The Meneo Law Group
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What to Do in a Cycling Accident

This Litigation Has Concluded – MLG is Not Accepting New Cases

This litigation has concluded and we are proud to report that our clients' claims have been successfully resolved. The amounts of all individual client recoveries are confidential, both by settlement agreement and by attorney-client privilege. MLG is no longer accepting cases involving this product.

If you are involved in a cycling accident and sustain serious injuries, it is imperative that you consult with an attorney who is knowledgeable about cycling accidents. However, in all cycling accident cases, there are important things to do – both at the scene of the accident (whenever possible) and after your condition and situation have stabilized to protect yourself and your rights. Here is a brief summary:

First and Foremost - Seek Medical Attention

If you are involved in a cycling accident, do not refuse to accept medical attention if first responders offer it to you. Oftentimes sudden trauma from an accident can produce an immediate "I'm OK" feeling/response – even though you've suffered injuries. This can be due to the suddenness of the accident, the physical and mental shock and the adrenaline circulating throughout your body. Let the first responders examine you, assess your condition and determine if transport to a hospital is advisable.

If you were involved in a cycling accident and for any reason, haven't already been examined by a doctor, it is prudent to do so – even if you think your injuries are minor. This is particularly important because when you hit the pavement or sustain some other trauma to your body, the full effects of injury can be latent and not immediately apparent to you. In addition, you may not be immediately aware of all body parts that have suffered trauma. For example, because the blow was cushioned by your helmet, you may be unaware that your head hit the pavement or some object. Check your helmet for signs of impact.

Over the days following the accident, pay attention to changes in your physical condition and seek medical attention if you notice any. Although soreness and discomfort are to be expected, they can signal injuries that are not readily apparent. To be safe, consult your doctor.

Protect Your Rights

1

Place or Request a Call to Police

For any cycling accident involving a motor vehicle, intentional assault or wrongful conduct directed, harassment or circumstances where you believe police assistance is necessary or helpful, dial 911 and request police assistance. If you are unable to do so, ask any witnesses and passers-by to do so.

2

Provide Information about Your Injuries

Responding police officers will compile a police report about the accident or incident. Be sure to provide as much information about your injuries and pain – however minor – as possible.

3

Whenever Possible - Collect Information

Many collisions involving a cyclist go unreported. However, if you are or have been involved in a collision - particularly with a motor vehicle or as a result of a dangerous or defective road condition, a formal police report of the accident should be made to protect your rights. Always obtain the Identification Number for the Police Report if it is available at the scene. If it isn't be sure to obtain the name and badge number of the responding police officer(s)

4

Photographs

Beyond the police report (and especially if there is no police report), if you are (or someone with you is) able to do so, take photos of:

  • your injuries;
  • the scene;
  • the roadway;
  • vehicle(s) - especially any one involved in the collision and where it came to a stop;
  • your bicycle and any parts dislodged or separated from it;
  • if the accident was the result of a defective bicycle or component, take photos of the defect at the accident scene.
  • the place of impact;
  • where you and your bicycle came to rest;
  • people at the scene;
  • any insurance cards or available insurance paperwork.

5

Gather Important Information

Try to collect (or ask someone with you to collect) as much information about the accident as possible including the names (and vehicle plate numbers) and contact information for:

  • the driver(s) whose vehicle(s) collided with you;
  • each driver's insurance company and policy number (if possible, take a photo of the insurance card)
  • passengers in the vehicles;
  • people (drivers and pedestrians) who may have witnessed the collision;
  • people who come to your aid;
  • other cyclists who were with you at the time of the collision;
  • first responders who treat you; and
  • police officers who are on the scene.

Also record the time of day, the lighting and visibility conditions, the weather, the status of any traffic control signals or stop signs and any other factual or circumstantial information concerning the collision, conditions and scene.

If writing is not an option, use your phone as a recording device (call your voice mail and leave a message) or email the info to yourself.

6

Whenever Possible – Preserve Physical Evidence

Your bicycle, damaged or dislodged parts and your helmet, clothing and other personal property that was damaged in the accident are evidence and, to the greatest extent possible, should be preserved for inspection and use in preparing and prosecuting any potential claim you may have. Avoid altering the condition of your bicycle by attempting to repair it or otherwise making it ride-able. Do not allow others to inspect, make, or attempt to make, repairs or changes to, your bicycle, components, clothing, helmet or other evidence.

Retain possession of all physical evidence – if you or someone with you is unable to maintain possession of your bicycle, ask the police to transport it to your home or to the police station for safekeeping until you can retrieve it.

7

Notify Your Insurance Company – Simple Notification

It is important to notify your insurance agent and insurance company of the accident and your injuries. At this stage, this should be a simple notification of the day, time and location of the accident and the injuries you sustained. Avoid engaging in a detailed conversation about the accident until you've had an opportunity to speak with an attorney – this is especially true for accidents involving serious injuries.

8

Avoid Detailed Discussions & Ignore Requests for Interviews:

Seek Legal Advice First

Especially in cases involving serious injuries, avoid detailed discussions of the accident before you have had an opportunity to speak with an attorney. You may receive a call from an insurance company (or even the press) in which you are asked to provide a recorded statement via telephone call. Again, it is best to consult with an attorney before providing any statements or detailed information. If you sustained serious injury in an accident caused a defective bicycle or component and the manufacturer contacts you for information, it is best to consult with an attorney before speaking with and/or providing information.

When Available, Obtain a copy of the Police Report

Obtain a copy of the Police Report as quickly as possible. Usually the responding/reporting officer will provide a police report Identification Number to you (or someone with you) at the accident scene. This will enable you to retrieve a copy of the police report as soon as it is available – either on-line or at the police department's office. If you plan to consult with an attorney, having a copy of the police report will be very helpful but it is not essential.

This Litigation Has Concluded – MLG is Not Accepting New Cases

This litigation has concluded and we are proud to report that our clients' claims have been successfully resolved. The amounts of all individual client recoveries are confidential, both by settlement agreement and by attorney-client privilege. MLG is no longer accepting cases involving this product.