Commando303

As bicyclists, sharing the road with automobiles, many of us are aware of the risks of getting into accidents, yet, if it does happen, I imagine at least a number of us might be anxious as to what to do. I'd like to start this thread (I hope it can be made a sticky) as something everyone might care to read, preferably, before being involved in such an unfortunate occurrence (which, let's hope, doesn't happen). I am not a lawyer, and what I'll suggest is simply my opinion of things that ought to be kept in mind as guidelines. Even if one knows these basics, one might forget them in the heat of the moment, and if one is just starting to get into cycling amidst motorized traffic, these tips might end up being quite helpful.

So, if you're riding your bicycle and are hit by a car,

1. Do not get up and walk away from the scene of the accident. You might look down at yourself and see that everything looks reasonably OK and that your bike's suffered just a scratch or two, but you ought to go through with procedure, anyway, and not simply pedal away.

2. Encourage the driver of the vehicle to pull over. This ought to happen automatically, but, if the driver looks back and sees you're "all right," and thinks you're about to just ride away, he or she might do the same. Indicate that's not what needs to happen.

3. If the driver is intent to simply speed away (i.e., if you think this will be a hit-and-run case), squint for the license-plate number immediately, run it again and again in your head as you grab a pen, and jot it down (on your hand, if you must). Also, try to note the make of the vehicle (even "black four-seater" is better than, "something with an engine...").

4. While you wait for the police to arrive, exchange information with the driver, yourself, even though the cops ought to get it all, themselves, as they write their report. Be sure to collect the driver's name, ID number, insurance information, telephone number, and address; also note the automobile license-plate number the vehicle's make and model.

5. Gather witness information. If anyone saw what happened, ask if you could have their names, addresses, and telephone numbers.

6. Do not leave the scene until the police have arrived, and be sure to collect a copy of their police report.

7. Immediately afterward, visit the emergency room (if practical, get an ambulance to take you there — if nothing else, it'll save you a couple of hours in the waiting room). Even if you feel you're all right ("It's just a little blood — I'll apply some Neosporin"), go to the hospital. You can't always judge the extent of your injuries right after you've been hit, and a hospital report (which may include X-rays, etc.) is very important in any legal action. If you don't go in an ambulance, be sure to let hospital staff know your injuries were sustained in a motor-vehicle accident.

8. Contact a lawyer as soon as possible (i.e., on the same day, if you can). Unless you have your own personal attorney, this will probably be a personal-injury lawyer. Typically, the firm will charge you only if you win, when they will collect about a third of the award.

9. Let your job know what's happened, and record any amount of time you have to miss from work.

10. Do not run around discussing your case with everyone or posting big details on Internet fora (such as this), and do not admit fault (e.g., "I should have waited longer to cross") to anyone. People you know are likely to ask if you're "OK," but don't feel the need to detail your condition or state you're doing very well or have recovered nicely. Thank them for their consideration, then be vague (or, simply state you can't discuss the matter for legal reasons).

As I mentioned, I'm not an attorney, and am starting this thread just in the hope of helping fellow bikers. If I've left out anything important, please, fill it in, and if I've gotten anything wrong, please, correct me.

Thank you. Safe and happy riding.

*I'm note sure whether it's more appropriate to post this here or on the "Advocacy and Safety" board, so am doing so in both places. Sorry if that's wrong.

degnaw

Unless you feel like dishing out several thousand dollars, don't do this. If it turns out there's nothing wrong with you, I doubt your health insurance will pay up.

Heck, I passed out and was loaded into the ambulance unconscious (single bike accident) and my parents still gave me a hard time about the potential cost.

dwr1961

Thanks for the idea and effort, Commando,

This is great information... Just a few caveats and observations:

1. Always get as good a description of the vehicle and driver as possible - Even if the car is speeding away and you're choking on exhaust fumes. Even a partial plate number and the color and type of vehicle can help the police. If you can see the driver, memorize as much as you can about them. It may be all you have to offer, but if the accident (i.e. injury to you) is serious, the cops will assign a detective because we're now in felony territory if the driver flees.

1. As soon as you pick yourself up off the ground, call 911. Don't assume that someone else has done this unless a crowd has gathered and someone says "I called the cops and they're on their way. Dispatchers are used to getting a flurry of calls from an accident scene. Don't hesitate if in doubt.

2. Be wise when approaching the vehicle's driver. The first words out of your mouth should NOT be accusatory ("You cut me off; This is your fault: etc). You won't gain any cooperation that way. Sometimes they'll be pointing the finger at you ("You shoulda been on the sidewalk, etc.). Don't argue the your case. It doesn't matter at that moment.

Police are trained to keep the two parties in an accident apart - for very good reason. Sometimes these things can escalate. I've seen drivers "duke it out" after a fender bender. If the cops are there quickly, THEY'LL collect each party's personal information.

4. If the collision is bad enough for you to hit the ground ALWAYS file a police report. Do it ASAP. You may even be able to do this without going to the station (fax/mail/net). Your insurer will want this for medical / property claims. Don't wait.

5. You SHOULD get yourself checked out right away, however I would want folks to be aware that an ambulance is a very expensive ride (it will cost you about $1000 at minimum). Most insurers will pay the bill without a hassle, but it'll be one more creditor looking for payment. On the plus side, you will get seen quicker at the ER than if you walked in.

6. Lawyers are optional. Not every lawyer is going to get you a bigger settlement, and not every insurer is out to nickel-and-dime you... I'd wait to see how the claim process is working out before I rang up an attorney. Once you start down that path, know that Mr. Lawyer is going to take 30-40% of any settlement and the time frame for resolution just got a lot longer...

I hope that none of our Commuting Forum family - or anyone else - has to use this information - but the odds are highly against that... If it does happen, hopefully this thread can help you be prepared.

threephi

Great idea for a sticky and some good thoughts so far.

I will only emphasize that you should record the license plate (or as much of it as you can) of the vehicle that hit you as quickly as you can, no matter what the circumstances. If you end up not needing it and you have it, no harm done. But if you do need it and don't have it, the chance of tracking down your assailant is virtually zero and the cops will do nothing.

Commando303

In many places, the driver's insurance will have to pay for the ambulance, or there will be some sort of state program to handle the costs (in New York, for instance, there is the "No-Fault" program). Otherwise, your health-insurance might foot the bill (mostly or fully). If you're afraid the cost might come out of your pocket, of course, do whatever you feel is right.

Commando303

I'll add, it can be difficult (or impossible) to file a police report once you've left the scene of the accident — at the station, an officer might simply hand to you a D.M.V. accident form. If this happens, fill it out then keep a copy for yourself, but it would be better to let the police make a report at the accident site.

ModoVincere

shoot the cager on sight...then start asking questions.

j/k.

Assuming its not you in the accident:
First thing is to check physically....any major injuries? If so, start first aide immediately. Next thing to do is contact the police/paramedics. Get insurance information. Get witness contacts. Then, go to the hospital/dr's office and get checked out. Some injuries don't really present themselves immediately due to hormones overriding pain receptors.
If needed, contact a lawyer.

lil brown bat

If you're not going to get crushed by a vehicle, just lie on the ground and scream.

(only half kidding)

rowedave76

Your parents sound like swell people. If you pass out and lose consciousness, were you supposed to get on your bike and transport yourself to the hospital? If you get in a bike accident and have coverage, use it. Any insurance who denies a claim for an ambulance ride after a bike accident when the person goes unconscious is setting themselves up for a lawsuit.

Did you take a blow to the head? If not, passing out and going unconscious is a good sign of shock, you need immediate medical treatment there is the risk of death. If you did a blow to the head, you risk head trauma, and again you need to immediate medical treatment there is the risk of death.

Your parents sound scary, I'm glad they aren't mine.

rwp

Most people on the road are unconscious half the time, I don't see why he couldn't ride to the emergency room in that condition.

lil brown bat

Eh. Probably not shock; what most people call "shock" is nothing of the sort, and is not a life-threatening condition. Real shock is life-threatening, but it's rarely sudden onset unless you're gushing blood like a fire hydrant, in which case I don't think anyone is going to be questioning the appropriateness of transport to definitive medical care. Any loss of consciousness should be followed up, however, and doubly so following trauma.

DX Rider

Except if you're HIT by a car, than your medical insurance won't be paying anything. The cagers insurance will be.

Digital_Cowboy

Carry a small digital or disposable camera to document the accident scene, as well as to get pictures of the faces of any witnesses.

degnaw

My helmet was undamaged, so I didn't think I took any real blow to the head. And it wasn't really a hard time pertaining to that particular incident; they were just using the ambulance bill ($2000) for future reference that I should refuse an ambulance whenever possible.

FWIW, I passed out upon sitting up so I'm assuming that if I lay there a few more minutes I'd be fine.

TheDL

In case of an accident? Wear your helmet!

Then you can follow the rest of this stuff

Commando303

You can be knocked out without potential for death (in many cases), but, I didn't want to say it, your parents do sounds...jerky? At least from your statement. You were in a crash, you lost consciousness and were loaded into an ambulance, and your parents "gave you a hard time" about the potential cost. If you were knocked out, what alternative did you have but to be placed wherever someone placed you?

Commando303

That's more of a retrospective hope than a decision that can be made at the scene of the collision — either you have a camera or you don't.

Commando303

Sorry about the judgement I made, then.

mvMcfly

As a word of advise from someone hit in April. Get checked out by a specialist. Along with that, do not sign medical settlement papers with the insurance company until after you are checked by the specialist. ER doctors can miss diagnose things even after x-rays are taken.

lil brown bat

Probably, but the thing is, if you jut got tagged by a car, your judgment isn't going to be the best. With some first aid training, particularly combined with past experience in being injured, you may be able to assess yourself as being in no danger and not needing an ambulance, but I dislike the idea of expecting someone who's just been hit by a car to exercise perfect judgment about whether they need transport or not. For someone who lacks that perfect judgment, or even the very good judgment that comes from knowledge and experience with injuries, I question whether "refus[ing] an ambulance whenever possible" is a wise rule of thumb.

Digital_Cowboy

That's why I said to carry it with you. I carry a small HP R727 digital camera in my pannier bag. It takes up virtually no room and doesn't weigh very much. Granted IF it's a bad enough accident it's likely to get "creamed" in the collision but I still have it.

DallasSoxFan

When you call your primary car physician for an appointment and during the office visit, do not mention that your banged up knee (or whatever) is the result of an accident. If you do, they won't take your health insurance and you'll have to pay out of pocket and settle with the auto companies. Ginormous pain in the butt.

SSP

Most cell phones now come equipped with decent cameras, some including video.

Plus, with the cell phone, you can dial 911.

Or, if you're incapacitated, emergency personnel can check your cell for your ICE numbers.

dwr1961

This is very true... Many times right after an accident, a victim is not in a good position to assess his or her own injuries. Better to err on the side of caution. If there's ANY doubt, get checked out - and an ambulance ride shouldn't be rejected out of hand...

JanMM

Good advice. But, getting checked out might not require an ED right now. Seeing a health care provider later than now might be appropriate. If you need an ED right now, then go to the ED. If you need an ambulance, use one. Use health care services as appropriate, but err on the side of caution, as previously suggested.
If you feel great, but blacked out even for a moment, seek treatment/evaluation.