May 3, 2022 | Ashley Boustany In Maryland, bicyclists have the same rights after a bicycle crash as those who drive motor vehicles, and like, drivers, bicyclists must adhere to the rules and regulations outlined by the state of Maryland. What Are Your Rights After A Bicycle Crash? Your rights after any type of crash – be that a bicycle crash or a motor vehicle crash – are determined by who is at fault. If the cause of your bicycle crash was the fact that you were not obeying the traffic laws, and you are at fault then you will be held liable for damages caused to pedestrians or vehicles. If the cause of your bicycle crash is not your fault, but the fault of a motor vehicle driver, then the driver of the vehicle that causes the accident is at fault. The driver will be responsible for damage to your bike and for any medical injuries that you sustain. The key to determining what your rights are following a bike accident is how the “at-fault” ruling is handled. It is important to avoid “he-said, she said” situations, which is why at the very least a police report must be made. To that end, here are some considerations when a bike accident occurs. Call the Police – A police report is an unbiased statement of facts that the court will often use to determine who is at fault and who is involved. A police report puts all parties at the scene and provides facts such as speed, weather conditions, etc. Make sure that the officer on scene takes your statement too. Do Not Make Deals – Never negotiate directly with the driver of the vehicle. Leave that to your insurance company or lawyer. Dealing with private parties at the scene of an accident opens up large legal hurdles that can become costly. Obtain Driver Information – In addition to having the police obtain driver information, you also should ask for the driver’s information, including contact information, address, phone number, driver’s license number, and insurance. Obtain Witness Information – A police report helps to provide details about what happened, but having witness information means that you can later call on these people to provide evidence that is also unbiased. Document What Happened – Immediately document what happened. As time passes our memories fade, and you will need to have that information in a crisp and fresh format. Go to the emergency room– make sure that all of your injuries are documented and treated at an emergency room. Make follow-up appointments with your primary doctor as needed. The documentation helps show the scope of your injuries. Preserve Evidence – If you have a cell phone, take photographs of everything. Use the voice recorder to record statements, and the video feature to survey the scene of the accident. If you are unable to walk around, have someone who is on scene do that for you. Call The Jaklitsch Law Group With Your Personal Injury Questions! If you have had a bicycle accident and are unsure what to do or how to handle your case, give us a call at 1-855-BigDog1. We’re here to help you with any questions you may have regarding your rights after a bicycle, car, or motorcycle accident.