Bike Accidents: What To Do if You Are Hit by a Car

1. Report the Accident to Law Enforcement

The first step you should take after getting hit by a car is to report the accident to law enforcement. Doing so is important for two reasons. First, the authorities will create an official accident report, which can serve as evidence in personal injury claims. Second, and perhaps more importantly, reporting the accident will help ensure that the driver who hit you is held accountable for their actions. If possible, try to get the contact information of any witnesses who saw the accident happen and capture images of your damages to support your claim. 

2. Find a Personal Injury Lawyer

Next, you must find a personal injury lawyer to help you with your claim. You’ll need one who has experience handling bicycle accident cases, as they will know the ins and outs of the claims process and how to build a strong case on your behalf. At Murphy, Falcon & Murphy, we have a team of experienced accident attorneys ready to help you with your claim and fight for the compensation you deserve.

3. Check the Statute of Limitations

Did you know that, after an accident, you have a limited amount of time to file your claim? Fortunately, in Maryland, the statute of limitations for personal injury claims is three years from the date of the accident. This means you have three years to file a claim before it becomes invalid. However, it’s important to note that this timeline can be different if you’re filing against a government entity, so it’s best to speak with an attorney about your specific case. Waiting too long to file could result in you being unable to receive any compensation for your injuries.

4. Investigate the Case and Establish Fault

After filing your claim, your accident attorney will investigate the bike accident to determine who is at fault. In most cases, the vehicle driver is at fault for not seeing or yielding to the cyclist, though sometimes the cyclist may be found partially at fault for the accident. One of three different labels may be applied when determining fault:

• Negligence

Negligence is the failure to use care and occurs when someone causes an unreasonable risk of harm to another person. To prove negligence, you must demonstrate the following:

• • An understanding of duty of care, the legal obligation to a standard of reasonable care when performing acts that could result in harm to others.
  • A determination that there was a breach of duty, meaning the defendant failed to uphold the standard of reasonable care.
  • Causation that proves the defendant’s actions directly resulted in loss or injury.
  • The suffering of harm is due to the defendant’s breach of duty, as you can’t pursue a personal injury claim without having an injury.

• Gross Negligence

Gross negligence refers to a blatant and reckless disregard for the safety or lives of other individuals. The disregard should be so great that it appears as a conscious violation of the safety of others.

• Negligence per Se

Negligence per se permits the inference of negligence, though you must demonstrate the following to prove it:

• • The defendant violated a safety statute
  • The defendant’s reckless act caused the type of harm the statute was intended to prevent
  • The plaintiff (you) are a member of the statute’s protected class

5. Send a Demand Package and either Settle Upfront or File a Lawsuit

If you have a legitimate case that can get settled outside of court, your accident attorney can put together a demand for settlement. After all, most personal injury claims end in a settlement before a lawsuit ever has to be filed. A settlement is simply an agreement reached between you and the vehicle driver, allowing you to drop the case. However, if you cannot reach an agreement with the defendant, you’ll need to move forward with filing a lawsuit.

6. Try Mediation

Before taking your bike accident to trial, your personal injury lawyer may suggest mediation. Mediation is when you revisit the idea of a settlement, which might get negotiated between your attorney and the vehicle driver’s attorney. In some cases, though, a third-party mediator comes in to negotiate the settlement terms.

7. Go to Trial

The final step after getting hit by a car while biking is to go to trial. You’ll take this step if you’re unable to reach a settlement with the defendant. The court will hear both sides and review the related evidence and arguments before determining fault, reaching a decision, and awarding any damages.