Gathering Evidence After a Bicycle Crash in San Diego

When you’ve been hit on your bike, the moments that follow are chaotic, painful, and confusing. But what you do in the minutes, hours, and days after a crash can have a significant impact on your ability to seek justice and fair compensation.

At Hulburt Law Firm, we know that the strength of a bicycle accident case often depends on one thing: evidence. Below, we’ll guide you through how to collect and preserve key evidence after a bicycle accident in San Diego—and explain why your next steps matter more than you might think.

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How Do I Prove Fault in a Bicycle Crash in San Diego?

To recover compensation after a bicycle accident, you must prove that someone else’s negligence caused your injuries. In San Diego, fault is determined based on who acted carelessly and whether that conduct directly led to the crash. Proving fault requires showing that:

1. The driver or responsible party owed you a duty of care.
   All drivers have a legal duty to operate their vehicles safely and share the road with cyclists.
2. That duty was breached.
   This could include running a red light, failing to yield, speeding, texting while driving, or opening a car door without checking for cyclists.
3. The breach caused your accident.
   You must link the negligent action to the collision and your injuries.
4. You suffered damages.
   These include medical bills, lost income, bike repairs, and pain and suffering.

To prove these elements, you’ll need strong evidence—like photos, witness statements, medical records, and possibly expert analysis.

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Because California follows comparative fault rules, your compensation could be reduced if you’re found partially at fault (e.g., not wearing a helmet or failing to signal). That’s why clear, organized evidence matters.

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Step-by-Step: How to Gather and Preserve Bicycle Accident Evidence

1. Call 911 and Request a Police Report

One of the most critical pieces of evidence is the official police report. When officers respond to a crash, they document:

• The names and contact info of drivers and witnesses
• Vehicle and bicycle positions
• Any visible injuries or property damage
• The driver’s statements (which may include admissions of fault)
• Whether any traffic laws were violated

‍Tip: Get the officer’s name and badge number, and ask how to obtain the report. Once it’s available, your attorney can use it to identify key details or challenge inaccuracies. More information on requesting a traffic collision or accident report. 

2. Take Photos and Video (If You’re Able)

If you’re physically able—and it’s safe to do so—use your phone to document the scene. Important visuals include:

• Your bicycle (before it’s moved)
• Damage to the driver’s vehicle
• Skid marks or debris on the road
• Road signs, traffic lights, and weather conditions
• Your injuries (at the scene and over time)

The more angles and context you provide, the better. Video can also capture nearby traffic patterns or driver behavior.

3. Identify and Document Witnesses

Eyewitness accounts can support your version of events and help refute inaccurate claims by the driver or insurance company. Ask any bystanders for:

• Full name
• Phone number
• Email address
• A brief statement, if they’re willing

Witnesses may move on quickly after the crash—so getting their information right away is key.

4. Seek Immediate Medical Attention

Even if you think you’re “okay,” always see a doctor after a bicycle accident. Some injuries (like concussions or internal trauma) don’t show symptoms right away.

Medical records become essential evidence of:

• The severity and cause of your injuries
• The treatment plan (and expected recovery timeline)
• The impact on your ability to work or perform daily tasks

5. Preserve Physical Evidence

If your helmet is cracked, your bike frame is bent, or your clothes are torn—don’t throw them away. These items serve as powerful physical evidence that shows how violent the impact was.

• Store damaged gear safely in a secure place
• Keep receipts for bike repairs, replacements, and gear
• Save hospital discharge papers, prescriptions, and therapy schedules

Legal Insight: Preserving any failed bicycle components is essential to pursuing a bicycle product defect claim.

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How Long Is Video Evidence Stored—And How Can You Get It?

Storage Timelines:

• Traffic and red-light camera footage: Often kept only 30–90 days
• Live traffic flow cameras: May overwrite data in 24–72 hours
• Security footage from businesses or homes: Usually stored 30–90 days

Why it matters: Valuable video evidence is frequently lost due to delays. At Hulburt Law Firm, we send immediate preservation notices to secure footage before it disappears.

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Electronic & Digital Evidence: What to Look For

Technology plays a growing role in bike crash cases. Here’s what to preserve:

• Bike computer or app data (e.g., Garmin, Strava, Wahoo): Shows speed, route, and timing
• Helmet cam or GoPro footage: May show the driver’s behavior or conditions at impact
• Vehicle dashcams (yours or others’): Often critical in disputed liability cases
• Nearby security or traffic cameras: Should be requested quickly before being overwritten

Digital files must be saved in original format—unedited and with timestamps.

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Common Mistakes Cyclists Make After a Crash

Avoid these errors to protect your case:

• Apologizing or admitting fault: Even polite words can be used against you
• Moving the bike or debris too soon: Try to document first
• Forgetting to record minor injuries: Small wounds can become major claims
• Posting about the crash on social media: These posts can be twisted by insurance companies

Do this instead: Stick to facts, focus on documentation, and talk to a lawyer before making statements.

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Step 6: Contact a Bicycle Accident Attorney

A skilled attorney can act fast to:

• Preserve video footage (from traffic cameras, businesses, or dash cams)
• Send legal notices to prevent spoliation of evidence
• Hire accident reconstruction experts, if necessary
• Build a strong, documented case for settlement or trial

At Hulburt Law Firm, we take immediate steps to protect your claim and ensure that no critical evidence is lost.

“Preserving evidence isn’t just a legal formality—it’s the foundation of justice. The sooner you act, the stronger your case will be.”— Conor Hulburt, San Diego Trial Attorney

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Don’t Let Evidence Disappear—Let Us Help

Bicycle accident evidence can fade fast. Skid marks wash away, witnesses forget, and footage is overwritten. That’s why taking the right steps—immediately and with the help of an experienced attorney—is essential.

At Hulburt Law Firm, we’re committed to protecting San Diego cyclists and helping them hold negligent drivers accountable. If you’ve been injured in a bike crash, contact us today for a free consultation.

Complete our Online Contact Form to speak with an attorney today.
Visit our Bicycle Accident Attorney page to learn more.

Because when it comes to your recovery and your rights, The Truth Demands Justice.

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Related Resources:

• Bicycle Accident Statute of Limitations in San Diego
• Bicycle Accident Settlements: What to Expect
• Do You Need a Police Report for a Bicycle Accident Claim in San Diego?