What to Do Before (and Immediately After) a Driver Hits You
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No one wants to discuss death or serious injury, but unfortunately, if you ride a bike, you need to plan for potential disaster.
“The reality is that as cautious as we think we are, cyclists are always at risk due to someone else’s negligence,” said Roy Tabor, an Indiana attorney specializing in bicycle cases. “Even the most defensive-minded cyclist can still fall victim to someone else’s negligence. We can’t control the level of safety of everyone else on the roadway.”
The moments after a crash isn’t the time to figure things out on the fly, and in many cases, is much too late. Here are several things you can do to prepare.
Check Your Insurance Coverage
Miami-based cycling attorney Eli Stiers said tweaking insurance coverage may be the most important thing cyclists can do to protect themselves. If you’re hit by a driver, there’s a decent chance they may be carrying only the minimum amount of liability insurance.
In states like Florida, the minimum bodily injury limits are $10,000, which might not even cover your initial emergency-room visit. Luckily, most auto insurance protects against uninsured and underinsured motorists, even if you’re on a bicycle and not ensconced within your car. Uninsured motorist insurance also covers hit-and-run crashes, which, Stiers notes, are unfortunately all-too common.
“If you’re hit and the driver leaves you for dead, you won’t have anyone to sue for damages, but at least your medical expenses and bills will be paid (up to your limits),” Stiers said.
Medical insurance can be more complicated, as most policies don’t allow for à la cart upgrades. Many riders are faced with a pricey dilemma—buy more robust health insurance with the accompanying price tag or roll the dice or hope the distracted driver behind you veers left instead of right. When buying a policy, be sure to look beyond deductibles.
“It never occurred to me that emergency medical transportation could be out of network,” said former Bicycling employee Andrew Bernstein, a Boulder-area cyclist who was hit by a driver and severely injured last July, “but my insurance covered several ambulances and a helicopter at an out of network rate, and I’m now facing those bills.”
Bernstein also suggested creating a living will in case you’re not able to voice your wishes after being hit.
Ride With Cameras (and Tell Someone About Them)
I ride with front-and rear-facing Cycliq cameras on my road bike. It won’t prevent me from getting hit, but it will provide evidence for law enforcement if I need it.
“Police officers investigating car versus bike crashes often struggle to recreate an accident and assign blame,” Stiers said. If you’ve been hit by “a 2,000 pound metal death machine, you are not always in the best position to give your side of the story. Worse, as the primary gatherers of evidence at the scene, police officers’ decisions are critical and can have a lasting effect on your ability to bring a claim against an at-fault driver.”
Further complicating matters, police officers can have an unconscious bias against people on bikes or may not be fully aware of laws pertaining to cyclist/driver interactions on the road.
“The unfortunate reality is that in this country, many drivers and police officers think you’ve got a screw loose for (riding on the road), and when an accident occurs, they feel like you’ve gotten what was coming to you,” Stiers said. “I’ve had many a case where a driver or an officer blamed a cyclist for an incident that was clearly caused by the driver.”
My wife and frequent riding partners know I record every ride, and if I’m not able to tell first responders about the video evidence, one of them will.
On a related note, if you have crash-detection technology on your devices, enable it, especially if you often ride alone.
Have Your Emergency Contacts Easily Accessible
My wife is identified with an ICE notification on my phone, but Tabor recommends against having all your relevant information just on your phone.
“Don’t rely on a phone exclusively, as they can be damaged or broken during a collision,” Tabor said, adding any written emergency contact list should also include whether you have any medical conditions or take certain prescriptions.
In addition to my RoadID bracelet, on every ride I carry a heavy-duty baggie with a driver’s license (expired, but still has current information), a credit card, $20 cash, a few business cards, a pocket-sized bike-laws pamphlet, and a laminated list of emergency contact numbers. Giving first responders multiple options allows them to find and notify your contacts faster.
Have an Action Plan in Place
If you ride with others on a regular basis, have a plan in place if one or more of you are injured. Consider writing it down and saving it with your emergency contact list. So what should be on it?
If your friend was hit, immediately call 911 and give any needed emergency first-aid.
Take photos of the scene, collect the contact info of potential witnesses.
Scan the area for any video cameras that might have captured footage of the incident.
When the police arrive, be sure to get the name and contact information of the officers.
Jot down or type into your phone all the details of the incident while they’re still fresh in your mind.
As discussed earlier, medical care can be prohibitively expensive, but don’t let that stop you from asking for assistance. If paramedics believe it’s warranted, go to the hospital for further treatment or tests.
“Unfortunately, many cycling injuries are head injuries, and it’s usually impossible to assess those at the scene,” Stiers said. “A head CT at a hospital can rule out any brain bleed, bruising, or structural damage. If you’ve taken a blow to the head or lost consciousness, you should go to the hospital to rule out serious life-threatening injury. The same goes for any fractures or dislocations.”
Both Stiers and Tabor advise against talking to the driver’s insurance company without having a lawyer or other advocate with you. Keep any broken bikes, parts or helmets, as well as any clothing that was cut off at the hospital.
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