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Is it My Fault if I Get Hit on My Bike?

Getting into a collision on your bike can cause serious injuries whether it’s with a vehicle or a roadway hazard. But determining fault is not as simple as who was on the bike and who was not. State laws consider bicycles to be a vehicle, meaning cyclists must follow the same rules of the road as cars, trucks and motorcycles.

Fault in collisions that involve bicycles is determined by the basic principles of negligence. But if you are hurt in a collision you should always file a personal injury claim. The following tips will help you build your bicycle accident claim and get the compensation you need to recover.

Building a Bicycle Accident Claim

Cyclist riding on the road1. Take Action at the Scene

  • Call 911 and report the accident
  • Get the driver’s personal and insurance information
  • Do not discuss fault with the other person involved in the accident
  • Get the reference number of the police report
  • Look for witnesses and gather statements
  • If you’re injured, get medical treatment

2. Collect Evidence to Build Your Case

  • Using a camera or your cell phone, take as many pictures of the scene as possible
  • Get contact information from any witnesses and point witnesses out to the police at the scene
  • Check for hazardous road conditions that may have been the cause of the accident

3. Take Good Notes and Follow Up With Medical Treatment

  • Write a detailed account of everything you can remember about the accident
  • Follow up with any medical treatment recommended by your doctor
  • Don’t wait to receive medical treatment – the other driver’s insurance may claim your injuries were caused by something else

A bicycle accident should be treated the same as a car accident. Too often, these accidents are not taken seriously. The driver of the vehicle might assume that colliding with a bicyclist doesn’t count or that it’s the bicyclist’s fault for being in the road. Make to always collect the right information and if the driver flees the scene, call the police.