We truly hope you are never involved in a bike crash. However, if it does happen, knowing what to do after a bicycle accident beforehand can give you a significant advantage. It can help you prevent further harm and avoid costly mistakes that may affect your right to claim compensation.
Here is what you should usually do after a bike accident:
- Stay at the Scene: Do not leave. California law requires all parties in a crash to remain until information is exchanged.
- Check for Injuries: Assess yourself and others. If seriously injured, stay still and wait for paramedics.
- Move to Safety: If you are able, get out of traffic and onto the shoulder or sidewalk to avoid further danger.
- Call 911: Request both medical assistance and a police response so an official report is filed.
- Exchange Information: Collect names, phone numbers, driver’s license numbers, license plates, and insurance details from the driver and any witnesses.
- Document the Scene: Take photos or videos of the location, vehicles, your bike, your injuries, and any road hazards.
- Preserve Evidence: Keep your damaged bicycle, helmet, and clothing. Do not repair or throw them away.
- Get a Police Report Number: Ask the officer for the report number so you can request a copy later.
- Seek Medical Care: Visit a doctor immediately, even if you feel fine. Some injuries show up hours or days later.
- Keep Records: Save all medical bills, prescriptions, receipts, and proof of lost wages.
- Avoid Talking to Insurance Adjusters: Do not give a statement to the other driver’s insurance company without legal guidance.
- Consult an Attorney: bicycle accident attorneys can protect your rights, handle negotiations, and maximize your compensation.
- Know the Deadlines: You generally have two years to file a personal injury lawsuit in California. If a government entity (unsafe road, city vehicle) is involved, you must file a claim within six months.
- Follow Medical Advice: Attend all appointments and follow treatment plans to protect both your health and your legal claim.
What most California personal injury lawyers don’t usually explain is what to do if you miss any of these steps or make mistakes along the way. That’s exactly what we’ll cover in this original article by Megeredchian Law.
If you or a loved one has already been injured in a bicycle accident and want to pursue compensation, do it with a team that has both expertise and real-world experience dealing with insurance companies. Call (866) 359-0807 to schedule a free consultation. We’ll evaluate your case in just a few minutes and determine whether you qualify for compensation. If you do, we’ll assign you an experienced bicycle accident attorney you can speak with directly—no middlemen, no virtual assistants.
What NOT to do After a Bicycle Accident in California
1. Not Calling the Police
Failing to involve law enforcement is one of the most damaging mistakes after a bicycle crash. Without a police report, the at-fault driver can easily deny the accident happened, or dispute key details. Insurance companies lean heavily on official documentation to evaluate claims.
If you missed calling the police at the scene, you can still file a delayed report with the California Highway Patrol or the local police department. Document the accident yourself by writing down the date, time, and location, and collect any supporting evidence such as witness statements or photos.
How an attorney helps: Attorneys’ experience ensures that missing reports don’t ruin your case. They can obtain dispatch logs, 911 call records, and surveillance footage to establish proof of the crash. They also know how to present late-filed reports effectively to insurance adjusters and the court.
2. Leaving the Scene Too Quickly
Cyclists sometimes leave too fast because they feel uninjured or think the accident was minor. But leaving without collecting evidence or waiting for first responders can weaken your position later, especially if injuries surface days later.
If you already left the scene, take action quickly by documenting everything you remember: the driver’s description, vehicle type, license plate (if possible), and road conditions. Contact nearby businesses or residences for potential video footage.
How an attorney helps: Attorneys’ resources include private investigators who can track down witnesses and secure video evidence before it’s erased. They can also subpoena surveillance footage and reconstruct the accident using experts if the scene wasn’t properly documented.
3. Not Gathering Evidence
Photos of the accident, vehicle damage, road conditions, and your injuries are crucial to proving liability. Many cyclists forget in the chaos. Unfortunately, physical evidence often disappears within hours.
If you didn’t gather evidence, revisit the scene quickly to capture what remains. Check for skid marks, broken glass, or damaged property. Ask witnesses to provide written statements and see if nearby traffic cameras recorded the crash.
How an attorney helps: Attorneys’ teams know exactly what type of evidence carries weight in California courts. They can request traffic cam footage before it’s overwritten, obtain accident reconstruction reports, and hire expert witnesses to validate your claim.
4. Admitting Fault or Apologizing
Saying “I’m sorry” or speculating about what happened may seem harmless, but it can be treated as admitting fault. California’s comparative negligence law means even partial blame reduces your compensation.
If you already apologized or admitted something, stick to facts going forward. A lawyer can reframe your statements by presenting clear evidence about who was truly negligent — for example, showing that the driver was speeding or violating California Vehicle Code sections designed to protect cyclists.
How an attorney helps: Attorneys’ negotiation skills are critical here. They can challenge the insurer’s interpretation of your words, highlight contradictory evidence, and argue effectively that your statements were emotional reactions rather than admissions of liability.
5. Delaying Medical Attention
Many cyclists underestimate their injuries and avoid immediate treatment. This delay gives insurers a chance to argue your injuries weren’t caused by the crash. Internal injuries or concussions often worsen without prompt care.
If you waited, schedule a medical evaluation right away and explain the accident to your doctor. Keep thorough records of all visits and follow-up treatments.
How an attorney helps: Attorneys’ medical networks are invaluable. They can connect you with specialists experienced in documenting accident-related injuries, even if you don’t have health insurance. They also ensure your medical timeline is presented properly so insurers can’t deny the link between your injuries and the crash.
6. Not Keeping Detailed Records
Losing receipts, bills, and employment documentation makes it harder to prove damages. Insurers require evidence for every dollar you claim.
If you’ve been disorganized, start compiling everything now — medical bills, repair costs, time-off records, and transportation expenses. Even emails or bank statements can help prove losses.
How an attorney helps: Attorneys’ case managers track and organize every piece of evidence. They know which documents insurers accept, and they calculate both economic and non-economic damages so you don’t miss out on potential compensation for pain and suffering.
7. Talking to Insurance Companies Without Caution
Insurance adjusters often ask for recorded statements or push quick settlements. What seems like a casual conversation can be twisted to reduce your payout.
If you’ve already spoken with the insurer, avoid further statements until you consult a lawyer. An attorney can step in to control communications, review what you said, and make sure nothing is misinterpreted.
How an attorney helps: Attorneys’ experience in negotiations is key. They take over all insurer communications, demand fair settlement offers, and ensure you don’t accept lowball payments. They can also file lawsuits if the insurer acts in bad faith.
8. Not Following Medical Advice
Skipping appointments or ignoring treatment plans makes it appear that your injuries aren’t serious. Insurers use this to reduce or deny claims.
If you’ve missed treatment, call your doctor and resume care immediately. Document your reasons for gaps in treatment (financial hardship, scheduling issues, etc.) so they don’t harm your case.
How an attorney helps: Attorneys’ involvement ensures gaps in care don’t discredit your injuries. They can explain these gaps to insurers, help arrange affordable medical care, and keep a record showing that your injuries are legitimate and ongoing.
9. Posting About the Accident on Social Media
Posting photos, workout updates, or comments online can destroy your case. Insurers monitor claimants’ social media accounts to look for contradictions.
If you’ve already posted, stop immediately and change your privacy settings — but don’t delete posts, as that can be seen as destroying evidence. Tell your attorney what you’ve shared so they can prepare for any challenges.
How an attorney helps: Attorneys’ strategy includes reviewing your online presence to prevent insurers from taking posts out of context. They’ll advise you on what to avoid sharing and counter any attempts to use your social media against you.
10. Not Contacting an Attorney Early
Waiting too long to consult an attorney risks losing evidence and missing California’s two-year statute of limitations for personal injury claims. The earlier an attorney is involved, the stronger your case will be.
If you’ve delayed, contact an attorney immediately. They can still recover evidence, interview witnesses, and meet filing deadlines.
How an attorney helps: Attorneys’ expertise is most powerful when they get involved early. They protect your rights, preserve crucial evidence, and fight aggressively for maximum compensation. Even if you’ve waited, their legal skills can often recover ground you lost by delay.
Don’t Risk Hurting Your Bicycle Accident Claim
To err is human. And even if you know from head to toe what to do after a bicycle accident, such an unwanted and shocking event can catch you off guard. What you shouldn’t do is let any mistake define the course of your claim. Insurance companies will look for any gap or weakness they can find to reduce your compensation. That’s their job. Ours is to defend you against that and fight to obtain the maximum compensation you deserve under the law.
Team up with winning bicycle accident attorneys by calling (866) 359-0807. Have an expert, aggressive professional by your side to guide you through the entire claims process—from consultation to recovery. And if we don’t win money for you, you don’t pay us.