Our traits – self-sufficiency, stoicism, and strength – may make us great riders, but make us bad accident victims. I have represented many cyclists who have ridden away from falls, only later to discover they have major injuries. I have had to cajole my clients to see doctors; invariably, my clients understate their injuries, refusing to admit that they are in pain. One client lived with debilitating pain for months, unwilling to accept any weakness in body or spirit. The first advice I give my clients is to recognize that an accident is a traumatic event. Don’t be ashamed or embarrassed. Accept it.

I was once retained by a cyclist who was hit by a car on his commute to work. While waiting for the police to arrive, the motorist admitted that she had failed to look before pulling out and that she was responsible. The officer incorrectly informed the motorist that she was not at fault and refused to write an accident report. Consequently, the motorist refused responsibility. It is not your fault if the police officer and motorist do not know the laws! If you are in a bike accident, you can do something about it, even if the police officer is ignorant of your rights. The accident report, the police’s determination of fault, and the findings of the traffic court, while all potentially helpful to your case, are not what determines your rights.

Likewise, soon after an accident, you may get a call from the motorist’s insurance company. Their goal is to get you to settle and compromise your claim as soon as possible, usually before you are armed with adequate knowledge. It is only rarely appropriate for an accident victim to negotiate directly with an insurance company. This advice is particularly directed at cyclists. While stoicism may be a personal virtue, it will not serve you well in negotiating your own case.