Steps to Take After a Bicycle Accident in Kansas: A Guide to Protecting Your Rights
Bicycle accidents can have devastating consequences for riders. Having less protection than commuters in motor vehicles, cyclists can be left with severe physical injuries, emotional trauma, and heavy financial strain.
The good news is that there are things you can do to improve your situation in the aftermath of a mishap. Learn the steps to take after a bicycle accident in Kansas: a guide to protecting your rights.
Prioritize Your Safety and Call for Help
Following a bike accident, you’re likely to feel overwhelmed and might not immediately know how to react. No one ever expects to be in an accident, so it can be tough to plan for one.
Regardless, your safety is always the top priority. Move to a safe location if you’re able to do so without putting yourself at risk of further harm. Once you’re in a secure location, call 911 to report the incident and ask for police and emergency medical assistance.
It’s a good idea to get checked out at the hospital, even if you feel fine. Some injuries, like brain trauma and internal bleeding, aren’t always immediately obvious, and they can cause bigger problems if they’re not treated quickly.
Moreover, the official police report will serve as an official, objective record of the accident. The responding officer will take down unbiased details about what happened and who was involved. This report could play a critical role in establishing liability when the time comes to file a lawsuit for compensation from the responsible party.
Collect Evidence at the Scene (and Beyond)
If you’re physically able to do so, it’s wise to start collecting evidence immediately. If you can’t, ask someone you trust to do it for you. Evidence is a crucial aspect of any personal injury claim and can greatly influence the outcome of your case. At a minimum, you’ll want to preserve:
Photos and videos of the accident scene, your bike, the other vehicle(s) involved, and any visible injuries
Road conditions, traffic signs, and weather conditions
Contact information (names, phone numbers, and insurance info) of the driver involved
Contact information of any witnesses on the scene.
It will also be helpful to take notes about your own recollection of the accident. Write down the time, location, and events as you remember them. As you go through your treatment, keep a journal about how the injury has impacted your daily life.
Cyclists in Kansas have the same rights as drivers. Holding the at-fault party accountable for your injuries often depends on how well you and your legal counsel can preserve and present key evidence.
Contact Your Insurance Company
Don’t forget to let your insurance company know what happened. Kansas is a no-fault state for auto insurance, which means your own personal injury protection (PIP) coverage should pay for your initial medical costs and lost wages, regardless of who caused the accident. However, the state also allows for personal injury claims when losses exceed PIP insurance or involve serious injuries.
When you talk to your insurer, be careful about what you tell them. Stick to the bare facts and avoid saying anything that could be interpreted as admitting fault. Adjusters will look for any way to minimize or deny your claim, so tell them only what happened and nothing more.
Understand Legal Liability
Kansas follows a modified comparative negligence rule, which allows injured parties to recover compensation even if they were partially responsible for the accident, so long as their share of the fault isn’t over 50%. However, their compensation is reduced by their assigned percentage of fault.
For example, imagine that you win $100,000 as part of a settlement, but the courts determine that you were 10% responsible. After that reduction, your final payout would be $90,000.
Palmer Law Group has been helping bike accident victims obtain much-needed compensation since 1980. Call us today to discuss your case and protect your rights.
Keep All Medical Records and Receipts
It’s imperative that you keep detailed records of your treatment and expenses in the wake of your accident. You’ll need this information to strengthen your claim when it comes time to negotiate a settlement, as it will prove the severity of your injuries and the impact they’ve had on your life.
Additionally, remember to hold on to receipts for any out-of-pocket costs, including transportation to appointments or bicycle repairs.
Contact an Attorney
Injury victims sometimes hesitate to hire a lawyer for various reasons. Some think they can’t afford it, while others think their case is straightforward enough that they can handle it on their own. However, personal injury law is complicated, and you shouldn’t have to deal with the stress of interpreting complex legal requirements while you’re trying to recover from an injury.
Dedicated legal counsel can help you in these ways:
Determine the full scope of your financial losses, both current and future, as well as non-economic damages
Negotiate with insurance companies for a fair settlement offer
File a lawsuit and argue the matter in court if a settlement can’t be reached.
In Kansas, personal injury cases must be filed within two years of the date of the accident. However, there are some exceptions. If you didn’t discover your injury right away, the clock doesn’t start until the date of discovery. It’s a good idea to work with an attorney to make sure you don’t miss any important deadlines.
Avoid Discussing the Accident on Social Media
You might be tempted to share details about your accident on social media, but it’s best to refrain from talking about it altogether. Even seemingly innocent remarks can be used against you in surprising ways, so don’t post updates, photos, or comments about anything related to the incident or your resulting injuries.
Move Forward With Confidence After a Bicycle Accident
Recovering from a bike accident is about more than just healing physically — it’s about making sure your rights are honored and your future is secure. Dealing with a personal injury case can feel overwhelming, but qualified legal counsel can make all the difference.
If you’ve been hurt in a bike accident, Palmer Law Group is here to help. Contact us today to schedule a free consultation and get professional assistance with your claim.