What to Do After a Bicycle Accident in Reno: Legal Steps Every Cyclist Should Know

Reno and the Sierra Valley as a whole are rich with opportunities for cycling and mountain biking. Recreationists and commuters alike can take advantage of the Truckee River Bike Trail, or if adventure calls, they can travel just a few minutes outside of Reno to explore miles upon miles of mountain biking paths.

Like every outdoor hobby, however, cycling always comes with a level of risk, especially when it involves sharing the road with motorists. When a collision with a car, truck, or other vehicle causes you, as a cyclist, to be injured, it’s important to know exactly what to do next.

That’s because even if the collision wasn’t your fault, you can count on the driver’s insurance company to do everything it can to diminish or outright deny your insurance claim. Luckily, taking the right steps can increase your chances of recovering what you’re owed.

1. Prioritize Safety and Call for Help

The first step in any bicycle accident is to prioritize your safety. Immediately after being hit, get to a safe location out of the way of traffic. However, if moving is painful or would worsen your injuries, stay where you are. Call 911 and request an ambulance, or ask someone to do so for you if you are unable. If no one appears injured, however, you can dial the non-emergency Reno police number at (775) 334-2677 to report the accident.

2. Avoid Admitting Fault

One of the biggest mistakes a cyclist can make when an accident occurs is admitting fault. Once police and first responders arrive at the scene, they will be documenting physical evidence and taking witness statements for their report. The police report often plays a significant role in determining the validity and value of your claim. In any statements made to the police, the driver, bystanders, and EMTs, avoid saying anything that may be used against you to suggest you were at fault.

3. Gather Key Information and Evidence

Even though a bicycle accident scene can be chaotic, it’s important to remember that once you leave the scene, obtaining evidence relating to the accident will become more challenging. If it’s safe to do so, do your best to take pictures of your injuries immediately after the accident, as well as damage to your bicycle and the accident site itself.

Additionally, take pictures of the vehicle’s license plate, ask for insurance and contact information from the driver, and gather contact information from any witnesses in the area. Note the exact location of the accident and any nearby businesses or landmarks. Afterward, request a traffic report from the Reno Police Department.

4. Get Medical Attention Even If You Feel Fine

Even if you find that an immediate emergency response is not needed following your accident, you’ll still want to follow up with a medical evaluation as soon as possible. Many bicycle accident injuries do not display symptoms until several days or even weeks later. This may include traumatic brain injuries, spinal injuries, or internal injuries, all of which can have severe effects if left untreated.

Furthermore, getting a medical evaluation is also essential for maintaining a solid claim. The insurance company will be looking for any reason to deny your claim, and if they see that no medical evaluation was given, they may try to assert that your injuries worsened because you did not take the proper steps following your accident.

5. Be Careful When Communicating With Insurance Companies

Like any other business, the primary goal of an insurance company is to save itself money. This should be kept in mind during any interaction with the insurer. While the representative may seem friendly over the phone, they will be carefully looking for any reason at all to draw suspicion to your statements, including any contradictions or confusing details.

While they collect your statement, it’s not uncommon for representatives to phrase their questioning to be misleading or confusing to get you to say something that isn’t true or representative of what actually happened during the accident.

If, at any point, you feel that you are being taken advantage of or misled, it’s best to contact a bicycle accident attorney to communicate with the insurance company on your behalf.

6. Keep Track of Everything Related to the Accident

Bicycle accident claims can take months to settle. While you wait for your claim to be resolved, make sure that you keep copies of any evidence that may be helpful to your claim. This includes pictures of the accident site, medical and traffic reports, witness contact info, statements, and communications between you and the insurance company. You’ll also want to document your injuries as they progress and maintain orders from doctors regarding your recovery.

When Should You Contact a Lawyer After a Bicycle Accident in Reno?

Bicycle accidents can sometimes be resolved without the help of a lawyer, but in some situations, working with one can make a huge difference. One scenario where working with a lawyer is beneficial is in cases of hit and run, or if there is limited evidence at the scene of the accident. A lawyer can subpoena surveillance footage of the accident or hire accident reconstruction experts to determine how the accident may have occurred and contributed to your injuries. If the driver needs to be identified, a lawyer can coordinate with law enforcement to help bring them to justice.

Another scenario that may call for hiring a lawyer is if the insurance company is engaging in unethical or illegal practices. We’ve discussed how insurance companies can often twist witness statements and evidence in order to deny or underpay bicycle accident claim payouts.

Keep in mind that Nevada also handles personal injury claims through a system called modified comparative negligence, meaning that if you’re found to be 51% at fault (or more) for your injuries, you will not be entitled to a settlement. Insurance companies may try to use this rule to their advantage so they won’t have to pay your claim. But beyond this, they may also attempt to wait out filing deadlines by ignoring or avoiding your communications. If you feel this may be happening, a lawyer can step in and advocate for your fair treatment.

Finally, you may find that while recovering, you don’t have the time or energy to build your case on your own due to the severity of your injuries. It’s important to remember that there is a statute of limitations of two years for bicycle accident claims in Nevada, and it can be hard for victims of bicycle accidents to manage this deadline and their injuries at the same time. One of the primary benefits of working with a bicycle accident attorney is that they can manage your case while you recover.

Moving Forward After a Bicycle Accident

While it’s good to be aware of the statute of limitations while building your case, it’s equally important to make sure that your medical and mental health needs are being met throughout the process, not just to protect your wellbeing but also to protect your claim as well.

Whether you decide to work with a bicycle accident attorney or not, the number one priority in these cases is making sure you are following up on your doctor’s treatment recommendations, including physical therapy, rehabilitation, and medication regimens. This is essential to safeguarding your health, and it will also allow you to show that you did everything you could to prevent your injuries from progressing should you decide to move forward with your case.