Commuting - What to do if you crash with a car???

This is excerpted from

Is Cycling “Safe?”
By Steven M. Magas, Ohio’s Bike Lawyer

IF YOU ARE IN A BIKE CRASH…

1. Don’t Move. Many of my clients want to jump up and check on their bikes right away. Don’t do it. Just lie there and do a self-assessment. Have you lost consciousness? Can you feel/move your arms and legs? Are you bleeding? Do you have pain? Sharp pain? Shooting pain? Be able to describe how you are feeling to paramedics and EMT’s who will arrive.

2. Call the POLICE at 911. Always wait for the police to respond to the accident scene so that an official report will be filed. Do not let anyone talk you out of calling the police. Many times cyclists do not realize that they have been injured until several hours after the accident. By then, it may be too late to identify the at-fault driver or properly document the crash. Many drivers who cause accidents will initially apologize and accept blame for the accident at the scene, but later, after they have time to consider the ramifications, will deny that they were negligent. This is particularly true in bicycle crashes. The police accident report will include the driver’s statements as well as all other witness statements.

3. Seek medical attention. Riders tend to be very self sufficient and tough. Many will try to turn down offers of medical attention. DON’T DO IT. Accept help this time. Let the EMT’s treat you. This is proof that you were, in fact, injured and the medical records generated by the medical provider will help establish the extent of your injuries.

4. Take Photos. Take several photos from different angles and lighting of your injuries as soon as possible after the accident. You can’t have too many photos. Photograph the scene, the bike, the other vehicle or dog, your wounds. The grosser and yuckier the better!

5. Keep a Journal. Keep a journal (injury diary) of your physical symptoms starting immediately after the accident and make entries every day.

6. Don’t fix your bike right away. Riders tend to be tinkers and self sufficient. They want to get back to RIDING and get the bike fixed quickly. You need to keep your bike and clothing in the condition that it was in after the accident. Get the property damage assessed by an expert. Get a report of the damage AND of the “value” of the bike. Under Ohio law, your property damage recovery cannot be greater than the value of the bike. Thus, if an insurer says your used bike was only worth $100.00, they will try to cap your property damage claim at $100.00! Have a competent professional shop make an independent assessment of your bicycle and gear.

7. Stay Organized. Keep every single piece of paper relating to the crash, your injuries and your recovery organized. You will need them either in handling the claim or when you meet with an attorney...

read the entire article http://ohiobikelawyer.com/bike-law-101/2009/09/what-should-you-do-if-you-are-in-a-crash/
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This is excerpted from

Is Cycling “Safe?”
By Steven M. Magas, Ohio’s Bike Lawyer

IF YOU ARE IN A BIKE CRASH…

[…]
6. Don’t fix your bike right away. Riders tend to be tinkers and self sufficient. They want to get back to RIDING and get the bike fixed quickly. You need to keep your bike and clothing in the condition that it was in after the accident.

Thanks for the link, it has some good practical advice.

There is an important legal reason for the sixth point: Making repairs before a driver's insurance company is able to inspect the damage to the bike (and helmet or other damaged items) may (depending upon your particular jurisdiction's laws) preclude ANY claim for damages (even just for bike repair or replacement). The legal term is "spoliation" of evidence. If legal action against the responsible driver is a possibility, you may be legally required to preserve the objects in the same condition they were immediately after a crash (at least until your own insurer or attorney advises it is okay to repair or dispose of them).

Die gallantly comes to mind ...

Just lie there and do a self-assessment. Have you lost consciousness?

:lol:

1. Don’t Move. Many of my clients want to jump up and check on their bikes right away.
After many of my crashes I wanted to jump the hell out of the road so I didn't get flattened instead of just bruised! :twitchy: :twitchy:

Maybe, but unflattened you will clearly be worth a lot less to a lawyer.

The first sign that you've sustained serious head trauma: you remain calm and recall the advice of a lawyer's website. Then you remain in the street because you don't want to ruin your lawsuit.

After many of my crashes I wanted to jump the hell out of the road so I didn't get flattened instead of just bruised! :twitchy: :twitchy:

Yes, my first thought after getting broadsided by a red light running cyclist was about the cars coming from behind me.

Just lie there and do a self-assessment. Have you lost consciousness?

Last time I lost consciousness, I think I wasn't doing a self assessment :P Other than that it's pretty good. If you remember it all at the time of the accident I doubt if you're hurt tho. :)

you remain in the street because you don't want to ruin your lawsuit.

Well, I've probably already ruined my work suit, so I wouldn't want to ruin my law suit as well...

I always thought it was instinct to try to stand up immediately after being knocked down, especially if you're disoriented. I've seen videos of some gnarly accidents where the people, even with mangled legs, will immediately try to stand up.

Yeah, there's obviously a pretty strong "I'm in danger, get outta here" instinct operating there. Could that really be held against you in a lawsuit? The medical people who are actually qualified to do the injury assessment aren't going to be telling their findings to the guy who hit you, after all.

Well, I've probably already ruined my work suit, so I wouldn't want to ruin my law suit as well...

Getting hit by cars is hard on the birthday suit in the bargain.

Other than point 1. this all assumes you weren't at fault.

i.e. Did you run into the back of a clearly stopped car?

Other than that, not bad I suppose. With the caveat that others have said, not good to lay in front of fast traffic.

Yeah, there's obviously a pretty strong "I'm in danger, get outta here" instinct operating there. Could that really be held against you in a lawsuit? The medical people who are actually qualified to do the injury assessment aren't going to be telling their findings to the guy who hit you, after all.

Absolutely not.
Your ability to at least pick yourself up and remove yourself from further harm will not diminish the validity of your injuries. In fact many severe traumas don't manifest until well after the incident.

I agree - if I'm going down, the first thing I'm going to do is try to remove myself from further harm. If I'm in the road, at least.

Nothing quite like that ... "Ok, I'm down and awake, I wonder what was behind me?' feeling. SCRAMBLE

Nothing quite like that ... "Ok, I'm down and awake, I wonder what was behind me?' feeling. SCRAMBLEYeah, did this after a motorcycle accident, hit the back of a moving car, (pulled out in front of me.) rolled off his roof into the roadway. I knew, there was fast traffic from both directions, popped up, looked in front, looked behind, everyones stopping, good. "Aghh! My bike!" took a step towards it, my legs said, "Oh, no you don't!" and I pitched forward onto my face.

Maybe, but unflattened you will clearly be worth a lot less to a lawyer.

Perhaps, but a lawyer may not be able to help a flattened cyclist much anyway.

Perhaps, but a lawyer may not be able to help a flattened cyclist much anyway.

Gawd knows they'll try somehow :P

Looks like good advice, thanks... I'll be touring in the USA this winter and wonder what the "normal" course of action would be after an accident (with a car) where minor injuries were sustained and the bike slightly damaged... call cops or not, exchange of ID and such?

Call my PR firm.

Biking Rules - What to do in a crash (http://bikingrules.org/rules/crash)