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What Legal Steps Should You Take After a Serious Bicycle Accident?

Riding a bicycle in Salt Lake City is a way of life for many. Whether you are a daily commuter on State Street or an avid rider on the Jordan River Parkway, the shared roads between cyclists and vehicles can be dangerous. A serious bicycle accident can happen in an instant, leaving you with devastating injuries and a confusing set of questions. My clients often ask, “What are the first legal steps I should take?” The moments after an accident are crucial, and acting with purpose can make all the difference in the fight for your recovery.

A personal injury claim is a battle against the at-fault driver’s insurance company. They will use every piece of information to minimize their payout. Your actions, starting from the moment the crash happens, can either build a strong foundation for your case or create obstacles that are difficult to overcome. Knowing your rights as a cyclist under Utah law and understanding the proper procedures is the key to taking control of your situation.

1. Secure the Scene and Your Safety

Your first priority is always your health. Move to a safe location, out of the traffic flow, if you can. Adrenaline can mask pain, so even if you think you are not severely hurt, you must seek medical attention immediately. Call 911 for an ambulance if you have serious injuries. Do not try to be tough; your health is what matters most.

When the police arrive, be sure to request that they file an official accident report. This report is vital evidence that documents the facts of the crash, including the date, time, location, and the parties involved. In a bicycle accident, the police officer’s findings on who was at fault can carry significant weight. Give a factual account of what happened, but do not admit fault or say anything that could be used against you later.

2. Gather Critical Evidence

After an accident, evidence can disappear quickly. That is why I tell my clients they must document the scene aggressively. Use your phone to take photos of everything. Capture the position of the vehicles and your bicycle. Take pictures of any skid marks, road conditions, or traffic signs that may be relevant. Photographing your injuries and any damage to your bike is also important. A detailed visual record can be a powerful tool for your case.

You must also get the driver’s information. This includes their name, phone number, license plate number, driver’s license number, and insurance information. Do not have a conversation with the driver beyond this. You should also look for witnesses. A third-party witness statement can be invaluable, so get their names and contact information as well.

3. Seek Medical Treatment Immediately

Even if you do not need an ambulance, you must go to the emergency room or see a doctor immediately. Some injuries, such as concussions or internal bleeding, may not be apparent right away. A prompt medical evaluation ensures that any hidden injuries are found and treated. It also creates an official record that connects your injuries directly to the accident.

Keep detailed records of all your medical treatment, appointments, and bills. I need to know every detail of your recovery to fight for the compensation you deserve. This includes the initial hospital visit, physical therapy, specialist consultations, and any prescriptions you need.

4. Understand Utah’s Personal Injury Laws

Bicycle accidents are complex in part because of Utah’s specific laws. When you ride a bicycle, you have the same rights and are subject to the same traffic laws as the driver of a motor vehicle. This means you must ride on the right side of the road, obey all traffic signals, and signal your turns, just like a car. The driver of a vehicle must also respect your right to the road.

If a driver’s negligence caused the crash, you can hold them accountable for your injuries. This could be due to distracted driving, running a stop sign, or failing to yield the right-of-way.

5. Be Aware of Utah’s Statute of Limitations

The statute of limitations is a legal deadline for filing a lawsuit. In Utah, the statute of limitations for a personal injury claim is four years from the date of the accident. This is an important rule to remember. If you do not file your lawsuit within this four-year period, you will lose your ability to seek compensation, no matter how strong your case. While four years may seem like a long time, the legal process is complex and time-consuming. You must not wait to act.

6. Consider the Rule of Modified Comparative Negligence

In Utah, even if you are partially at fault for the accident, you can still recover compensation as long as your fault is not equal to or greater than the other driver’s. This is known as modified comparative negligence. If your case goes to trial, a jury will determine each party’s fault percentage. For example, if you are found to be 20% at fault, your total compensation will be reduced by 20%. But if a jury finds you are 50% at fault, you will recover nothing. This is one of the most common tactics an insurance company will use to deny your claim. They will aggressively try to prove you were at fault to avoid paying. This is why you need a lawyer who is equally aggressive on your side.

My Aggressive Approach to Bicycle Accident Claims

A bicycle accident claim in Salt Lake City is a fight. I do not back down from a fight; I take a relentless, aggressive approach to ensure my clients are heard and their rights are protected. When you hire me, I take on the insurance companies and their legal teams. I gather the evidence, handle all communication, and cut through the obstacles they put in your way. My job is to handle the legal battle so you can focus on healing.

Do not let an insurance company take advantage of you. The moments after a crash are crucial, and the time to act is now. Contact me today to discuss your case and learn more about how I can fight for you. Call me at 385-483-4703 for a free and confidential consultation.

Sources:

Salt Lake City Corporation: Bicycle Crashes 2017-2021. https://maps.slc.gov/portal/apps/dashboards/df36e8566076488a8539a9e8dd7dffb5

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