Filing a Bicycle Accident Claim

What should you do if you were hit by a car while riding your bike? If you do not know, you are not alone. Whereas most people know to file a claim with their insurance companies and hire an attorney to negotiate a settlement after a car collision, you may not be aware of the unique aspects of recovering damages for bicycle accident injuries.

Fort Worth injury attorney Bill Berenson has represented injured bicyclists for close to four decades. He is Texas Board Certified as a personal injury trial lawyer with a proven track record in negotiating maximum possible damages in bicycle collision claims. In addition, he is an avid cyclist and former marathon runner who knows firsthand the challenges bicyclists face on the roads of Dallas-Fort Worth. His extensive biking experience informs his arguments in support of your rightful damages.

What to do at the scene of a bike crash

Just as with a motor vehicle accident, the actions you take immediately following your bike crash could protect your health and support your legal claim. These steps can help you preserve evidence so you can recover the maximum possible compensation from insurance companies or a personal injury lawsuit against the at-fault motorist:

  • Call 911. A police report offers a neutral version of events that is vital to your accident claim. We can help you get a free copy of the police report after the crash so our auto accident attorney can evaluate your claim.
  • Get medical care. If you believe you are injured, ask for an ambulance or seek medical treatment. Remember, serious injuries to your head, neck, and spinal cord, which are common in bike collisions, may not be immediately obvious, but require prompt medical care.
  • Do not admit fault. Your statements may, and will, be used against you in a civil lawsuit. Instead, let your attorney analyze issues of fault and tailor your negotiation strategy to the facts of your case.
  • Take photographs. If you are able to do so safely, take photos of the accident scene, including the vehicle, signs, traffic lights, crosswalks, visual obstructions, and roadway conditions that might have contributed to your crash.
  • Preserve evidence. The identity of a witness, the dent in your helmet, the shredded portion of your clothing, or the bend of you handlebars could be powerful evidence that should be analyzed by your attorney. Therefore keep these items secure during the pendency of your claim.
  • Keep all medical records. Your medical records are the foundation of your damages claim. Keep a folder that includes doctors’ reports, diagnostic test results, imaging films, hospital bills, photographs of your injuries, and a pain diary.
Does insurance cover your bike accident injuries?

Insurance companies cover bicycle accident injuries in much the same way as car crashes. Your options depend upon the types of coverage carried by you and the driver and who was at fault for your injuries, but may include:

  • Liability coverage. Mandatory under Texas law, the at-fault driver’s liability insurance pays damages for your injuries.
  • Medical payment. Even if you were to blame, medical payment policies cover the medical bills of injured bicyclists.
  • Personal injury protection. PIP covers medical bills and lost wages resulting from a bike crash and do not have to be repaid, unless medical payment coverage.
  • Uninsured/underinsured motorist coverage. A UM/UIM policy pays damages if the at-fault driver does not have insurance, is underinsured, or fled the scene of the crash.
  • Bicycle coverage. Some companies offer bicycle coverage that pays for your medical care and your bicycle repairs or replacement after a crash.
Proving damages in a bicycle accident claim

Motorists often claim that they barely tapped you and so you could not have been badly injured. However, we submit evidence that a bicyclist can be severely injured by a car travelling at a low speed.

What happens if the driver caused you to wreck but did not come into contact? This scenario is common. For example, you may have swerved off the road to avoid being hit and injured worse. We prove that your crash would not have happened but for the driver’s actions and, thus, you are entitled to damages.

Pursue your rightful damages after for your bicycle accident injuries

Get experienced representation from a bicycle accident lawyer in Fort Worth. Your case evaluation is free and Berenson Injury Law takes your claim on contingency, which allows you to withhold payment of lawyer’s fees and expenses until we have recovered damages on your claim.

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