoms.
- Headaches or Dizziness: These can be signs of a concussion or a traumatic brain injury (TBI), even if you did not lose consciousness.
- Numbness or Tingling: Sensations of “pins and needles” in your arms or legs could indicate nerve damage or a herniated disc.
- Increasing Pain or Stiffness: Soft tissue injuries, like whiplash or muscle sprains, often feel worse a day or two after the incident.
Watching for these signs and reporting them to your doctor immediately ensures you get the care you need and that your medical records accurately reflect your condition.
How to Document Everything After a Bicycle Accident
When you are trying to recover from injuries, paperwork and details might be the last thing on your mind. However, thorough documentation is the foundation of a successful personal injury claim. This evidence helps tell the story of what happened and demonstrates the full impact the bicycle accident has had on your life.
Preserve Physical Evidence
The physical items from the crash are powerful pieces of evidence. It can be tempting to clean up or make repairs, but you should resist that urge until your case is resolved.
- Your Bicycle: Do not repair your bike, throw it away, or even clean it. The damage to the frame, wheels, and handlebars can help accident reconstructionists understand the force and angle of the impact.
- Your Helmet and Clothing: A cracked helmet shows it did its job protecting you, and torn or bloody clothing illustrates the severity of the crash. Keep these items in a safe place.
- Your Injuries: Take clear, well-lit photos of your cuts, bruises, scrapes, and any casts or medical devices you have to use. Continue taking pictures as they heal to show the recovery process.
This physical proof can be far more compelling than words alone when explaining the accident to an insurance company or a jury.
Start a Pain and Recovery Journal
Your memory can fade over time, but a written record is permanent. Start a simple journal to track your daily experiences after the bicycle accident. This is not just for your physical pain; it is a place to record how the accident has affected your entire life. Your notes will be incredibly valuable later to show the true extent of your non-economic damages, which are the personal, non-financial losses you suffer.
Your daily journal entries should include notes on a few key areas.
- Physical Pain: On a scale of 1 to 10, rate your pain levels throughout the day. Describe the type of pain, whether it is sharp, dull, or aching, and where you feel it.
- Emotional Well-being: Note any feelings of anxiety, frustration, depression, or difficulty sleeping. A serious accident can take a significant emotional toll.
- Daily Life Impacts: Write down any activities you can no longer do or that are now difficult. This could include things like walking your dog around your Fishers neighborhood, playing with your kids, or participating in hobbies you once enjoyed.
- Medical Treatment: Keep track of all doctor’s appointments, medication side effects, and therapy sessions.
This journal provides a detailed, day-by-day account of your recovery journey and serves as powerful evidence of your pain and suffering.
Understanding Indiana Bicycle Laws and Negligence
In Indiana, bicyclists have the same rights and are subject to the same duties as the driver of a motor vehicle. According to the Indiana Code § 9-21-11, you have a right to be on the road. When a driver fails to safely share the road and causes a crash, they may be considered negligent.
Negligence is a legal term that simply means someone failed to act with reasonable care, and their carelessness caused harm to another person. To build a personal injury claim, you generally need to show four things:
- Duty: The driver had a legal duty to operate their vehicle safely and watch out for others on the road, including cyclists.
- Breach: The driver breached, or violated, that duty. This could be through texting while driving, speeding, or failing to yield the right-of-way at an intersection on a busy road like 116th Street.
- Causation: The driver’s careless actions directly caused the bicycle accident and your injuries.
- Damages: You suffered actual harm, such as medical bills, lost income, and pain and suffering.
Common examples of driver negligence that lead to bicycle accidents include distracted driving, running a stop sign, turning in front of a cyclist, or opening a car door into a bike lane. Proving negligence is the key to holding the at-fault driver accountable for the harm they caused.
The Insurance Claim Process
Soon after the accident, you will likely receive a call from the at-fault driver’s insurance company. It is important to remember that the insurance adjuster is not on your side. Their job is to protect their company’s bottom line by paying out as little as possible.
Be Cautious When Speaking to an Insurance Adjuster
The adjuster may seem friendly and concerned, but you need to be very careful about what you say. They may ask to record your conversation or ask you to sign a medical authorization form. It is often wise to decline these requests until you have had a chance to speak with an attorney.
Here are a few tips for that initial phone call.
- Do Provide Basic Information: You can provide your name, address, and the date and location of the accident.
- Do Not Discuss Your Injuries: Simply state that you are still receiving medical treatment. Never say you “feel fine,” as this can be used against you later.
- Do Not Guess or Speculate: If you do not know the answer to a question, it is okay to say so. Do not guess about details of the accident.
- Do Not Agree to a Recorded Statement: You are not legally required to provide a recorded statement. These can be used to find inconsistencies in your story down the road.
Your best approach is to be polite but brief, and let the adjuster know that you will be seeking guidance before proceeding further.
Calculating Your Damages
The compensation you may be entitled to is referred to as “damages.” Damages are meant to make you whole again, at least financially, for all the losses you have suffered because of the bicycle accident. They are typically broken down into two main categories.
- Economic Damages: These are the tangible, out-of-pocket financial losses that have a clear dollar amount. They include all past and future medical bills, lost wages from being unable to work, and the cost to repair or replace your bicycle and other damaged property.
- Non-Economic Damages: These are the intangible losses that do not have a specific price tag but are just as real. This category includes compensation for your physical pain and suffering, emotional distress, scarring or disfigurement, and loss of enjoyment of life.
Calculating the full value of your claim, especially the non-economic damages, is complex. An experienced personal injury attorney can help assess all of your losses to determine a fair settlement value.
Why You Might Consider Speaking with a Fishers Bicycle Accident Attorney
Trying to handle a personal injury claim on your own can be incredibly stressful. An experienced bicycle accident attorney can lift that burden from your shoulders, allowing you to focus completely on your health and your family. An attorney works for you, advocating for your best interests every step of the way.
A lawyer can manage all the complex aspects of your case. They can investigate the crash, which might involve gathering the police report, interviewing witnesses, and even hiring experts to reconstruct how the accident happened, especially if it occurred at a complex location like a roundabout or near the entrance to a trail like the Monon. They will handle all communications with the insurance companies, shielding you from the pressure of adjusters.
Most importantly, an attorney will ensure all legal deadlines are met. In Indiana, there is a strict time limit for filing a personal injury lawsuit, known as the statute of limitations. According to Indiana Code § 34-11-2-4, you generally have two years from the date of the accident to file a lawsuit. If you miss this deadline, you may lose your right to seek compensation forever.
FAQ for What to Do After a Bicycle Accident
Navigating the aftermath of a bike crash can bring up many questions. Here are answers to some common concerns people have.
If the at-fault driver has no insurance or not enough to cover your damages, you may be able to file a claim through your own auto insurance policy’s uninsured/underinsured motorist (UM/UIM) coverage. This is a specific type of coverage designed to protect you in exactly this situation, and using it should not cause your own premiums to increase.
Indiana follows a “modified comparative fault” rule. This means you can still recover damages as long as you are not found to be 51% or more at fault for the accident. Your total compensation award will be reduced by your percentage of fault. For example, if you are found to be 10% at fault, your final award would be reduced by 10%.
If your bicycle accident was caused by poor road maintenance, a missing sign, or a dangerous road design, you may have a claim against a government entity, like the city of Fishers or the state of Indiana. These cases have very different rules and much shorter deadlines, so it is critical to speak with a lawyer as soon as possible if you believe a government agency was at fault.
Contact Wyant Law: A Compassionate Fishers Bicycle Accident Lawyer
We understand that a bicycle accident can turn your life upside down. You are dealing with physical pain, mounting medical bills, and uncertainty about the future. You do not have to go through this alone.
At Wyant Law, attorney Chris Wyant is committed to helping injured individuals and their families in Fishers, Carmel, Noblesville, Indianapolis, and throughout Indiana. We believe that lawyers should be approachable and easy to talk to. We will listen to your story with compassion, answer your questions in plain English, and give you an honest assessment of your situation.
While you focus on healing, we can handle the legal details of your case, from investigating the accident to negotiating with insurance companies on your behalf. Let us stand by your side on your road to recovery. Contact Wyant Law today at (317) 683-0333 or through our online form for a free, no-obligation consultation to discuss your bicycle accident case and learn more about your legal options.