After a Crash

2. Information to exchange

From the driver (or other cyclist):

• Full name, phone, and address
• Driver’s license number
• Insurance company and policy number
• License plate, plus vehicle make, model, and color
• Their employer, if they were driving for work — commercial insurance often applies

From any witnesses, before they leave:

• Name and phone number
• A quick note or voice memo of what they saw

3. Document the scene

• Photos of the damage — your bike, the vehicle, the road surface, skid marks, debris
• Photos of the surroundings — traffic signals, lane markings, sight lines, lighting, weather
• Photos of your injuries, and again over the following days as bruising develops
• A short voice memo describing what happened while it’s fresh
• The exact location — nearest cross streets, plus a GPS pin from your phone
• Time and date

4. Get medical care

• Go to the ER or urgent care, even if you feel okay. Head, neck, and internal injuries are routinely delayed.
• Tell every provider this was a bicycle crash. Same with X-ray and imaging intake. It puts the cause in your medical record.
• Save every bill, prescription, and discharge summary.
• Follow up with your primary care doctor within a few days.

5. Preserve evidence

• Don’t repair or discard your bike, even if it still rolls. Keep it as-is.
• Keep your helmet. It’s evidence, and it’s no longer protective after a single impact — replace it before riding again.
• Save torn or blood-stained clothing and gloves.
• Don’t wash anything until you’ve photographed it.

6. File a police report

• If officers came to the scene, get the report number and the officer’s name and badge.
• If they didn’t come, go to the station and file a report yourself, the same day if possible.
• Request a copy of the report when it’s released (typically 1–5 business days).
• Read the report carefully. Errors are common. If something is wrong, ask the officer how to correct it — most departments allow a supplemental statement.

7. Talk to an attorney before insurance

• Bicycle-specific personal injury attorneys offer free consultations and most work on contingency — no fee unless you recover.
• Do not give a recorded statement to the at-fault party’s insurance company before speaking to an attorney.
• Don’t sign anything from their insurer — releases or medical-records authorizations — without legal review.

8. Notify your own insurance

• Health insurance — needed for medical billing; notify them promptly.
• Auto insurance — many policies have personal-injury protection (PIP) or uninsured / underinsured motorist coverage that applies even while you’re cycling. Worth checking even if you don’t own a car — household policies may extend to you.
• Homeowner’s or renter’s — sometimes covers bike replacement or theft of equipment damaged in the crash.

9. Keep a record afterward

A simple journal makes a real difference if a case develops:

• Pain levels, day by day
• Missed work and lost income
• Every medical appointment and the provider’s name
• Sleep, mood, ability to exercise — quality-of-life impacts matter
• Mileage to and from medical appointments; often reimbursable

10. What not to do

• Don’t apologize or admit fault, even casually.
• Don’t post about the crash on social media. Insurance adjusters and opposing counsel routinely check.
• Don’t accept a quick cash offer at the scene from a driver who “doesn’t want to involve insurance.” Injuries surface in the days after; settlements close the door.
• Don’t agree to handle it informally without a police report and full information exchange.
• Don’t let anyone — including police — pressure you into a brief statement before you’re medically cleared and have your bearings.

Bike-on-bike crashes

The steps above apply. Two differences worth knowing:

• The other cyclist usually doesn’t carry liability insurance, but their homeowner’s or renter’s policy may cover injuries they caused.
• Police are less likely to respond to a cyclist-only crash. File a written report yourself anyway — it’s often the only documentation that will exist.

If you witness a crash

• Stop. Stay until police arrive.
• Help with first aid only if you’re trained.
• Give your name and contact info to the cyclist or their family.
• Write down what you saw before the details fade.

State-by-state differences

Cycling and crash law is set at the state level, and a few rules can change the outcome of a case dramatically. The four points below are the ones most worth knowing before you talk to anyone.

Statute of limitations

The deadline for filing a personal-injury lawsuit. Most states allow two or three years from the date of the crash, but some are shorter (Kentucky, Louisiana, and Tennessee are one year for personal injury). Claims against a city or government agency — for example, over road conditions — usually have a much shorter notice deadline, often 30 to 180 days. Don’t wait to find out.

Comparative vs. contributory negligence

Most states use some form of comparative negligence: if you’re found 20% at fault, your recovery is reduced by 20%. But a handful still use pure contributory negligence — if you’re found any percent at fault, you recover nothing. That rule applies in:

• Alabama
• Maryland
• North Carolina
• Virginia
• Washington, D.C.

In those jurisdictions, an off-hand “I’m sorry” at the scene or a careless statement to an adjuster can end a case. Several other states use a modified comparative rule with a 50% or 51% bar — if you’re more than half at fault, you recover nothing. Get local counsel.

Helmet laws and how they affect a case

Roughly half of U.S. states require helmets for cyclists under 16 or 18; very few impose universal helmet requirements. Some cities have stricter local ordinances. Importantly, in most states the absence of a helmet cannot be used to reduce damages from a crash caused by another party — but a few states allow it. Check your state.

E-bike classification

Most states have adopted the three-class e-bike framework (Class 1 pedal-assist, Class 2 throttle, Class 3 high-speed pedal-assist) but where each class is allowed — bike lanes, multi-use paths, sidewalks — varies widely. Crash response is the same, but classification can affect liability and insurance treatment.

Local resources

Cycling advocacy organizations near you can often recommend bicycle-friendly attorneys, help with reporting dangerous infrastructure, and connect you with crash survivors. Find a local group on the organization directory.