Legal Steps to Take If You Are in a Hit and Run Accident as a Cyclist

Being involved in a hit-and-run accident as a cyclist can be a frightening, traumatic, and overwhelming experience. However, there are specific legal actions to can take to protect yourself and potentially recover damages from the unfortunate circumstances. The following guide by the Chicago bicycle accident attorneys at Smith LaCien LLP outlines crucial actions cyclists should take after a hit-and-run accident.

Ensure Safety and Seek Medical Attention

The first priority in any accident, including a hit-and-run, is safety. If you are able to, move out of the road to avoid further harm, and assess your injuries. Even if you feel relatively unscathed, adrenaline may mask the pain of more serious injuries. Therefore, it is always advisable to seek medical attention immediately.

Make sure to call 911 or emergency services for assistance. This also ensures that an official record of the accident is created, which will be vital for any legal action you may take later. When the emergency responders arrive, be clear and specific about your injuries and the circumstances of the accident.

Document the Scene of the Accident

If you are physically capable, document the accident scene as thoroughly as possible. In a hit-and-run scenario, this step becomes particularly important because the more evidence you gather, the easier it will be to identify the driver and support your case legally.

●     Take Photos and Videos: Capture images or videos of the location, your bicycle, your injuries, and any damages. Pay attention to road conditions, signage, and any other factors that might have contributed to the crash.

●     Collect Witness Information: If anyone witnessed the accident, gather their contact information and ask them to provide a statement either to you or to the police. Witnesses can serve as crucial evidence to corroborate your account of the accident.

●     Note Details About the Vehicle: Any details about the hit-and-run vehicle will be useful in identifying the driver. Try to remember the make, model, color, or part of the license plate, as well as the direction in which the car fled.

File a Police Report

After the accident, it is essential to file a police report, even if you do not have all the details about the vehicle that hit you. Police reports are critical for both criminal investigations and insurance claims. Inform the police of all the facts you gathered and cooperate fully. Make sure to obtain a copy of the report for your records.

In many cases, hit-and-run drivers are tracked down using traffic cameras, witness testimonies, and other evidence gathered from the scene. A police investigation will increase the chances of finding the perpetrator.

Consult a Lawyer

Hit-and-run accidents can be legally complex, especially when involving a cyclist who has sustained injuries. Consulting an attorney who specializes in personal injury or cycling accidents is highly recommended.

A lawyer will help you:

●     Navigate the Legal System: They can guide you on how to proceed with filing claims, gathering additional evidence, and understanding your rights.

●     Handle Insurance Companies: Insurance negotiations can be tricky, especially when the liable party is unknown. A lawyer can help ensure you receive the compensation you're entitled to, either through your uninsured motorist coverage or other legal avenues.

●     Seek Compensation: Depending on the circumstances, you might be entitled to compensation for medical bills, property damage, lost wages, and pain and suffering.

Notify Your Insurance Company

Even if you are not driving a vehicle at the time of the accident, you might still be able to claim compensation through your insurance. If you have uninsured motorist (UM) coverage on your auto insurance, this may cover your damages in the event of a hit-and-run.

Notify your insurance company promptly, as delaying this step can negatively affect your claim. Be honest and accurate when describing the accident. It is crucial to have clear communication with your insurance provider, but be cautious about making statements before consulting with an attorney.

Continue Medical Treatment and Keep Records

If you were injured in the accident, it is important to continue any medical treatment as prescribed. Follow your doctor’s advice, attend all appointments, and complete any rehabilitation programs. Not only is this important for your physical recovery, but it also plays a critical role in supporting any legal claims you pursue.

Keep detailed records of all medical bills, prescriptions, therapy costs, and time missed from work. Ultimately, these records are vital for calculating the compensation you may be entitled to in a legal claim or settlement.

Stay Informed About the Investigation

After filing a police report, stay informed about the status of the investigation. Contact the investigating officers periodically to check if any new leads or developments arise. Your cooperation can help expedite the process of identifying the hit-and-run driver.

If the driver is located, criminal charges may be filed against them, and you could pursue a civil case to recover damages. Even if the driver is not found, staying updated on the investigation ensures you are aware of any actions you need to take moving forward.

After the traumatic experience of a hit-and-run accident, taking these proper legal steps can help protect your rights, improve your chances of receiving compensation, and better your chances of handling legal challenges. Stay safe out there and know your rights as a cyclist in the beautiful city of Chicago!