Follow these important steps after a bike crash with another road user to help protect your rights.
Cyclists are vulnerable road users, and a bicycle crash can result in serious injuries like scarring and disfigurement from sliding across paved surfaces known as “road rash,” contusions, fractured bones, a traumatic brain injury, or death. According to the National Highway Traffic Safety Administration (NHTSA), from 2014 to 2023, there were 162 bicycle related fatalities in Colorado involving motor vehicles. Thirteen percent of those fatalities were 14 years old or younger and 85% occurred in urban areas.
A bicycle crash can happen in an instant and can be overwhelming. Being informed and prepared about what to do after a bicycle crash is part of being a responsible road user and can help protect your rights. Here is what cyclists need to know and should do to properly document, report, and protect their rights if they or a riding partner are involved in a bicycle crash with another road user, including pedestrians, cyclists, electric scooters, low-power scooters, and motor vehicle drivers.
Stop and stay at the scene. All parties must stop at the scene or as close to the scene as possible and return to the scene, and remain at the scene.
Check for injuries. The American Red Cross recommends following the Three Cs (Check, Call, Care):
Check the scene for safety of yourself and others to determine the nature of any injuries.
Call or ask someone else to call 911 for an ambulance if the injured person requests an ambulance, hit their head or have facial injuries, if they are unresponsive, not breathing or gasping, having trouble breathing, experiencing serious or life threatening bleeding, or experiencing another serious or life threatening condition.
Care for the injured person at the scene according to your level of training.
Request the Other Party’s Personal and Vehicle Identification. Request the other party’s name, address, vehicle registration number, and to show their driver's license. The driver of any vehicle, including bicycle, electric assisted bicycle, electric scooter, or low power scooter, is legally required to provide this information. Rental scooters and E-Bikes like Lime and Bird are marked with visible unique ID numbers, and a low-power scooter like a Vespa must have a registration decal.
Call the police immediately. Whether the incident only involves property damage or both injuries and property damage, report the crash to the local police department.
Request the police investigate and file a Traffic Accident Report. The police do not automatically investigate or file a report in every bicycle crash, so you should request the police investigate and complete a traffic accident report. For example, the police are not required to investigate and file a report if (i) a motor vehicle is involved, and there is no injury and the damage does not exceed $1,000; or (ii) no motor vehicle involved and no serious injury or death. The police should investigate and complete a police report particularly when: There are injuries requiring medical attention or death; Property damage exceeds $1,000; There’s a hit and run; There is suspicion the other party is impaired by alcohol or drugs; The other driver won’t provide identification or vehicle information; Involves damage to public property; If a motor vehicle is involved and a party involved requests an investigation; or If a motor vehicle is involved and a party cannot show proof of insurance.
File Your Own Crash Report. If police decline to investigate or there is an Accident Alert, you should file a crash report with the police or the Colorado Division of Motor Vehicles within 24 hours.
Take Photographs. If you or someone else are capable, take photographs of the other party, vehicles, and the area around the scene, ideally before any vehicles are moved.
Request the Other Party’s Insurance. If a motor vehicle, motorcycle, or low power scooter, is involved, request their insurance information.
Request Witness Information. Obtain witness names and contact information of any witnesses.
Move vehicles if possible. Do not obstruct traffic more than is necessary. If on a divided highway and there are no injuries move off the road as soon as practicable to the nearest suitable off highway location.
Seek Medical Care. If you are hurt, seek medical care as soon as possible. Some injuries like a brain injury may not be obvious at first so it is important to get checked out by a doctor immediately and rule out serious injuries. Don’t hesitate to request an ambulance or go directly to the ER from the scene.
Contact a Lawyer. Contact us at Bike Brain Law to start protecting your legal rights.
If you have any questions or would like to learn more about our legal services and how our focus in brain injury and bicycle injury cases matters, please get in touch with us via our contact page at Contact Us.
If you found this post helpful, you might also like to explore the other topics listed below and the many other topics in our comprehensive Safety & Prevention Guide, Brain Injury Guide, and Bike Injury Guide.
