In my recent blog post about how bicycle accidents happen, I promised to blog next about how to properly investigate a bike accident to prepare a New York bicycle accident case against the at-fault motor vehicle driver. I keep my promises!
The first rule is to preserve the evidence. This is important not only to prove your case, but also to prevent the defendant from later arguing that your case should be tossed out because you destroyed evidence. So save the bike! Don’t use it or fix it. Preserve it!. The damage to it may help show where the car struck the bike and the force of the impact among other things.
Of course you should get any police accident reports. Equally important, but more time consuming, go to the scene and explore it carefully. Bring a camera and photograph and film everything in sight. Look for skid marks. Have an accident reconstructionist or investigator with you to take measurements. Have someone take a video as he or she rides or walks along from the cyclist’s point of view. Do the same, from a similar car, for the driver’s point of view. Look to see if it should have been obvious to the driver that there would be bikes and pedestrians in the area. For example, are there marked bike lanes? Are there sidewalks or crosswalks?