Cycling through the Evergreen State is a passion for many, but the reality of sharing the road with motor vehicles carries inherent risks. If you’ve been involved in a collision, the moments following the impact are often a blur of adrenaline and confusion. However, what you do—or don't do—in those moments can significantly impact your physical recovery and your legal rights under Washington law.
Unfortunately, it's easy for a well-meaning cyclist to jeopardize their bicycle accident claim. Here are the most common mistakes to avoid.
1. Minimizing Your Injuries at the Scene
The "tough cyclist" mentality is great for climbing mountain passes, but it’s dangerous after a crash. Adrenaline often masks pain. If you tell the driver or the responding officer, "I’m fine," and later discover a hairline fracture or a concussion, that initial statement can be used against you by insurance companies.
The fix: Never apologize or downplay your condition. State only facts, and if you aren't sure if you're hurt, say you aren't sure yet.
2. Failing to Call the Police
In Washington, a formal police report provides an objective third-party account of the incident. Some drivers may try to convince you to "settle it between ourselves" to avoid insurance hikes. Without an official report, the driver may later change their story, claiming you swerved or ignored a traffic signal.
The fix: Always call 911. Ensure the officer speaks with you to get your side of the story for the record.
3. Neglecting to Document Evidence
The scene of an accident changes rapidly. Skid marks fade, weather conditions shift, and witnesses walk away.
The fix: Use your smartphone. Take photos of:
Your bicycle (and where it landed).
The vehicle’s license plate and damage.
The surrounding road conditions and traffic signs.
Any visible injuries.
4. Repairing Your Bike Too Soon
Your damaged bicycle is a primary piece of evidence. It tells a story about the force of impact and the angle of the collision. If you take it to a shop for immediate repairs or, worse, throw it away, you are destroying evidence that could prove the driver’s liability.
The fix: Keep the bike exactly as it is until your legal representative advises otherwise.
5. Posting on Social Media
It is tempting to share your experience on Facebook or Instagram to update friends. However, insurance adjusters often monitor social media. A photo of you smiling at a coffee shop three days after the accident could be used to argue that your injuries aren't as severe as you claim.
The fix: Go dark on social media regarding your accident and recovery until your case is resolved.
Protecting Your Ride and Your Rights
Washington’s "contributory fault" rules mean that if you are found even partially responsible for the accident, your compensation can be reduced. Navigating these complexities while trying to heal is an unnecessary burden. You don’t have to do this alone. If you’ve been injured, reach out to Becker Franklin Rovang for the assertive, compassionate representation you deserve.
Call us today at (360) 800-3009 to discuss your case and ensure your rights are protected.
