What to do if you are in a bicycle accident

Believe it or not, spring is almost here and bicycle season is approaching.While Chicago may be notorious for hardcore winter bikers, there is still a significant surge in bike traffic during the spring and summer. Unfortunately, along with greater bicycle traffic comes greater bicycle accidents. According to the Illinois DOT, there were nearly 1,700 bicycle accidents in Chicago in 2008.

In light of these statistics, Chicago is stepping up its efforts to create safer bike tracks for its citizens. You can do your part by following simple safety tips on your bicycle. Dolan Legal advocates wearing a helmet at all times and equipping your bike with a white headlamp and red reflector per city ordinance.  Also, be cognizant that the rules of the road that apply to bicyclists and motorists alike. Lasttly, plot a safe course: the following interactive map tells you where traffic is heaviest and where most accidents occur.

Unfortunately, no matter how careful you are, accidents still happen. So, if you are involved in a bicycle accident, it is best to know your how to handle the situation beforehand.

• STOP! First and foremost, it is important to stop at the scene of an accident. After you are hit, there are natural forces (adrenaline) kicking in that may tell you to go on as if nothing had happened—i.e., if you are on a bicycle and a car hits you, your natural flight instinct may kick in. However, it is important to stay calm and speak with the motorist about the accident. You should never leave the scene of an accident.
• CHECK YOURSELF OUT. The same adrenaline that causes you to flee may cause you to ignore pain. Survey yourself and make sure that you are not injured. If you’ve sustained any injuries at all, you should call the police or EMS because they can verify you were injured for insurance and legal purposes.
• GET THE INFO. You should get the name, phone, address, date of birth and license plate # of the motorist. Be as thorough as possible here. Also, take note of where the accident occurred.
• WITNESSES: Witnesses are an important part of your court case. Request that witnesses stay on the scene to report what they saw to the police.
• SILENCE IS GOLDEN: Do not make any legal negotiations with the driver until you’ve had time to consider things with an outside party.  Often, drivers will try to settle accidents on their own in order to avoid higher insurance premiums.
• THE POLICE: Tell the police directly what happened. Avoid apologizing for the accident because the police and insurance company may use these words against you. Take down the officer’s name, badge number and precinct. The officer should give you instructions for obtaining a copy of the accident report.

After an accident, it may be necessary to contact an experienced bike injury attorney to represent you. Illinois mandates that all drivers must carry a minimum of $20,000 in vehicle liability insurance. However, in order to be awarded you must be able to prove that the driver’s negligence caused your injury. In Illinois, it is possible to be compensated for a variety of damages, and hiring an experienced attorney will ensure you get a fair settlement. Whatever happens, do not be pressured into settling. If you have any questions about your settlement, contact us for your free consultation.

-Steven Flores

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