If you’re facing this situation, there are important steps to follow to protect your health and legal rights. Picture this: you’re riding through Minnetonka’s bike trails when, suddenly, you’re hit by a car. The aftermath can be both shocking and stressful, with concerns about your injuries and the road ahead. At Schmidt and Salita, we know how overwhelming incidents in Minnetonka can be. Here’s a guide on steps to take and fundamental factors in determining negligence and insurance after a bicycle is hit by a car.
Steps to Take After a Bicycle is Hit by a Car
Immediately following a bicycle accident, it’s crucial to take action to protect your health and preserve evidence. Here are the steps to follow:
1. Prioritize Your Safety
Your first step should always be to ensure your safety. If you are physically able to do so, move out of traffic to avoid further harm. If your injuries prevent movement, stay still and wait for help. Even if you think they are minor, it’s important to remain cautious, as some injuries—such as concussions or internal damage—may not be immediately apparent.
2. Call the Police
In Minnesota, it’s required to report any accident involving injury or significant damage. Call 911 and report the incident to the police. When they arrive, provide a detailed account of the situation, but avoid admitting fault or making any statements that could be misinterpreted. A police report can serve as valuable evidence when determining who is liable.
3. Document the Scene
While waiting for the police or emergency services, document the accident scene. Take photos of your bike, the car involved, road conditions, any visible lesions, and the surrounding area. Ask for their contact information if there are any witnesses, as their statements could be critical in determining what happened.
4. Seek Medical Attention
Even if you feel fine, it’s vital to get checked by a healthcare professional. Some injuries don’t manifest symptoms right away. Medical records ensure that you receive the necessary care and serve as evidence in case you decide to file a personal injury claim.
5. Consult with a Personal Injury Lawyer
After a bicycle accident, it’s best to consult with a personal injury attorney to understand your legal options. Our team at Schmidt and Salita can help evaluate your case and advocate for your rights to fair compensation.
How Negligence Is Determined?
When a bicycle is hit by a car, determining who is at fault often comes down to negligence. In Minnesota, this is determined by evaluating who failed to exercise reasonable care on the road. Both cyclists and drivers have responsibilities under Minnesota traffic laws, and liability may depend on the situation’s specifics.
Who Was Following Traffic Laws?
In most cases, the party who violated traffic laws is considered at fault. Drivers are expected to share the road with cyclists, who must follow the same rules as motor vehicles. For example, drivers who failed to yield to a cyclist in a designated bike lane would likely be considered negligent. Conversely, if the cyclist was riding against traffic or disobeying signals, they could be found at fault.
Shared Liability in Minnesota
Minnesota follows a “modified comparative negligence” rule. This means that if both the cyclist and the driver are found to be partially at fault, the amount of compensation the injured party receives may be reduced by their percentage of fault. For example, if a cyclist is found to be 20% responsible for the accident, their compensation will be reduced by that percentage. However, if the cyclist is more than 50% at fault, they may not recover damages.
For more information on how liability is assessed, refer to this detailed guide on handling a car-bike collision.
Whose Insurance Will Pay for Damages?
In a bicycle accident, insurance coverage often involves multiple policies. Here’s how it typically works in Minnesota:
- Minnesota’s No-Fault Insurance:
Minnesota is a no-fault state, meaning that even if the accident wasn’t your fault, your auto insurance may still cover medical expenses and lost wages, regardless of driving or riding a bike. - The Driver’s Liability Insurance:
If the car driver is found at fault, their insurance typically covers:- Your medical bills.
- Bicycle repairs or replacement costs.
According to Forbes, the driver’s liability insurance usually pays for bodily injury and property damage in these cases. Still, bicyclists are more vulnerable to serious injuries, which may require higher compensation depending on the accident’s gravity.
- Uninsured/Underinsured Motorist Coverage:
If the driver lacks sufficient insurance, you can file a claim using your own uninsured/underinsured motorist policy. - Property Damage Liability:
This may cover the cost of repairing or replacing your bicycle.
If insurance coverage is insufficient, you may need to pursue compensation through a personal injury lawsuit.
Get the Compensation You Deserve
At Schmidt and Salita, we’re dedicated to helping Minnetonka residents injured in bicycle accidents. If you’ve been hit by a car, contact us for a free consultation. Our experienced attorneys will protect your rights and fight for your deserved compensation. Reach out today to learn how we can assist you.