Hit and Run Bicycle Accident: What Are Your Options?

A hit and run bicycle accident can be a terrifying and confusing experience. According to the National Highway Traffic Safety Administration (NHTSA), over 46,000 bicyclists were injured in motor vehicle collisions in 2022, and sadly, a significant number of these incidents involve hit-and-run drivers. Cyclists often face severe physical injuries and emotional distress, and understanding your legal options is crucial. If you’ve been injured in a hit and run bicycle accident, know that you have options to pursue compensation and justice.

Immediate Steps to Take After a Hit and Run Bicycle Accident

Your actions immediately following a hit and run bicycle accident can significantly impact your ability to recover compensation. Here’s what you should do:

Stay at the Scene and Assess Injuries: Remain at the scene and check yourself for injuries. Shock can mask pain, so take a moment to assess your physical condition. If possible, move to a safe location away from traffic.
Call 911: Report the accident to the police immediately. Even if the driver has fled, a police report is essential for documenting the incident and initiating an investigation. The police can also provide medical assistance if required.
Seek Medical Attention: Even if your injuries seem minor, seek medical attention as soon as possible. Some injuries, like concussions or internal bleeding, may not be immediately apparent. A medical evaluation creates a record that links your injuries to the accident.
Gather Evidence and Information: Treat the accident scene as crucial for evidence gathering. Take photos of your injuries, damage to your bicycle, and the surrounding area, including any vehicle debris. Note down any details about the vehicle involved, such as make, model, color, and license plate number (if possible).
Look for Witnesses: If there are any witnesses to the accident, get their names and contact information. Eyewitness accounts can provide valuable support for your claim.
Report the Accident to Your Insurance Company: Notify your insurance company about the accident, even if you are unsure who is at fault. They can advise you on the next steps for filing a claim and explain your coverage options.

Legal Options for Hit and Run Bicycle Accident Victims

Even when the driver who caused the accident flees the scene, you still have legal options to pursue compensation for your injuries and damages. Here are some potential avenues for recovery:

Uninsured Motorist (UM) Coverage: If the hit-and-run driver is never identified, your own auto insurance policy’s UM coverage may provide compensation for your medical expenses, lost wages, and pain and suffering. UM coverage is designed to protect you when you are injured by an uninsured driver.
Personal Injury Protection (PIP): In some states, PIP coverage can offer immediate funds for medical bills, regardless of who is at fault.
MedPay Coverage: You may have purchased voluntary medical payments coverage (MedPay) which is essentially a small health insurance policy in your automobile policy.
Homeowner’s or Renter’s Insurance: This coverage can pay for any damage to you or your property, including your bicycle and its equipment.
Filing a Claim with the Motor Vehicle Accident Indemnification Corporation (MVAIC): In some states like New York, if you don’t have auto insurance or your insurer denies your claim, you may be able to file for benefits through the state’s MVAIC. However, MVAIC has strict eligibility requirements, including notifying the police of the hit and run accident within 24 hours of the crash.
Pursuing a Personal Injury Lawsuit: If the hit-and-run driver is eventually identified, you can file a personal injury lawsuit against them to recover compensation for your damages. A personal injury lawyer can work with law enforcement and other investigative resources to gather evidence and build a case against the at-fault party.

Types of Compensation You Can Recover

If you are injured in a hit and run bicycle accident, you may be entitled to recover various types of compensation, including:

Medical Expenses: This includes the cost of hospital stays, surgeries, doctor’s visits, physical therapy, and any other medical treatment you receive as a result of the accident.
Lost Wages: You can recover compensation for any wages you lose as a result of being unable to work due to your injuries. This includes both past and future lost wages.
Property Damage: You are entitled to compensation for the damage to your bicycle and any other personal property that was damaged in the accident.
Pain and Suffering: You can recover compensation for the physical pain and emotional distress you experience as a result of your injuries.
Loss of Enjoyment of Life: If your injuries prevent you from participating in activities you once enjoyed, you may be able to recover compensation for loss of enjoyment of life.
Emotional Distress: Compensation for the emotional trauma caused by the accident.

The Importance of Legal Representation

Navigating the legal complexities of a hit and run bicycle accident case can be challenging, especially when you are dealing with injuries and emotional distress. An experienced bicycle accident attorney can help you protect your rights and pursue the compensation you deserve.

A lawyer can:

Investigate the accident and gather evidence to support your claim.
Identify all potential sources of compensation.
Negotiate with insurance companies on your behalf.
File a personal injury lawsuit if necessary.
Represent you in court.

Statute of Limitations

It’s crucial to be aware of the statute of limitations for filing a personal injury claim in your state. The statute of limitations sets a time limit within which you must file a lawsuit, or you will lose your right to seek compensation. The statute of limitations for personal injury claims varies by state, typically ranging from one to three years from the date of the accident. In California, the statute of limitations for bicycle accidents is generally two years from the date of the incident. There are exceptions to the statute of limitations, such as in cases involving minors or government entities.

Don’t Wait, Take Action Today

If you have been injured in a hit and run bicycle accident, don’t wait to take action. Contact a qualified personal injury attorney to discuss your legal options and protect your rights. With the help of an experienced attorney, you can pursue the compensation you deserve and focus on recovering from your injuries.