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Legal Options for Hit-and-Run Bicycle Accident Victims

Being struck by a car while biking can be absolutely terrifying.
But having the driver drive away after hitting you? That’s just plain injustice. Hit-and-run accidents can cause serious injuries to cyclists who are left wondering how they’ll ever receive compensation for their losses.
The good news is…
Hit and run victims do have legal options. Knowing what you can do after an accident will help you cover expenses while you recover from your injuries.
What you’ll discover:
- Why Hit-and-Run Bicycle Accidents Are Increasing
- What to do After a Hit-and-Run Accident
- Legal Options to Recover Compensation
- How Insurance Can Pay Your Bills
- When to Contact a Bicycle Accident Attorney
Why Hit-and-Run Bicycle Accidents Are Increasing
Hit-and-run accidents involving cyclists are becoming increasingly dangerous throughout the country, specifically in larger cities.
Statistics show that almost 1,000 bicyclists die each year in accidents involving motor vehicles, according to the National Safety Council. What’s worse? Hit-and-run accidents account for roughly a third of these fatalities.
Cyclists are especially at risk because there is no protection from impact. When motorists flee the scene, victims are left waiting for medical assistance.
That lost time could mean the difference between walking away from an accident and dying from your injuries.
What to do After a Hit-and-Run Accident
The steps taken after a hit-and-run crash can impact your ability to win a future claim.
Immediately following the accident, seek medical attention.
Adrenaline can hide many serious injuries. Internal bleeding, concussions and fractures can have delayed symptoms. It’s important to get checked out by a doctor after an accident.
Next, try to collect as much evidence as you can. Write down everything you remember about the car that hit you including:
- Color
- Make
- Model
- Partial license plate information
- Any paint scrapes or damage to your bike
Are there any witnesses? If so, gather contact information. Take pictures of your injuries and surrounding accident scene.
Call the police and file a report immediately. A police report provides documentation of the hit-and-run accident.
Working with an experienced bicycle accident lawyer will help prove your case, so look at this site to learn more about your legal options.
Legal Options to Recover Compensation
Hit-and-run victims have options to pursue compensation, even if the driver who struck them cannot be found.
Personal insurance, including health, auto, and bike insurance, can cover expenses related to hit-and-run accidents. Different policies provide protections under different circumstances.
Option 1: File a Claim Through Your Personal Insurance
Hit and runs are typically filed through your own insurance policy. While this isn’t ideal, your uninsured motorist coverage can assist with payments.
This coverage applies when the negligent driver either doesn’t have insurance or can’t be identified. After a hit-and-run accident, uninsured motorist coverage can help pay for:
- Medical bills
- Lost wages
- Pain and suffering
Option 2: Personal Injury Protection Coverage
Personal Injury Protection coverage, also known as PIP, helps pay for medical costs and lost earnings after an accident.
In states with PIP coverage, cyclists can receive payment for injuries regardless of who was at fault. You won’t need to identify the person who hit you.
Option 3: Medical Payments Coverage
Medical Payments coverage, also known as MedPay, covers medical bills up to your policy limit.
Unlike liability coverage, fault doesn’t matter.
Option 4: Civil Lawsuit
Once law enforcement identifies the driver who fled the scene of the accident, you may file a civil lawsuit to recover damages.
In these cases, you may be able to pursue compensation for:
- Medical expenses (past and future)
- Loss of income
- Diminished earning capacity
- Damage to property
- Pain and suffering
- Emotional trauma
You may even be able to file punitive damages against a hit-and-run driver in some states. Punitive damages serve as a punishment for the negligent party’s actions.
How Insurance Coverage Works
Filing insurance claims can feel like a hassle. Make sure you know what your policy covers before filing a claim.
Something many bicyclists don’t know is standard auto liability coverage won’t pay out after a hit-and-run accident.
Unless you have uninsured motorist coverage, your insurance may provide no protection against injuries from a hit-and-run driver.
The CDC even reports that approximately 59% of bicyclist fatalities happen outside of intersections. High speeds often cause bicyclist fatalities in these areas.
High speeds often cause more severe injuries that require larger payouts.
Three different coverage options can apply after a hit-and-run accident:
- Uninsured Motorist Bodily Injury (UMBI): Covers you if the driver who hit you either lacks insurance or cannot be located.
- Collision Coverage: Pays for damage to your bicycle.
- Medical Payments Coverage: Will cover your immediate medical bills.
Hint: Review your coverage limits and read the fine print. Choosing the minimum amount of coverage can leave you financially stranded after an accident.
When to Contact a Bicycle Accident Attorney
You don’t need to hire a lawyer for every hit-and-run accident.
That being said, certain accidents require you to contact an attorney immediately.
If you suffer serious injuries that result in hospitalization, contact an attorney.
Likewise, if insurance companies deny your claim or offer a low-ball settlement, you should contact an attorney.
Finally, if the driver who hit you is subject to criminal charges, you should hire an attorney.
Insurance companies have teams of attorneys focused on paying out the least amount of money possible. An attorney on your side evens the playing field and helps you receive compensation.
Bonus Tip: Most personal injury lawyers work on a contingency fee basis. This allows you to receive legal representation with no upfront costs.
Your attorney only gets paid if they win you compensation.
Additional Recovery Options
In addition to insurance and lawsuits, victims of hit-and-run accidents may qualify for additional recovery optionshttps://yourhealthmagazine.net/article/legal-and-health/the-most-common-causes-of-accidental-injuries-and-how-to-stay-safe/.
Crime Victim Compensation Programs
Every state offers victim compensation programs to residents who qualify. Funded through federal and state grants, these programs can help with:
- Medical bills
- Counseling
- Lost wages
Some laws prevent you from collecting compensation from these programs if you already receive payments from other sources. Get multiple estimates for repair work.
Third-Party Liability
In some cases, parties other than the driver who fled the scene may be responsible for the accident.
If a defective part on your bicycle caused the crash, you may be able to sue the manufacturer. Dangerous road conditions or poorly lit streets could mean the government is at fault.
As you can see, there could be multiple parties at fault for your injuries.
Pulling It All Together
Hit-and-run accidents that involve bicycles are scary and cause serious injuries to victims.
Not only do you have to worry about your health, but you also are left wondering how you’ll pay your medical bills.
Thankfully, there are options for victims that don’t know who hit them.
Here’s what you should do after a hit-and-run accident:
- Seek medical attention
- File a police report
- Document what you can remember about the accident and vehicle
- Review your insurance policies to determine what they cover
- Contact an attorney if you were seriously injured in the accident
Remember, states have time limits on when you can file a lawsuit. This could prevent you from ever seeking the compensation you deserve if too much time has passed.
Don’t let an accident take over your life. Fight back by knowing your options.
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