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No one wants to think about getting hit by a driver, but it鈥檚 important to know what to do if it happens.
No one wants to think about getting hit by a driver, but it鈥檚 important to know what to do if it happens. (Photo: J. V. Aranda)
#2020cyclingdeaths

What to Do if You’re Hit by a Car

Being involved in a crash with a driver while on a bike or on foot is bad enough, but the trouble doesn鈥檛 always stop when you get yourself to safety. Navigating the justice and insurance systems afterward can also be an ordeal.

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No one wants to think about getting hit by a driver, but it鈥檚 important to know what to do if it happens.
(Photo: J. V. Aranda)

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America鈥檚 streets have gotten safer for those behind the wheel of a car, but they鈥檝e become more dangerous for everyone else. While overall traffic deaths have been on the decline for at least 40 years, cyclist and pedestrian fatalities hit a 30-year high in 2018, as Americans buy bigger cars, use more distracting technology, and spend more time on the road.

This Is Every Cyclist Who Was Killed by a Driver in 2020

It hasn鈥檛 been this dangerous to ride a bicycle on American roads in three decades.

Read More

No one wants to think about getting hit by a driver, but it鈥檚 important to know what to do if it happens. The moments after a crash are full of shock and confusion, and you鈥檒l need to keep your wits as much as possible听so you can prepare (if necessary) to deal with insurance companies, law-enforcement officials, and lawyers in the days and weeks to come. When you鈥檙e on a bike or walking, it can be easy to get pinned with the blame. As the resource guide published by , a New York鈥揵ased advocacy group, puts it: 鈥淚f you wish to hold the driver accountable in any way for the crash, just know it can be a long and complicated process.鈥

Lenore Shefman, an attorney in Austin, Texas, 鈥攑eople on foot, bikes, and motorcycles鈥攅mphasizes the same point when she gives talks at local bike shops. 鈥淓very person on a bike should know that, just by being on an alternate vehicle, you鈥檙e already at a disadvantage,鈥 she says. 鈥淓verybody drives a car, everyone leans toward听car drivers. We tend to be informed about those rules.鈥 When it comes to bikes, though, that鈥檚 not the case. Shefman routinely finds that even police officers have little or no training about cyclists鈥 rights, which can lead to hasty investigations and victim blaming.

Here are steps that should lead to more positive outcomes.


At the Crash Scene

Get Somewhere Safe

Before you do anything else, move off the street. If you can, leave your bike where it fell, because it may provide useful evidence to an investigator. Then call 911, or ask someone else to do it.

Even if you feel all right, stay at the scene. You may need medical attention even if you aren鈥檛 in pain, and you鈥檒l want to see听that the responding officer gets your side of the story and talks to witnesses.听In some states, police to write a report for the crash if there don鈥檛 appear to be any serious injuries or damages.

Make Sure the Scene Is Documented听

If you haven鈥檛 been seriously injured or taken to the hospital, Shefman recommends taking down the responding officer鈥檚 information so that you or a lawyer can follow up with them later. Cases abound in which officers misinterpret traffic laws or simply fail to talk to witnesses who may be able to back up the victim. Chana Widawski, a community organizer with Families for Safe Streets, says that, in her experience, you can鈥檛 always rely on officials to do their jobs. 鈥淪ome of the [victim鈥檚]听post-crash considerations are ridiculous things, like making sure that evidence is gathered,鈥 she says. 鈥淭hat should be the job of whatever relevant police department. But the reality is that it often doesn鈥檛 get done.鈥

Be sure to get insurance and contact information from the person who hit you. If there are people around who saw the crash, ask for their contact information听as well. Take photos and video footage of your bicycle, the car that hit you, and the road.

Widawski says that victims are often inundated with听offers from听concerned loved ones asking how to help,听and that you should take them up on their generosity. They can chase down surveillance videos or put up signs around the crash scene asking witnesses to come forward. Such actions听can yield information that changes the trajectory of court cases.

No matter what, you should review the final crash report, which in most states听can be obtained by contacting the police department of the officer who responded. The report should take only a few days to be completed, and you鈥檒l want to get it as soon as you can to make sure the details are right. Shefman regularly finds errors and omissions in these reports, and听in many cases, you can offer corrections by talking directly to the police.听


The Aftermath

Seek Medical Attention

Shefman recommends going to the hospital no matter what, because there鈥檚 a good chance you won鈥檛 know how badly you鈥檙e hurt in the shock of the moment. 鈥淥ften听people appear much better than they are because adrenaline is pumping through them,鈥 she says. 鈥淚 had one person walking around on two broken legs, and an older woman who walked on a broken knee for two months.鈥 Moreover, she says, her clients have almost always sustained some kind of brain injury; helmets are meant to protect the outside of your head from an impact, but they do nothing to prevent your brain from hitting the inside of your skull. You鈥檝e just been struck听by a multiton metal object. Get a doctor鈥檚 opinion.

Even if you鈥檙e not seriously hurt, it鈥檚 worth going to the hospital to get your injuries documented. Keep all receipts and documents related to your medical care.听

Get a Lawyer

Many attorneys focus specifically on cases involving people injured on a bike, and a number of them have formed that operates in 18听states and Washington, D.C.

Families for Safe Streets, lawyers are generally paid on a contingency basis, meaning they get a portion of whatever settlement you receive (usually about a third). Widawski recommends talking to several attorneys to find a good fit. The most important consideration, she says, is making sure they听have experience in this area of the law. Families for Safe Streets offers as you evaluate your options.

A lawyer will help you听determine whether your crash report has beenfilled out correctly, and they can help negotiate the insurance and medical systems. You鈥檒l likely need to file an insurance claim soon after the crash, which may involve talking to the driver鈥檚 insurer, and you鈥檒l want assistance听with that. You can start by calling the insurance company and telling them who was involved in the crash and when it occurred, but you鈥檒l want a lawyer with you before giving further details. If the driver is criminally charged, a lawyer may be able to connect you with resources to mitigate costs associated with your role in the case, like the justice department鈥檚 .

In the long term, one of the biggest risks you face will likely听be financial. Liability laws vary state by state, and figuring out who is responsible for medical bills can be complex. It鈥檚 also possible that your own insurance company will try to take a portion of any compensation you win in a civil trial. Both Widawski and Shefman say they鈥檝e seen crash victims lose jobs听and even slip into homelessness听as they try to recover.

Find a Community

鈥淭his is all about trauma,鈥 says Widawski, noting that the initial trauma of the crash is often compounded by the prolonged听insurance and criminal-justice processes that follow. Others have been through something similar and can help you cope. Families for Safe Streets holds in New York City for people who鈥檝e been injured by drivers, and additional听chapters across the country are starting their own support groups. The organization also has a to connect survivors of car crashes across the country.

Speak Up

Many crash survivors find a sense of purpose in pushing local politicians, prosecutors, and urban planners to take traffic violence seriously. If you feel the system has failed you in some way鈥攑erhaps a reckless driver is back on the road, or you were hurt on a poorly designed or dangerous street鈥攁nd you want to work for change, Families for Safe Streets and other groups can help you get your voice out there. Parallel organizations tackling the issue in other cities include听, , and the听. 鈥淲e want to provide a channel for people to turn their anger, frustration, and sadness into action to prevent anyone else from knowing the pain that they鈥檝e gone through,鈥 Widawski says.

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