Most of the time, bike riding is a pleasant way to experience a trip or take in the scenery. A lot of people now commute to work on a bike or take other long rides on the weekend for exercise. Regardless of why someone is riding, the chances of being in an accident with a motorist or just on the road alone, are always there. This is why as a rider or as a motorist, it’s important to know what are the rights of everyone involved. If you are in the unfortunate situation of having been in a bicycle accident, you may find it helpful to talk to an auto accident lawyer Boca Raton FL bicycle riders and their families can rely on.
For bicyclists, first and foremost, you have the right to medical treatment. Your chances of serious injury in an accident with another car or with the road are high depending upon speed, road conditions, and what you are wearing. Always seek out medical treatment as soon as possible after an accident as some injuries may not be immediately apparent or may even be internal. Even if you are wearing a helmet at the time of the accident, it is always a good idea to be checked out for concussion or other brain injury.
You also have the right to have a police report. This is especially important in an accident with a car because the driver may be at fault but still attempt to pin fault on you the rider. The driver may not have as much incentive to stay and wait for the police either especially if their damages are minor and you do not appear to be injured. At a bare minimum, get their information including their name, number, and insurance information so what even if they do leave, you can still give this information to the police. The police report is an especially crucial document if you are going to file suit against the driver since it will likely lay out the police’s determination of the series of events that led up to the crash. Motorists can also benefit from the police report especially if it shows that a road condition, and not their driving, was the cause of the accident.
You also have the right to a personal injury attorney and you should exercise this right as soon as possible. Remember, personal injury attorneys usually work on a contingency fee basis meaning they do not collect a fee unless they win the case either through a jury trial or a settlement. You have very little to lose in consulting with an attorney about your case even if no other drivers are involved. Even accidents involving you wiping out on the road can and should be brought to an attorney because it is very possible that a design or manufacturing defect in the road or conditions on the road were the cause of the accident.
Finally, you have the right to remain silent. Here, this means not talking about the accident on social media or with the insurance company of the driver or with the attorney of the bicyclist if you are the driver. The Fifth Amendment does not apply to civil cases, but the warning that anything you say can be used against you in a court of law is still very applicable. This is because what you say on social media or the insurance company or to the attorney is all admissible and can be used to damage your credibility or your claim.
Thanks to our friends and contributors from Eric H. Luckman, P.A. for their insight into finding an attorney.