"Hit and Run" Bicycle Crashes

Anytime a driver hits a cyclist, the results can be disastrous. And unfortunately, “hit and run” bicycle accidents are among the most common bicycle accidents that can occur. The roads are be full of negligent drivers on their cell phones texting or chatting away or simply not paying attention to his or her surroundings. To make matters worse, it is common for negligent drivers to collide with cyclists and then continue driving on without even stopping to check on the well being of the cyclist. Often times the driver may “clip” the cyclist or even runs the cyclist off the road unaware that there has been a bicycle accident. Regardless of how the accident occurs, the results can be disastrous given that the cyclist has little protection other than a helmet.

Unless the driver can be identified, often times injured cyclists are not aware that they may still be able to recover for their injuries. Many times a cyclist can recover from the cyclist’s own automobile insurance with what is called “uninsured-motorist” coverage or UM coverage. An uninsured motor vehicle is one of the following:

 1. A vehicle not covered by a liability insurance policy. This includes an insured vehicle but where coverage is denied (examples: excluded driver, a stolen vehicle, etc.).

 2. An unidentified driver or unidentified owner of a hit-and-run vehicle.

 3. An insured vehicle that becomes uninsured due to the insurance company going out of business.

Additionally, to make a UM claim in California with your own auto insurance there must be “physical contact”. The hit-and-run driver’s vehicle must actually have physically touched you (as a pedestrian) or your bicycle or motor vehicle (not just swerved into your lane).[See Insurance Code § 11580.2(b)(1) for the “physical contact” (direct application of force) requirement from the unknown driver’s vehicle. However, some other instrumentality (rock, loose debris, another car) that may be propelled into you or your vehicle caused by the hit-and-run vehicle or other variations from direct physical contact may establish coverage! Generally if you fell off a motorcycle while trying to avoid being hit or swerve to avoid the dangerously driving hit-and-run vehicle, you typically cannot bring a UM claim. In this circumstance it is critical to consult with a qualified bike accident attorney to protect your rights as soon as possible.

Here are the “Top 6 Things You Should Do in a Hit & Run Bicycle Accident” to protect your rights and preserve your injury claim:

1. You must immediately file a police report! Often cyclists may feel like there is no use in contacting the police since the driver fled the scene. This couldn’t be further from the truth. The police have significant resources and can help track down the driver and can only do so if contacted immediately. In California, you must report the accident to the police within 24 hours. See Insurance Code §11580.2(b)(2) if you want to pursue a UM claim for the hit and run against your own auto insurance. Most cyclists don’t know that there is still a possibility for recovery from a hit and run accident and often fail to contact the police. It’s one of the most important things you can do in the event of a hit and run. If 24 hours have passed, and you did not contact the police, don't give up. Contact the police immediately! Also, give you insurance company notice as soon as possible that you will be making a UM claim based on a hit-and-run accident. The insurance carrier may decide to allow coverage anyway. Further, you can argue that the insurance company suffered no prejudice by the delay because the law requires “prejudice” to justify denial of coverage. Beck v. State Farm Mutual Automobile Insurance Co. (1976) 54 Cal.App. 3d 347. But if less than 24 hours has passed, report the accident within the 24 hour deadline! In this circumstance it is critical to consult with a qualified bike accident attorney to protect your rights.

2. You should immediately notify your own auto and health insurance companies. Opening this claim against your own automobile insurance policy may be the only source of recovery for all of your damages, i.e. medical bills, bicycle replacement cost, lost wages, pain and suffering, etc. In California, you must report the incident to your insurance company within 30 days after the incident. See Insurance Code §11580.2(b)(2).

3. Seek medical attention right away. It is extremely important that you take the appropriate time to heal and that you seek adequate and prompt medical assistance. Once you receive medical attention you must comply with the Dr.’s orders. Nothing can kill a case more than a cyclist who in spite of his or her injuries and the Dr.’s orders to refrain from cycling, rushes back out prematurely on their bicycle.

4. Identify any witnesses. While the driver may have fled the scene there may be witnesses that pulled over to help out. Make sure you get their contact information and statements of what they witnessed. The police investigation will go much more in your favor if you can provide them with witnesses they can interview.

5. Examine your bike carefully for ANY evidence of contact from the phantom vehicle and do not attempt to make or allow any repairs to your damaged car or vehicle BEFORE your insurance company inspects the damaged bike.

6. Keep your Strava or Garmin data! If you record your ride on Strava or a similar service it might provide very useful evidence in the event of a collision with a motor vehicle. Data from your Strava account might be used as evidence. Strava’s GPS technology can reveal where you were located on the road and the speed you were traveling at when the vehicle collided into you.

If you have been involved in a hit and run bicycle accident call us immediately or submit a free case evaluation now. (530) 265-0186 We look forward to helping you get through this and answering any questions you may have. Time is critical so call today.