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Cycling Accident Handling and Legal Knowledge: A Complete Rights Guide for Taiwanese Cyclists

挑戰心得

Staying Calm in an Accident

In the moment of a cycling accident, staying calm and following the correct procedures can significantly affect subsequent claims and legal processes. Whether it’s a minor collision or a serious accident, you need to handle it according to the proper steps.

Emergency Steps at the Scene of the Accident

The First Moments (0-5 minutes):

  1. Assess injuries: Check whether you or others are injured
  2. Call an ambulance: Dial 119 (if there are injuries)
  3. Preserve the scene: Do not move vehicles unless they pose a hazard
  4. Report to the police: Dial 110 and provide the accident location

Next (5-30 minutes):

  1. Take photos and record: Vehicle positions, road conditions, injuries, dashcam footage
  2. Obtain the other party’s information: Name, mobile number, license plate, insurance company
  3. Look for witnesses: Ask witnesses to leave their contact information
  4. Give a statement: Cooperate with the police to produce an accident report

Determining Liability

Traffic accident liability determination in Taiwan typically considers:

  • Right of way: Who has the right of way
  • Traffic violations: Whether either party committed a violation
  • Speed factors: Whether anyone was speeding or exceeding a safe speed
  • Duty of care: Whether reasonable duty of care was fulfilled

In Taiwan, bicycles are legally classified as “slow vehicles”:

  • They have the right to use the road (but must obey traffic rules)
  • They must ride on designated routes
  • Violations can result in fines
  • If they cause harm to others, they bear liability for negligence

Insurance Claims Process

Your insurance:

  • Personal accident insurance: For your own injuries or death
  • Bicycle-specific insurance: For damage to your bike

The other party’s insurance:

  • If the other party is at fault, file a claim with their compulsory automobile liability insurance
  • For amounts exceeding that coverage, file a claim with their third-party liability insurance
Misconception Correct Understanding
“If I’m not at fault, I don’t need to do anything” You still need to give a statement to protect your own rights
“We can just settle privately” For large claims, it’s advisable to go through insurance companies to avoid future disputes
“If I’m not injured, there’s no problem” Delayed pain (such as neck injuries) may only appear later
“A dashcam isn’t important” Footage is the most powerful piece of evidence in an accident

Post-Accident Medical Records

Even if you feel fine at the time, after an accident you should:

  1. Seek medical attention immediately: Go to the emergency room if you have any discomfort
  2. Keep receipts: Keep all documentation of medical expenses
  3. Record symptoms: Establish a medical history

How to Claim Compensation

If the other party is at fault:

  1. Personal injury damages: Medical expenses, nursing care costs, loss of income, compensation for emotional distress
  2. Property damages: Bicycle repair costs or compensation for depreciation
  3. Negotiation or legal action: Try negotiation first; if that fails, pursue legal channels

Preventive Measures Before Riding

The best protection is preventing accidents from happening:

  • Wear a helmet (legal obligation + life-saving)
  • Install front and rear lights
  • Install a dashcam
  • Obey traffic rules
  • Have proper insurance coverage
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