Got Hit? Get Information
A few years ago, I was riding south along the bike path on the West side in Manhattan when I came across a fallen rider. The poor guy was laid out along the cobblestone entrance near the Circle Line, clutching his elbow, obviously in a goodish amount of pain. I came to a stop and asked what happened. A second guy said, “It was my fault. I cut in front of him by accident.”
Hearing someone take responsibility was admirable. I wish more people were like that but most people aren’t so quick to take responsibility for doing whatever he or she wasn’t supposed to do, especially when it results in an accident.
The fact is, when it comes to walking, riding, or driving, most people are unable to follow the underlying basic rule: look where you’re going. Drivers text while driving. Tourists ride Citibikes and look everywhere but the road in front of them. Club cyclists ride three across and are too busy chatting to pay attention to the road.
And then there are pedestrians. If I’ve said it once, I’ve said it a hundred times - pedestrians do not have the right of way. If you’re riding your bike and a pedestrian crosses against the light and you hit that pedestrian, YOU had the right of way and that pedestrian could be responsible for your injuries.
But unlike the cyclist I mentioned above who admitted he was wrong, most people are not going to be so forthcoming. Most people are going to argue it was you who did something wrong. They will do whatever they can to avoid being put in a position where they have to man up and take some responsibility.
That’s not your job, though. As the New York Bike Accident Lawyer, holding someone responsible for your injuries is MY job. Your job is simply to get information. Your job is to get the name and address of the person who was involved in the accident with you. Your job is to call the police so they can make a report of what happened. And when the police arrive, don’t worry about trying your case right then and there. Your job is to simply tell the police what happened as accurately as possible. Remember, police reports can be changed after the fact if they get it wrong the first time.
So what’s your job if you get into a bicycle accident? COLLECTING INFORMATION. Call the police. Get the names of witnesses. Do NOT hesitate to ask for someone’s name and number if they saw the accident. Use your phone to take pictures of the accident site and damages.
Some people will not let you take a picture of their ID cards and that’s fine. You want names and addresses and phone numbers, if you can get them.
If someone doesn’t want to share their info with you, fine. Don’t start a fight. But do call the police and tell them as much.
And when you’re done with all that, call Stephen Donaldson, Esq., the New York Bike Accident Attorney, at 516.385.2061 or email us at steve@nypractice.com.