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What to do After a Bicycle Wreck – From a Mississippi Bicycle Wreck Attorney

If you are riding a bike and are hit by an car or truck what should your next steps be? If you come upon the scene of a wreck where an bicycle rider has been injured what should you do?

This article seeks to answer these questions, and provide a resource that can be printed and taken with you so you will have this information when you need it most. Some of this information is available in our Android app.

Mississippi Bicycle Wreck Attorney

What to do after a Bicycle wreck with a car or truck.

  1. Stay at the scene;

    The documentation that will be provided by a police officer are absolutely necessary to make a claim for property damage or personal injury. If you don’t stay at the scene in your vehicle after causing injuries or property damage you may be cited for hit and run. (see Mississippi hit and run statute below.)

  2. Get the license plate number of the vehicles involved in the wreck;

    This information will be important, and is the only clear identifying information about who owns the vehicles involved in the incident. Any Mississippi Bicycle Wreck Attorney will be very interested in this information because of the need to identify who was in the wreck and who may be responsible for the bike wreck.

  3. Get your bearings;

    Check on the individuals involved in the wreck and if anyone is unconscious, was thrown from their bicycle, is pinned under an obstacle or has pain in the neck or back. If so, these individuals should not be moved until an ambulance or authorities arrive.

  4. Call the police;

    If there is a wreck involving injuries or property damage of more than $500.00 then Miss. Code Ann. § 63-3-411  (2014) requires that the driver of the vehicles are required to call the local police department. It is usually best to call.

  5. Don’t move the vehicles;

    The police officer who arrives at the scene will be gathering information and seeing where the vehicles are located post-wreck may be very important in the officer’s narrative account and diagram of the scene of the wreck. For this reason it is recommended that as much as possible the vehicles be left as they are.

  6. Gather information, especially for witnesses;

    If there are any witnesses at the scene. Get their names, and cell phone numbers. Third-party witnesses can be very helpful in proving how the wreck occurred because they do not have any vested interest in the wreck. Also gathering insurance information, name, address and phone number for any drivers will be very helpful.

  7. Know that anything you say can be used against you in court; 

    Some insurance policies have limitations on coverage when drivers admit liability or say the wreck is their fault. Generally it is a bad idea to guess who or what caused the wreck, just state the facts of the wreck as you remember them.

    Trying to explain how a wreck occurred to anyone other than the officer is usually a no-win situation because anything you say or do may be admissible in court as an “admission” or “statement against interest.” Others often do not have a perfect memory of what was said, but saying nothing about how the wreck occurred will hopefully minimize this.

  8. Take Photos;

    Several of the scene of the wreck, of your property damage, of your injuries and of any skid marks (or lack thereof) leading up to the scene of the wreck.

  9. Refer to your insurance policy;

    You have been paying for insurance coverage, if the time comes that you need to make a claim you should use your coverage.  Medical payment coverage may provide reimbursements for your medical expenses. Your collision coverage may pay for your own property damage, and if you have uninsured motorist coverage (worth it) then you may be protected even when the other individuals involved in the wreck do not have insurance.

    Often we hear concerns about insurance rates rising as a result of making a claim. If you are concerned about this please allow us to provide you additional information on this topic.

  10. Understand early settlement offers;

    Be careful of immediate settlement offers from an insurance company, some injuries become more pronounced a few days after the wreck. Many claims are settled with early, very low offers which are likely unable to account for the ongoing issues, lost work and pain related to your injuries. At the very least give yourself a period of time to be sure no additional aches or pains emerge.

  11. Read every document that the insurance company asks you to sign 

    Make sure you are not releasing your personal injury claim when dealing with your property damage. Sometimes language releasing a personal injury claim creeps into a release for property damage, and those claims could be released forever.

    If you have a question about any of these documents, please feel free to take advantage of our free consultation concerning your claim.

  12. Consider getting a free consultation with a Mississippi Bicycle Wreck attorney;

    A personal injury attorney can explain to you the benefit of being represented in your claim, explain the process and put your mind at ease. Contact us today. 601-272-2406

Printable Version of these summarized rules: pdf

What to do after a Bicycle wreck with a car or truck.

Keep this information in your travel pack or glove compartment for use after a bicycle wreck. If you would like to speak with a qualified personal injury attorney call us at 601-272-2406.

  1. Stay at the scene;

  2. Get the license plate number of the vehicles involved in the wreck;

  3. Get your bearings;

  4. Call the police;

  5. Don’t move the vehicles;

  6. Gather information, especially for witnesses;

  7. Know that anything you say can be used against you in court;

  8. Take Photos;

  9. Refer to your insurance policy;

  10. Understand early settlement offers;

  11. Read every document that the insurance company asks you to sign; and

  12. Consider getting a free consultation with a Mississippi Bicycle Wreck attorney. 601-272-2406

Miss. Code Ann. § 63-3-405. Duty of driver involved in accident resulting in injury or death or property damage to give information and render aid; liability for rendering a The driver of any vehicle involved in an accident resulting in injury to or death of any person or damage to any vehicle which is driven or attended by any person shall give his name, address and the registration number of the vehicle he is driving and shall, upon request and if available, exhibit his operator’s or chauffeur’s license to the person struck or the driver or occupant of or person attending any vehicle collided with.

Said driver shall render to any person injured in such accident reasonable assistance, including the carrying, or the making of arrangements for the carrying, of such person to a physician, surgeon or hospital for medical or surgical treatment if it is apparent that such treatment is necessary or if such carrying is requested by the injured person. No such driver who, in good faith and in the exercise of reasonable care, renders emergency care to any injured person at the scene of an accident or in transporting said injured person to a point where medical assistance can be reasonably expected, shall be liable for any civil damages to said injured person as a result of any acts committed in good faith and in the exercise of reasonable care or omission in good faith and in the exercise of reasonable care by such driver in rendering the emergency care to said injured person.

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