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Alex was cycling home when a distracted driver swerved into the bike lane and struck them. Alex wore a helmet and was taken by ambulance to the hospital, where scans showed only bruises and aches. Doctors told Alex they’d be sore for days. A few days later, however, Alex still had a bad headache and neck pain. Now Alex wonders: should they just settle with the driver’s insurance or talk to a lawyer? This is a common story. After any cycling accident, it’s crucial to take the right steps immediately even if you feel fine to protect your health and future claim.
Immediate Steps After a Cycling Accident
- Get checked by a doctor right away. Injuries (especially head injuries) can be subtle. In Canada one guide warns that “within 24 hours” you should see a medical professional even if you feel okay. Delayed symptoms (dizziness, headaches, memory issues) often mean a mild concussion or brain injury can worsen over time.
- Call the police and file a report. If a car hit you, always call 911 so officers can document the crash. In BC, for example, officials advise calling police and getting a “police file number” at the scene. An official report creates an unbiased record of fault and conditions.
- Document the scene. Take photos of everything: your injuries, your helmet and bike, any skid marks or traffic signals, and the car’s damage. Write down details (date, time, weather) and gather witness names/contacts. All this evidence will help if there is a dispute about what happened.
- Notify insurers promptly. In many places (especially Canada’s no-fault provinces), you must report the crash to an insurance company within a short window. For example, BC’s ICBC should be called “within a reasonable period (typically 24 hours)” and given a written report within 30 days. In Ontario you’d file an “accident benefits” claim under your auto policy or the at-fault driver’s policy, even if you bike to work. In the US, report the crash to your or the driver’s insurer as required. Doing this early preserves your right to benefits and ensures you meet deadlines.
Consult a Cycling Accident Lawyer Early
After taking care of health and evidence, you should talk to a lawyer before negotiating with insurers. Many legal experts stress that contacting an attorney as soon as possible is the best way to protect your rights. A good cycling accident lawyer will explain your options, preserve evidence, and watch deadlines (since personal injury lawsuits usually have a 1–2 year statute of limitations). In Ontario and other Canadian provinces, you have a two-year window to sue for pain and suffering. In many US states it’s similar (and e.g. New York allows three years). A lawyer works on contingency (no upfront fees) and can handle paperwork so you avoid mistakes. In fact, one Ontario lawyer notes that early legal help “ensures you have the information you need to maximize” your claim’s value.
Traumatic Brain Injury Attorney: When to Seek Specialized Help
If you hit your head or feel even mild concussion symptoms, don’t ignore it
see a doctor immediately. Concussion or more serious traumatic brain injuries (TBIs) may not be obvious at first but can have long-term effects. A traumatic brain injury attorney is a lawyer specializing in head injuries. These attorneys understand how to spot delayed symptoms (like persistent headaches, memory loss, mood changes) and will work with medical experts to diagnose TBIs. Quick medical attention can “make a world of difference” in recovery, and a TBI attorney can help ensure even hidden injuries are documented and fairly valued in your claim. If a lawyer suspects a head injury, they’ll often bring in specialists (neurologists, neuropsychologists) to strengthen your case.
Avoid Common Mistakes
- Never admit fault or apologize. Even saying “I’m sorry” at the scene can be twisted into an admission of blame. One attorney warns riders not to make any statements or share details (even on social media) that could be used against them.
- Don’t delay medical care or legal action. Skipping the ER or waiting weeks to see a doctor can harm your case insurance companies may argue you weren’t really injured. Immediate medical records are crucial. Likewise, waiting too long to talk to a lawyer can mean missing filing deadlines.
- Avoid recorded statements or quick settlements without advice. Insurance adjusters often ask for recorded interviews; politely decline or say you’ll talk later with your lawyer. You are not obligated to give a recorded statement without counsel. Also, resist signing any release or accepting a settlement check on the spot. It’s common that the full extent of injuries (especially brain injuries) isn’t clear right away. Consult a lawyer first to see if the offer is fair.
By following these steps getting prompt medical care, documenting everything, and talking to a lawyer – injured cyclists in both Canada and the US can protect their rights and build a stronger case.
FAQ
What should I do immediately after a cycling accident?
Get medical help and a police report first. Then collect evidence: take photos of injuries, your bike, and the scene (signs, skid marks, vehicle damage), and write down what happened and who saw it. Report the crash to insurance (your own or the driver’s) quickly, as most regions require notice within days of the accident.
Do I really need to see a doctor if I feel okay?
Yes. Hidden injuries like concussions can manifest hours or days later. Medical professionals advise getting checked “as soon as possible (or within 24 hours)” even if you feel fine. Early documentation of injury is vital proof for any claim.
What evidence should I gather at the scene?
Photograph everything: visible injuries (cuts, bruises, swelling) and gear (helmet, clothes), your damaged bicycle, the other vehicle, road conditions, traffic signs, and any skid marks. Note the driver’s name, license/plate, insurance, and take contact info from witnesses. Later, keep receipts for medical treatment and bike repairs these document your actual losses.
Should I hire a lawyer or just settle with insurance?
It’s wise to consult a cycling accident lawyer early, especially if you have serious or lasting injuries. Lawyers offer free consultations and often work on contingency (they only get paid if you win). They know the insurance tactics, can estimate future needs, and ensure you don’t miss critical deadlines. If injuries are minor, a quick settlement might cover costs, but even a “small” claim can become much larger if headaches or other problems emerge.
What is a traumatic brain injury attorney and when do I need one?
A traumatic brain injury attorney is a lawyer who specializes in head injuries. If you hit your head and later develop symptoms like dizziness, memory loss, or behavioral changes, call one of these specialists. They’ll work with neurologists and other experts to diagnose any TBI, and make sure any subtle brain injury is included in your case.
What mistakes should I avoid?
Never admit fault or apologize at the scene, don’t give insurance recorded statements without advice, and don’t agree to a quick settlement or release until you know all your injuries. Also, don’t delay seeing a doctor or contacting a lawyer delays can hurt both your recovery and your legal rights.
How long do I have to file a lawsuit?
Time limits (statutes of limitations) vary. In Canada (e.g. Ontario, BC) you generally have two years from the injury date to sue. In the US many states use a two-year limit as well, though New York allows three years. These clocks can start when you “discover” an injury, so consult a lawyer early to be safe.