Can Bicyclists Receive Compensation from a Driver Who Hit Them?

Bicycle Accidents

Bicyclists who are going about their day innocently and doing their best to share the road with car drivers may still find themselves being hit by a driver who was distracted or reckless. The injuries sustained after such an accident can include a concussion, broken bones, spinal cord injury, mental trauma, facial wounds, road rash, and more. It isn’t uncommon for victims of bike accidents to be ushered to the hospital for potentially life-threatening injuries.

After all is said and done, the victim may wonder if they are eligible to file legal action against the driver who hit them. In many instances, yes, the victim is entitled to financial compensation for medical costs, lost wages, and more. It is recommended that bicycle accident victims consult with an attorney as soon as possible after the incident for advice on what to do next.

What evidence do I need to get before leaving the scene?

If you do decide to take action against the driver who hit you, then it is vital to the foundation of your case to have proof of what happened. This means gathering the driver’s information, just as if you were involved in a car accident with them. Write down their name, contact details, car insurance company name, policy number, and driver’s license number. Be sure to ask to see their insurance card and license for yourself, to ensure they aren’t giving you false information. Other evidence to gather before leaving the scene includes:

  • Photographs of the damage, street signs, and your injuries
  • Names and phone number of bystanders 
  • Calling 911 so that an officer can write down a police report, which you can get a copy at a later time
  • Video or voice recordings of your interactions with the driver

Of course, only do the above if you are not in dire need of medical attention. If you believe your injuries are serious, then the officer who arrives at the scene can handle the evidence portion for you. Don’t hesitate to have an ambulance take you to the hospital if something doesn’t feel right.

What are signs that I have a serious injury?

If you feel off in any kind of way, you should go to the hospital for an evaluation. This also will give you documentation for your case against the driver regarding the severity of your injuries following the incident. If you didn’t receive medical care for your injuries, then trying to get compensation is going to be rather challenging. It’s in the best interest of your health to see a doctor, especially if you have any of the following symptoms:

  • A persistent headache that won’t go away
  • Soreness or pain in the abdomen area
  • Difficulty breathing
  • Wound on the skull
  • Dizziness, blurry vision, or confusion
  • Nausea or vomiting
  • Unusual swelling or bruising
  • Fainting or losing consciousness
  • Shortness of breath
  • Chest pressure
  • Persistent diarrhea
  • Uncontrolled bleeding

Contact a bicycle accident attorney, like a bicycle accident attorney in Memphis, TN, if you or your loved one has been in a bicycle accident.

Thanks to Patterson Bray, for their insight into whether bicyclists can receive compensation from a driver who hit them.