Cyclist Seriously Injured in Wilmington Collision: What To Do After a Bicycle Accident

Bicycle accidents can result in severe, life-altering injuries. In Wilmington, and across the nation, cyclists face significant risks from negligent drivers and unsafe road conditions. According to a recent report, Wilmington had three fatal crashes involving pedestrians and cyclists in 2025 alone [31]. If you or a loved one has been involved in a bicycle accident, understanding your rights and the steps to take can be crucial for your well-being and any potential legal claims.

Bicycle Accident Statistics in Delaware

Delaware, unfortunately, has a concerning record when it comes to bicycle safety. Several studies and reports highlight the dangers cyclists face in the First State:

High Fatality Rate: Delaware has been ranked among the most dangerous states for bicyclists, with fatality rates significantly higher than the national average [20, 28, 30].
Rising Accident Numbers: While specific numbers fluctuate year to year, data suggests an overall increase in bicycle accidents in Delaware over the past decade [21]. In 2017, there were 146 bicycle-related traffic crashes, resulting in 107 injuries and four fatalities [33].
Sussex County Concerns: Fatal bicycle accidents tend to be more common in Sussex County, particularly near Delaware beaches [21].

These statistics underscore the importance of awareness, caution, and legal preparedness for cyclists in Wilmington and throughout Delaware.

Causes of Bicycle Accidents

Bicycle accidents can stem from various factors, often involving negligence on the part of drivers or unsafe conditions:

Driver Negligence: This includes distracted driving (texting, etc.), failure to yield the right-of-way, speeding, drunk driving, and generally failing to see or respect cyclists on the road [4, 6]. “I didn’t see them” is a common, yet unacceptable, excuse [4].
Road Conditions: Potholes, uneven surfaces, debris, and inadequate shoulder room can all contribute to bicycle accidents [18, 30].
Visibility Issues: Poor lighting, weather conditions, and obstructions can make it difficult for drivers to see cyclists [18].

Common Injuries in Bicycle Accidents

Due to the vulnerability of cyclists, injuries sustained in an accident can be severe and have long-lasting consequences [4, 14, 15]:

Head Injuries: Traumatic brain injuries (TBIs), concussions, skull fractures are all possible, even with a helmet [8, 14, 16, 18]. Wearing a properly fitted helmet is crucial, but it doesn’t guarantee complete protection [8, 16].
Broken Bones: Fractures are common, particularly in the wrists, collarbones, arms, legs, and hips [8, 14, 16].
Road Rash: Abrasions from sliding on the pavement can range from minor to severe, potentially leading to infection and scarring [8, 14, 16].
Spinal Cord Injuries: These can result in chronic pain, limited mobility, or even paralysis [8, 14, 16, 18].
Soft Tissue Injuries: Sprains, strains, and muscle tears can cause pain and mobility issues [14, 16, 18].
Internal Injuries: Damage to internal organs can occur, requiring immediate medical attention [8].

What To Do Immediately After a Bicycle Accident

The actions you take immediately following a bicycle accident can significantly impact your health and any potential legal claims [3, 29, 34]:

Prioritize Safety and Seek Medical Attention: Move yourself and your bike to a safe location, away from traffic [29, 34]. Call 911 immediately, even if injuries seem minor [29]. Adrenaline can mask pain, and some injuries may not be immediately apparent [29]. Accept evaluation by paramedics and transport to the hospital if recommended [29].
Call Emergency Services: Even if the accident seems minor, calling emergency services is crucial [34].
Gather Information at the Scene: If possible, collect critical information [34]:
- Get the other driver’s name, contact information, insurance details, and license plate number [26, 29].
- Take photos and videos of the accident scene, including your injuries, bike damage, the vehicle involved, road conditions, and traffic signs [29].
- Identify and get contact information from any witnesses [26, 29, 32]. Their testimony can be invaluable [32].
File a Police Report: An official record of the incident is essential for insurance claims and potential legal actions [26, 34]. Provide all relevant details to law enforcement, including the time, location, road conditions, weather, and witness information [34].
Document Everything: Keep track of your symptoms, medical treatments, and costs associated with the accident [26].
Contact a Bicycle Accident Lawyer: Consulting an attorney as soon as possible can protect your rights and help you navigate the legal process [3, 6, 26, 29, 32].

Delaware Bicycle Laws and Rights

Delaware law recognizes bicycles as vehicles, granting cyclists the right to use most roads [19]. Bicyclists are also subject to the same traffic laws as other vehicle drivers [19]. The “Bicycle Friendly Delaware Act” includes several provisions aimed at protecting cyclists [17, 25, 33]:

Safe Passing: Drivers must change lanes to pass bicycles when the travel lane is too narrow for safe side-by-side sharing [17, 25, 33].
Three-Foot Rule: If changing lanes is not possible, drivers must maintain at least three feet of space when passing a cyclist [23].
Delaware Yield: Bicyclists can yield at stop signs, rather than coming to a complete stop, if the coast is clear [17, 25, 27, 33]. This increases visibility and reduces exposure time in intersections [27].
Turning Across Bike Lanes: Drivers turning across a bike lane must stop for cyclists already present in the lane [23].
Riding Side-by-Side: Cyclists are allowed to ride side-by-side as long as they do not block traffic [23, 25].

It’s important to note that cyclists must obey all traffic laws, use hand signals, and ride in the same direction as traffic [19, 23, 24]. Those under 16 are required to wear a helmet [19, 24].

How a Bicycle Accident Lawyer Can Help

Navigating the aftermath of a bicycle accident can be overwhelming. A knowledgeable Wilmington bicycle accident lawyer can provide invaluable assistance [3, 6, 29, 32, 33]:

Investigating the Accident: Gathering evidence, interviewing witnesses, and reconstructing the accident scene to determine fault [6, 10].
Dealing with Insurance Companies: Handling communications and negotiations with insurance adjusters, who often try to minimize payouts [22].
Building a Strong Case: Documenting your injuries, lost wages, and other damages to maximize your compensation [6, 10, 33].
Negotiating a Settlement: Pursuing a fair settlement that covers your medical expenses, lost income, pain and suffering, and property damage [3, 6, 10, 33].
Filing a Lawsuit: If a fair settlement cannot be reached, an attorney can file a lawsuit and represent you in court [4, 6].

Compensation You May Be Entitled To

If you’ve been injured in a bicycle accident due to someone else’s negligence, you may be entitled to compensation for [3, 6, 33]:

Medical Expenses: Past and future medical bills related to your injuries [4, 6].
Lost Wages: Compensation for lost income due to your inability to work [4, 6].
Pain and Suffering: Compensation for the physical and emotional distress caused by the accident [4, 6].
Property Damage: Repair or replacement of your bicycle and other damaged property [6].
Punitive Damages: In some cases, punitive damages may be awarded if the at-fault party’s conduct was particularly egregious [6].

Don’t Wait, Take Action

If you or a loved one has been seriously injured in a bicycle accident in Wilmington, don’t delay seeking legal assistance. Contact a qualified Delaware bicycle accident lawyer to discuss your case, understand your rights, and explore your options for pursuing compensation. The sooner you act, the better protected you will be.