Bike Noob

Because I'm Always Learning Something New

  • Home
  • About
  • Contact
  • Partners

You and a Car Have Collided. Now What?

12.13.2012 by Ray Niekamp // 5 Comments

This is a guest post by attorney Mike Bomberger, who practices bicycle accident law.

In almost every state a bicycle is considered a “vehicle,” therefore just like motorists, cyclists are required to follow the rules of the road. Unlike pedestrians, bicyclists do not always have the right-of-way and must adhere to all signs and signals. The issue of liability lies with whichever motorist or cyclist failed to obey the law.

iShareTheRoadSignContrary to popular belief, only 11 percent of bicycle accidents involve a collision with a car. The other 89 percent either involve other bicyclists, pedestrians or are due to cyclists losing control of their bikes because of hazardous weather or road conditions. If you are ever part of that 11 percent it is important that you know your rights and the proper steps to take after the accident:

  • Remove yourself from any additional danger. Be sure to get yourself and your bike out of the road to ensure your safety, and to prevent any additional vehicles from hitting your bicycle.
  • Notify the police. You and the motorist are legally obligated to remain at the scene if you or anyone else has been injured, or if there has been any property damage.
  • Gather as much information as possible after the crash. Take photos, preserve evidence, write down the driver’s license plate number, note any road hazards and traffic signs that may prove liability and obtain the driver’s insurance information. You should also check for witnesses and obtain contact information and/or written statements form them.
  • Never negotiate with the motorist. With your adrenaline running high, your body may be masking the extent of your injuries and you could have more bodily damage than you think. Even if the driver accepts blame at the scene of the accident, they could later change their mind and deny blame, or even the accident altogether.
  • Although insurance companies may appear to be on your side, never negotiate with them or admit any fault. They can use everything that you say against you in order to avoid paying out.
  • Be sure the police take your report, and not only the motorist’s. Have the police document any injury or damage to yourself or your bike, regardless of how minor it may seem at the time.

Before contacting your insurance company, you should speak with a personal injury attorney who can advise you on how to deal with them. An attorney can also help you receive compensation for medical bills, lost wages, bike repair, pain and suffering and disfigurement.

Mike Bomberger is a seasoned litigation and trial attorney, who has been involved in numerous multi-million dollar recoveries for his clients.  He is a founding partner of the California bicycle accident law firm, Estey & Bomberger, LLP.  http://www.esteybomberger.com  

Like this:

Like Loading...

Related

Categories // crash, Safety Tags // car-bike accident, crash

Comments

  1. Noni Boloni says

    December 15, 2012 at 10:51 am

    Good post, but… You couldn’t find a Bicycle ad for support? Big truck in San Antonio killed a couple on a tandem. The driver admitted he wasn’t looking at the road, yet still got off without a slap on the wrist. Strange placement.

    Reply
    • Bike Noob says

      December 15, 2012 at 9:45 pm

      Sorry, but I don’t understand your meaning. I do not accept ads on this blog. I am aware that WordPress will drop in the occasional ad, but I have no control over that, and I do not see an ad attached to that post.

      Reply

Leave a ReplyCancel reply

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Get Email Updates

Enter your email address to subscribe to this blog and receive notifications of new posts by email.

Join 257 other subscribers

Categories

  • Accessories
  • Bike fit
  • Bikes
  • Blogging
  • Books
  • clubs
  • Cold weather
  • Community
  • Commuting
  • Components
  • crash
  • cycling
  • Equipment
  • Favorite rides
  • fitness
  • food
  • guest post
  • Heat
  • Injury
  • logs
  • Maintenance
  • Mental
  • Nutrition
  • Odds 'n ends
  • People
  • Poll
  • Racing
  • Records & stats
  • Review
  • Rides
  • running
  • Safety
  • soreness
  • Specialized
  • Technique
  • Technology
  • Tips
  • tires
  • training
  • Travel
  • Uncategorized
  • Home
  • About
  • Contact
  • Partners

Recent Posts

  • Getting Back on the Bike: Road Cycling Tips for Older Cyclists
  • Are BCAAs and EAAs Good for Cycling?
  • How to Fix Numb Toes When Cycling
  • How to Find and Vet a Bike Club
  • Celebrate Pearl Izumi with Big Savings in the Memorial Day Sale

Categories

  • Accessories
  • Bike fit
  • Bikes
  • Blogging
  • Books
  • clubs
  • Cold weather
  • Community
  • Commuting
  • Components
  • crash
  • cycling
  • Equipment
  • Favorite rides
  • fitness
  • food
  • guest post
  • Heat
  • Injury
  • logs
  • Maintenance
  • Mental
  • Nutrition
  • Odds 'n ends
  • People
  • Poll
  • Racing
  • Records & stats
  • Review
  • Rides
  • running
  • Safety
  • soreness
  • Specialized
  • Technique
  • Technology
  • Tips
  • tires
  • training
  • Travel
  • Uncategorized

Archives

  • May 2024
  • December 2023
  • November 2023
  • March 2022
  • October 2020
  • November 2018
  • May 2018
  • September 2017
  • November 2016
  • October 2016
  • January 2016
  • July 2015
  • June 2015
  • May 2015
  • April 2015
  • March 2015
  • February 2015
  • January 2015
  • December 2014
  • November 2014
  • October 2014
  • September 2014
  • August 2014
  • July 2014
  • June 2014
  • May 2014
  • April 2014
  • March 2014
  • February 2014
  • January 2014
  • December 2013
  • November 2013
  • October 2013
  • September 2013
  • August 2013
  • July 2013
  • June 2013
  • May 2013
  • April 2013
  • March 2013
  • February 2013
  • January 2013
  • December 2012
  • November 2012
  • October 2012
  • September 2012
  • August 2012
  • July 2012
  • June 2012
  • May 2012
  • April 2012
  • March 2012
  • February 2012
  • January 2012
  • December 2011
  • November 2011
  • October 2011
  • September 2011
  • August 2011
  • July 2011
  • June 2011
  • May 2011
  • April 2011
  • March 2011
  • February 2011
  • January 2011
  • December 2010
  • November 2010
  • October 2010
  • September 2010
  • August 2010
  • July 2010
  • June 2010
  • May 2010
  • April 2010
  • March 2010
  • February 2010
  • January 2010
  • December 2009
  • November 2009
  • October 2009
  • September 2009
  • August 2009
  • July 2009
  • June 2009
  • May 2009
  • April 2009
  • March 2009
  • February 2009
  • January 2009
  • December 2008
  • November 2008
  • October 2008
  • September 2008
  • August 2008
  • July 2008
  • June 2008
  • May 2008
  • April 2008
  • March 2008
  • February 2008

Copyright © 2026 · Modern Studio Pro Theme on Genesis Framework · WordPress · Log in

Go to mobile version
%d