Car/cyclist collision - what to do after the event

If the situation arises where you have been involved in a collision with a vehicle, pedestrian or fellow road users, here are a few tips on what to do and what to expect: -

Firstly, you will go into shock. No matter how well prepared you think you are for such an emergency, your body and your bike have just been involved in a collision and your adrenalin will be running at an all time high. You and others involved in the accident will not behave as rationally as you think you should after the accident.

If you are capable, ensure that the scene of the accident is safe before taking any further action. You must give assistance to any injured person. Call for the ambulance and police. Don't be a hero and think that you wont need either. Just call both emergency services as soon as you can, or ask that they be called.

Record the number plate, model and color of all cars involved, or take the names and addresses of any other accident victims. Include a description of the drivers. Before people leave the scene (and believe me some will before the emergency services arrive) collect names and phone numbers of as many witnesses as practically possible.

If possible exchange names, addresses, vehicle registration and vehicle owner details of all involved. Collect insurance details from motorists. Record all of this or ask that someone record it for you. You must keep a copy of these details if you want to claim costs for damages incurred, especially if you do not want to resort to legal action in the first instance.

If the traffic incident involves you and a motorist who drives off, then immediately go to the police to report the traffic incident or dangerous behaviour and use the magic words "I want to make a statement and I'd be prepared to go to court if necessary." It helps if you know your road rules and can tell them what offence has been committed.

As soon as practically possible after the accident and if you are a member of a State cycling organization such as Bicycle NSW, Bicycle Institute of South Australia, Bicycle Queensland, Bicycle Tasmania, Bicycle Victoria etc you should directly contact them for accident and legal advice.

In addition, itemise all your expenses and potential lost income. For example, if your bicycle and accessories have been damaged, take them to the local bike shop and have the damage costed. Document any damage by taking photos (everyone's mobile has a camera in it these days) or write detailed notes. Include these in a letter of demand to the other parties involved.

Keep your tone polite and neutral when composing your letter of demand. Insults and inflammatory language will not resolve the issue any faster and you want to remain in contact with the other party concerned until the matter is resolved and not make the situation worse.

If you do not gain any satisfaction from the initial letter of demand to the other party involved then you may have to involve legal counsel. Take the advice of your State cycling organization legal advocates. That's what they are there for.

Reference: www.woj.com.au