In California, bicycle accidents are alarmingly common, with thousands of cyclists injured or killed each year. According to the California Office of Traffic Safety, there were nearly 12,000 bicyclist injuries and 124 fatalities in the state in 2018 alone. These accidents can lead to severe injuries, substantial medical bills, and long-term emotional and physical consequences.

Given the potentially devastating impact of a bicycle accident, it's crucial to know how to document evidence properly. Thorough documentation can significantly strengthen your claim, ensuring you receive fair compensation for your injuries and losses. This process involves several critical steps, from gathering evidence at the scene to preserving physical and electronic records.

Immediate Steps at the Scene

Ensure Safety

The first and most crucial step after a bicycle accident is to ensure your safety and the safety of others involved. If you are able to move, get yourself to a safe location away from traffic to prevent further harm. Once you are safe, check yourself and others for injuries. Assess the severity of the injuries and administer basic first aid if you are able to do so. Ensuring everyone’s safety is the top priority before proceeding to document evidence.

Call 911

Regardless of the severity of the accident, it is essential to call 911 and report the incident to the police. A police report provides an official record of the accident, which can be vital for your claim. When calling 911, provide the dispatcher with detailed information about the location of the accident, the number of people involved, and the nature of any injuries. Request medical assistance if needed. Emergency responders can provide immediate medical care and transport injured individuals to the hospital if necessary.

Steps to Take:

1. Call 911: Dial 911 and provide accurate information about the accident's location and the extent of injuries.
2. Wait for Responders: Stay on the line with the dispatcher until emergency responders arrive. Follow their instructions carefully.
3. Provide Information: Once the police arrive, provide them with a clear and factual account of what happened. Avoid speculating or admitting fault.

Gathering Evidence at the Scene

Photographs and Videos

Accident Scene

Capture wide-angle photographs and videos of the entire accident scene. These should include all vehicles involved, the bicycle, and the surrounding area. Wide-angle shots help provide context and show the overall layout and conditions at the time of the accident.

Vehicle Damage

Take detailed close-up photos of any damage to the vehicles and the bicycle. Document dents, scratches, broken parts, and any other visible damage. These photos can help demonstrate the severity of the impact and support your claim for damages.

Road Conditions

Photograph and video the road conditions, including potholes, debris, skid marks, or any other factors that might have contributed to the accident. This evidence can be crucial in establishing liability and understanding the circumstances of the accident.

Injuries

Take clear photographs of any visible injuries you sustained. This visual evidence can help illustrate the extent of your injuries and support your claim for compensation. Make sure to document all injuries, no matter how minor they may seem at the time.

Witness Information

Contact Details

Collect the names, phone numbers, and addresses of any witnesses to the accident. Witnesses can provide an objective account of what happened, which can be valuable in supporting your claim.

Statements

If possible, record or write down statements from witnesses detailing what they saw. Ask witnesses to describe the events leading up to the accident, how the accident occurred, and what happened immediately afterward. Witness statements can help corroborate your version of events and provide additional perspectives on the accident.

Driver Information

Contact and Insurance Details

Collect the name, contact information, driver’s license number, and insurance details of the driver(s) involved in the accident. This information is essential for filing insurance claims and pursuing legal action if necessary.

Vehicle Information

Record the make, model, color, and license plate number of the vehicle(s) involved in the accident. Detailed vehicle information can help identify the involved parties and support your claim for damages.

Steps to Take:

1. Approach Calmly: When gathering information, approach the driver and witnesses calmly and respectfully.
2. Use Your Phone: Use your phone to take notes or record information to ensure accuracy and completeness.
3. Double-Check Details: Before leaving the scene, double-check that you have all the necessary information and that it is accurate.

Medical Documentation

Seek Immediate Medical Attention

After a bicycle accident, it’s crucial to seek medical attention immediately, even if you believe your injuries are minor. Some injuries, such as concussions or internal injuries, may not show symptoms right away but can have serious long-term consequences if left untreated. A prompt medical evaluation ensures that any injuries are diagnosed and treated early, preventing complications and establishing a medical record of the accident.

Steps to Take:

1. Visit an Emergency Room or Urgent Care: If your injuries are severe, go to the nearest emergency room or urgent care center for immediate treatment.
2. See Your Primary Care Physician: For less urgent injuries, schedule an appointment with your primary care physician as soon as possible.
3. Get a Thorough Examination: Ensure that the medical professional conducts a thorough examination and documents all findings related to the accident.

Follow-Up Care:

• Importance of Follow-Up Appointments: Follow-up care is essential for monitoring your recovery and ensuring that all injuries are properly treated. Attend all scheduled follow-up appointments and adhere to the medical advice provided by your healthcare professionals.
• Continuing Treatment: Adhering to your treatment plan, including physical therapy, medications, and any recommended lifestyle changes, is crucial for a full recovery. Regular follow-up visits allow your doctor to track your progress and make necessary adjustments to your treatment plan.

Medical Records

Treatment Documentation:

• Keeping Detailed Records: Maintain detailed records of all medical treatments you receive following the accident. This includes diagnoses, treatment plans, prescriptions, and any medical procedures performed. These records provide essential evidence of your injuries and the extent of medical care required.
• Types of Documentation to Keep:
  • Doctor’s Notes: Keep copies of all notes and reports from your healthcare providers.
  • Test Results: Maintain records of any diagnostic tests, such as X-rays, MRIs, or blood tests.
  • Therapy Records: Document any physical therapy or rehabilitation sessions you attend.

Medical Expenses:

• Maintaining Receipts and Invoices: Keep all receipts and invoices for medical expenses related to the accident. This includes costs for doctor’s visits, hospital stays, medications, physical therapy, and any medical equipment or supplies needed for your recovery.
• Categorizing Expenses: Organize your medical expenses by category to make it easier to track and total your costs. Categories may include:
  • Emergency Room Visits: Costs associated with initial emergency care.
  • Ongoing Medical Care: Expenses for follow-up appointments and specialist visits.
  • Medications: Costs for prescription and over-the-counter medications.
  • Therapies: Expenses for physical therapy, occupational therapy, or other rehabilitation services.
  • Medical Supplies: Costs for items like crutches, braces, or wound care supplies.

Preserving Evidence

Physical Evidence

Bicycle and Gear:

• Preserve the Damaged Bicycle and Protective Gear: After a bicycle accident, it’s important to keep the damaged bicycle and any protective gear you were wearing, such as your helmet, gloves, and reflective vests. These items can serve as critical evidence in demonstrating the severity of the impact and the nature of the accident.
  • Do Not Repair or Alter: Avoid repairing or altering the bicycle and gear until after your claim has been resolved. The condition of these items can provide valuable information about the accident.
  • Photograph the Items: Take detailed photos of the bicycle and gear, focusing on the damaged areas. This visual documentation can supplement the physical evidence.

Clothing:

• Keep the Clothing Worn During the Accident: If your clothing was damaged or stained with blood during the accident, keep these items as evidence. They can help illustrate the force of the collision and the injuries sustained.
  • Photograph the Clothing: Take photos of the clothing, showing any tears, rips, or bloodstains. This evidence can support your injury claims and demonstrate the impact of the accident.

Electronic Evidence

Dash Cam or CCTV Footage:

• Obtain Dash Cam Footage: If you or any witnesses had a dash cam that captured the accident, obtain a copy of the footage. Dash cam videos can provide a clear and unbiased account of the incident, showing how the accident occurred and who was at fault.
  • Secure the Footage: Ensure that the footage is saved and backed up to prevent it from being lost or overwritten.
• Seek CCTV Recordings: Look for nearby businesses or traffic cameras that may have captured the accident. Request copies of any relevant CCTV recordings as soon as possible, as these recordings are often overwritten after a certain period.
  • Request Assistance: If you need help obtaining CCTV footage, your attorney can assist in making formal requests to businesses or government agencies.

Phone Records:

• Save Text Messages, Call Logs, and GPS Data: Electronic data from your phone can provide important evidence about the events leading up to and following the accident.some text
  • Text Messages: Save any text messages related to the accident, including those to family, friends, or emergency contacts.
  • Call Logs: Keep a record of your call logs to show any emergency calls made immediately after the accident.
  • GPS Data: If your phone or a fitness tracker was recording your location or route, save this data. It can provide context about your ride and the exact location of the accident.

Drake Law Firm

If you or a loved one has been involved in a bicycle accident, don't navigate the aftermath alone. Contact Drake Law Firm today for a free consultation to discuss your case and understand your rights. Our experienced attorneys are here to provide the support and legal guidance you need to pursue the compensation you deserve.

Contact Information:

• Phone: 1-844-513-7253
• Los Angeles Office: 19935 Ventura Blvd, 3rd Floor, Woodland Hills, CA 91364
• San Francisco Office: 50 California St, 15th Floor, San Francisco, CA 94111
• Stockton Office: 2291 W. March Lane St, Suite A115, Stockton, CA 95207
• Fresno Office: 5588 N. Palm Ave., Fresno, CA 93704
• Website: Drake Law Group

At Drake Law Firm, we are dedicated to achieving the best possible outcome for our clients. We understand the challenges and stress that come with being involved in a bicycle accident. Our team is committed to providing compassionate support and expert legal representation. Let us handle the legal complexities so you can focus on your recovery. Contact us today to learn how we can assist you.