1/3 of all bike fatalities happen during the months of July, August & September.
| Cyclists Killed in 1999 (nationaly) | 750 |
| Cyclists injured in 1999 (nationaly) | 51,000 |
| Cyclists Killed in 1999 (Illinois) | 28 |
64 % of all cycling fatalaties ocur in non-interesection areas.
70% happen between 5:00
& 9:00 p.m.
source:NHTSA Traffic Safety Facts, 1999
| What to do if someone (something) causes you to crash; recent crash statistics; your rights and responsibilities in the event of a crash; and, how to avoid crashes. |
INJURY CLAIMS
Crashes and injuries are risks inherent in cycling. Some are preventable and others are inescapable. Hardly anyone crashes on purpose. Risk of self-inflicted injury or injury without fault is one thing, injuries where someone else is responsible is another. As with any other aspect of "tort" law, a person who injures or damages someone else as a result of negligence or other misconduct is can be held accountable for the damages inflicted. In other words, if someone else caused your damages, you may be able to have your damages paid.Generally, the ability to make a claim for your damages depends on the following issues:
was the crash caused by a road/path condition? was the crash caused by another cyclist, driver, or pedestrian? was the crash caused by bicycle component malfunction? were you hurt and/or was your property damaged? when did the crash happen?
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What to do if you crash (lawyers version)
It goes without saying that bicycles and cyclists are vulnerable to injury in collisions. Thus, it goes without saying that we should all know what steps to take to protect life property and legal rights in the event of a crash. The purpose of this guide is to help you know what to do, how to do it in the right way, and at the right time. Here are my suggestions of what to do if you collide with a car or pedestrian while riding:- STOP! (and try to make sure the other guy stops too.). Anyone involved in a crash that causes an injury or a death is obliged to stop (safely and out of the way), to render aid, and to provide identifying information. If you don't, you can be criminally prosecuted, regardless of fault. If there is a road hazard, do whatever is necessary to warn other traffic of the danger. If the other person tries to leave the scene takes steps to write down or memorize any indentifying information to help the police, later
- HELP ANYONE WHO IS HURT Call for an ambulance or doctor as needed. Give whatever help you can reasonably and carefully provide
- CALL THE POLICE. Police are trained to handle any type of emergency. Let them handle the situation so that you can focus on your own safety and well being. Cooperate with the police to the greatest extent possible. The police report can be a major help if you are sued or if you intend to sue someone else. If the crash happens inside city limits, call the city police. Otherwise, call the nearest State Police or County Sheriff.
- EXCHANGE SOME INFORMATION WITH THE OTHER PARTY. You have a right to the other party's name, address, license plate number, and drivers license number and you have an obligation to provide the same information to him. You can be prosecuted if you do not. A driver involved in a crash must also show proof of valid liability insurance. Take down the name of the insurance company, the insurance policy number; and insured's name and address. You do not have to provide any other information. Do not accept blame, admit fault, or make any comment about how the crash happened. No on at the scene has the right to demand you do so.
- YOU HAVE THE RIGHT TO REMAIN SILENT... Do not accept blame, admit fault, or make any comment about how the crash happened. No on at the scene has the right to demand you do so
- SEEK OUT PROTECTIVE INFORMATION. If you can, write down the names, addresses and phone numbers of witnesses and any companions as well. If a legal claim occurs, witnesses will be important for your case. Try to find out the name of any other parties insurance and the insurance policy number. If you have a camera with you (and if it will help you) take photographs of the scene, your bike, and / or yourself. Take your own notes of what happened and draw a sketch of the scene. Details can be lost over time, so try to write down every detail you think is important. If there is time, and if you are able, try to measure the lengths of skid marks your gearing, and other important details which might become important later on..
- SEE YOUR DOCTOR or, if it feels really bad, go to the hospital. Your health is critical so if you have any doubt about your condition, an evaluation makes sense. Follow your doctor's advice. This is is especially true for cyclists.
- FILE THOSE REPORTS Cyclists who crash while in the scope of their employment should notify their employer and workers compensation insurance company as soon as practicable. Other Cyclists should notify personal liability insurance companies. The police typically provide motorists with a form that is supposed to be completed and sent to the Illinois Secretary of State in connection with mandatory auto liability insurance laws. Only certain messengers have a legal duty to have this insurance so this report need not be filed..
- Consult with an attorney
How Not to Get Hit by Cars
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Several different forms of insurance can come into play when a crash results in injuries or damages. The specific insurance policy or policies involved will depend on the unique facts of the crash.
LIABILITY INSURANCE
When a motor vehicle causes the crash, the owner or driver's liability insurance company should be responsible for your claim. If there is no insurance (or insufficient insurance), you could sue the driver and try to make him pay out of pocket.UNINSURED MOTORIST COVERAGE
If the other car is not insured or if it leaves the scene and cannot be identified, your uninsured motorist insurance may still have to pay your claim. exception: a phantom car that causes your injury but doesn't make contact with you does not trigger this coverage!Liability claims take a while to resolve. There may be questions about who caused the crash, the extent or cause of your injuries, and it may take time for your injuries to heal. The process can take months or years.
MEDICAL PAYMENT COVERAGE
Use your health insurance and / or automobile insurance's medical payments coverage to pay your medical expenses. Liability insurers hardly ever pay ongoing medical expenses while a claim is pending.Most of us can't afford to pay medical bills "out of pocket." No one wants to. Lawyers are prohibited from advancing medical costs. Doctors should not have to "wait" for a case to settle before they will be paid. You buy these insurances to pay for medical expenses; USE THEM.
UNDERINSURED COVERAGE
Auto insurance is mandatory in Illinois, but the minimum limits are $40,000.00 for each occurrence and only $20,000 to any one person. Almost any injury involving a hospitalization or broken bone is going to result in damages that exceed that limit. If an injury produces damages that are greater that the wrongdoers insurance, youmay be able to trigger underinsured motorist coverage on your insurance policy.RIGHTS & RESPONSIBILITIES
A person who is injured due to the fault of someone else is entitled to compensation for those injuries. These damages can and should include:- reasonable & necessary medical expenses
- lost earnings
- value of property damaged
- pain suffered
- disability
- disfigurement
- future expenses, pain, etc.
You must take reasonable steps to treat your injuries and otherwise minimize your damages.
You must report the crash to the appropriate authorities and should notify insurance companies
You must preserve the evidence that supports your case.
You must meet certain very strict time deadlines that can effect your rights to make your claim.
