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Report Your Crash

BICYCLE ACCIDENT CRASH CHECKLIST

What to do Immediately After The Accident

I’d like to add an intro paragraph here, Matt, and I wondered if you had a good way to introduce counsel and suggestions to a reader to make it personal for you. Example: If you ever find yourself in a situation where you have been struck by a motorized vehicle while riding your bike, here are a few ideas to take into consideration:

  • If a car was involved, tell the driver to stay until the police arrive. If they refuse to wait or don’t provide ID, get the driver’s and the car’s description, vehicle’s license plate #, and state of issue.

  • Call (or ask someone to call) 911 and ask for the police to come to the scene.

  • Get name and contact info for any witnesses. Ask them to remain on the scene until police arrive, if possible.

  • Ask for the driver’s license and insurance card. Write down the name, address, date of birth, and insurance information.

When Law Enforcement Arrives

  • Ask them to take an incident report (required for all bike collisions, SFPD General Order 9.02b).

  • Get reporting police officer’s name and badge number.

  • If you’ve been doored, ask the officer to cite the motorist for dooring (a violation of CVC 22517).

  • Ask the officers to speak to witnesses, if possible.

  • While a doctor’s report of your injury is vital for insurance and/or legal action, you do not need to take an ambulance. If there is any complaint of pain, police must take an incident report (SFPD General Order 9.02b).

After the Accident

  • Contact witnesses to ask them to email you their version of what happened while it’s fresh in their minds. Email yourself a description of what happened with relevant information and capture as much detail as possible.

  • Take good photos of your injuries and any bike damage. Get an estimate from a bike shop before making repairs.

  • Request a copy of the incident report from the police.

FIRST STEPS

File a police report. Police reports are decisive evidence. Immediately after the crash, ask anyone who may have seen the bicycle accident to call the police and give you their contact information. Wait for the police at the scene. Insist that the police take a report. General Order 9.02 requires that the SFPD take a report for any case involving injury, which includes a ‘complaint of pain’ — you do not need to get into an ambulance for the police to file a report. If you have not filed a report at the bike crash scene, you can do so at any police station after the fact.

If you suspect that the driver may have been using a cell phone or was otherwise distracted, tell the police officer and double-check that they have included that statement in the police report. Proof can be attained later by viewing the driver’s cell phone bill. The police will give you a receipt with instructions for attaining a copy. If the police report turns out to be inaccurate, go to the police station and submit a revision. The police report is one of the most critical tools in settling your case with the insurance company.

Make sure you get complete information about the driver and the vehicle involved in the incident. Copy all of the information from their driver’s license, insurance card, and license plate. Get the contact information of every witness available. Follow up with witnesses and ask them to email you what they remember immediately, before memories fade.

KEEPING RECORDS

Keep a detailed diary of everything in one place — buy a small notebook just for this long process. Write everything down: descriptions of the incident, physical reports of everyone involved, a daily log of your injuries and pain, records of any economic losses, notes of all conversations relating to the crash, mainly names and employee numbers of insurance agents and police. After every conversation with the insurance company or other party, send a confirming letter restating the points discussed. It can take a long time to settle your claim, so keep everything carefully organized.

Preserve all evidence. Take photos of your injuries each day, and photograph any damage to your bicycle or other personal property. Physical evidence, including your damaged bicycle or clothing, should be intact. When you bring your bike to the shop, tell them it was the result of a crash, and you plan to file a claim against the insurance company. They will detail all of the damages for you to make your claim easier.

Get medical treatment immediately because those medical records are vital to attaining a fair settlement. Medical care can be expensive, but if the driver is at fault, you are entitled to be reimbursed for reasonable medical expenses and pain and suffering caused by the injuries. In some cases, medical care providers will accept a lien in place of payment.

If the insurance company phones you, it is your right to refuse to speak with them when appropriate for you. Keep in mind that staff at an insurance company’s first job is to avoid paying claims, so be cautious about what you say and speak to them only when you are in a place where you aren’t distracted and can focus on the issue at hand. Everything you say is recorded and can be used to refute your claim.

CRIMINAL OR CIVIC OR BOTH

Your case may involve a crime. If the driver was acting recklessly, on purpose, or under the influence of drugs or alcohol, Florida Penal Codes which may apply include (but are not limited to): assault; assault with a deadly weapon; battery; drunk or drug-influenced driving; hit and run; reckless driving; opening a door into (bicycle) traffic.

Even if you were not injured, you might still be entitled to recourse under criminal law if you are a victim of a crime. Failure to signal a turn, turning from a lane other than alongside the curb, speeding, and running stop signs are all crimes contributing factors to crashes — be sure the police understand what actions led to the crash.

If you are a victim of a crime, you are entitled to a police report and an investigation. If a police report was not taken at the scene, go immediately to the police station to make a report. In a few days, you can request a copy of the information. Check it for accuracy and report inaccuracies back at the police station. Follow up on the investigation with phone calls and letters. Speak with an attorney regarding your rights.

If you are the victim of a crime, you may be entitled to state victim support services. Information is available from the Victims of Crime Resource Center: (813) 253-0097. If your injuries result from the driver’s criminal activity, you may be entitled to punitive damages in addition to pain and suffering.

DO YOU NEED A LAWYER?

If you are severely injured, have long-term or permanently disabling injuries, or were injured in a crime, you should consult with an attorney as soon as possible. If you do not know of a good lawyer you can trust, call your local bar association or see our list of bicycle-friendly lawyers. In addition to private lawyers, the Law Offices of Bicycle Accident Law provides free consultation in some cases: (813) 253-0097.

If your injuries are minor and your case uncomplicated, you may want to attempt to handle your claim on your own. Benefits of representing yourself include self-empowerment and considerable savings on fees. If you are at fault, your injuries are minor, and/or the driver is unknown or uninsured, it may be challenging to find an attorney who will help you on a contingency basis (instead of paying the attorney by the hour, the attorney takes a proportion of your settlement in a “contingency”). Simply put, lawyers are expensive — if your injuries or damages are less than a few thousand dollars and you have the driver’s insurance information, a lawyer is probably not necessary.

STATUTE OF LIMITATIONS

You have a limited time to sue someone, after which the injured person can file no lawsuit to seek compensation for their injuries. In California, the time limit is generally two years from the date of the incident.  However, in cases involving a Local, County, or State governmental entity or agency (for example, MUNI, AC Transit, CalTrans, BART, etc.), a governmental claim must be filed with the governmental entity within six months of the incident (and a lawsuit filed within a certain amount of time after the claim is filed or rejected).

WHO IS AT FAULT?

The car might have been bigger than the bike, but that doesn’t make the driver at fault. For example, a bicycle illegally cutting across traffic in the middle of a block might be at fault. However, blame can be shared. If the driver had plenty of time to stop but had been negligently distracted by his cell phone, the responsibility may be partially his. Usually, you don’t need to prove fault. As long as you make a reasonable argument that an insured driver was negligent, the insurance company will usually settle the claim. Insurance companies will usually prefer to pay a nominal claim settlement rather than pay the expense of going to court.