A Handy Checklist For Bicyclists If Hit By A Car

November 23, 2010 at 4:06 pm | Posted in Resources | 5 Comments
Tags: Collisions, If Hit By A Car

All too often I hear of cyclists not getting all the info they need from motorists after a collision.Getting all the required information at the scene of the collision is one of the most important things that you can do to best position the incident to have charges pressed and/or to get compensation for any physical injuries, lost wages, property damage (i.e., your bike, your helmet, contents of your bags, etc.), and to make sure the driver is held accountable.

I spoke with Ross Hirsch, the local attorney who represented Ed Magos in the monumental Hit-and-Run case. He explains that “often times the cyclist’s post-crash ‘weird state of mind’ is the culprit for the failure to get all of, and the right, information.” Cyclists are typically in a state of shock after a collision, no matter how serious, and it is quite normal for them to be confused–and thus they may not be thinking clearly. And motorists who will likely be looking out for their own interests and seeking to minimize any potential exposure, are typically reluctant to voluntarily offer all the information that the CVC requires to be exchanged in the event of a collision. Thus, play it safe and ask for all their information—demand it if you have to.

For that reason Hirsch has put together a convenient “cheat sheet” that he carries around in his bag in the event of a collision.

“I always ride with a pen and my ‘handy dandy cheat sheet’–with fill-in-the-blank spaces for all the info I might need after a collision. It’s very simple, but reminds me to get what I need.” On the back side of the cheat sheet, he has also included some relevant CVCs and LAMCs that pertain to bikes—just in case a motorist or an officer is ever unsure of what the bike laws are.

The cheat sheet outlines some of the basic and most relevant information you need in the event of a collision:

1. Call 9-1-1
2. Car license plate
3. Car make+model+color
4. Driver’s name+license #
5. Driver’s phone #
6. Driver’s address
7. Driver’s insurance policy #, co.
8. Car Owner? Who?
9. Witness(es) info
10. Confirm above from driver’s license (don’t take their word for it)
11. Get a police report!
12. TAKE LOTS OF PICTURES (of driver, too)!

Download your copy here and be sure to carry it with you.

For more information you can contact Ross Hirsch at rhirsch@candffirm.com

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5 Comments »

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If the driver stays around but is reluctant to provide info, call the cops! I did so after Gina was doored; driver’s GF claimed to be a lawyer and was making excuses to beat the band. Driver wouldn’t provide info (I confess I’d gotten rather hot over the iincident).

Called cops, they took report, and I had driver info. There was no serious harm to bike or Gina but we didn’t know that at the time, so it was good to have info just in case.

Comment by Rick Risemberg— November 23, 2010 #

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I know this is written with the US in mind, but this must be good advise anywhere in the world.

Comment by Steve— November 24, 2010 #

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[...] the LACBC posted a checklist (PDF) on its blog of what to do if hit by a car while on your bicycle. They include the [...]

Pingback by Lunchtime Headlines, Nov. 24, 2010 | Be A Green Commuter Home— November 24, 2010 #

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This is assuming you don’t have serious injuries, which is very likely when you’re hit by a car. This is written as though we are struck, fly through the air and land on our bums and get up and can take pictures of the crime scene. Sometimes we have major arteries that are severed, broken bones, cracked skulls (especially when bicyclists are not wearing helmets — did you ever smack your head on the blacktop? or on the ice when you feel down skating? imagine doing that at 40 m.p.h., or better, whacking your head that hard on the roof of a car when it hits you). A checklist is fine IF you’re able to get up and do all those things. I guess my bottom line is, remember, automobiles are huge. Drivers are often stupid, distracted, in a hurry, not looking, paying attention or interested in bicyclists because most drivers believe they have the right-of-way and, indeed, they are certainly driving much heavier vehicles that cause much more damage than we do on our little bicycles.

Comment by Chris Z— November 25, 2010 #

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- Well, sure, you can only write down collision particulars if you are in a state capable to do so. If not, you would be relying on the good graces of witnesses and/or a police report to get details. Not a good situation anyway you look at it.
  
  But I like the way @Chris Z thinks–sounds like he would favor Copenhagen-style strict liability burden-shift legislation that would place the burden in a collision on the person in charge of the vehicle/device that has the potential to cause the disproportionate amount of damage (here, cars/trucks). There’s a nice video on this page describing the concept: http://www.copenhagenize.com/2010/02/strict-liability.html
  
  I’d support him if he is interested in getting that started here in LA or statewide. It makes sense.
  
  Comment by Ross Hirsch— November 29, 2010 #
  
  Reply

LA County Bicycle Coalition www.la-bike.org