Cycling can be a fun and eco-friendly way to get around Philadelphia, but it has risks. Unfortunately, bike accidents are all too common in the city, and determining who is at fault can be complex and often contentious. You will need the help of a Philadelphia bicycle accident lawyer to ensure you receive compensation for your injuries.
While each case is unique, certain factors tend to influence the determination of fault in a bicycle accident.
Who is Liable for Bicycle Accidents in Philadelphia?
Who is Liable for Bicycle Accidents in Philadelphia?Liability is the legal responsibility for an action or event that causes harm or damage. In other words, the obligation is to make things right or compensate for any loss or harm caused. In the context of personal injury or accidents, liability refers to who is responsible for the damages, injuries, or financial losses resulting from the incident.
Determining liability for a bicycle accident in Philadelphia can be complicated, with multiple parties potentially sharing responsibility for the crash. Under Pennsylvania law, cyclists generally have the same rights and responsibilities as drivers of motor vehicles. This means cyclists must obey traffic laws, signal their intentions, and exercise reasonable care to avoid accidents.
However, drivers also must look out for cyclists and share the road safely. If a driver fails to exercise reasonable care or violates traffic laws, they could be responsible for any injuries or damages that happen as a result. Exercising reasonable care means taking precautions or behaving in a way that a sensible person would in a similar situation to avoid causing harm to others.
In some cases, other parties may also share liability, such as a pedestrian who steps into the bike lane without looking or a city agency that fails to maintain safe road conditions. Ultimately, liability in a bike accident will depend on the case’s specific circumstances, so working with an experienced attorney who can help you navigate the legal process and protect your rights is important.
How Does Pennsylvania’s No-Fault Laws Affect Your Bicycle Accident Claim in Philly?
There are many ways your insurance will cover a bicycle accident in Philadelphia.
Limited Tort Coverage
The no-fault system typically applies to motor vehicle accidents, providing insurance coverage for medical expenses and lost wages regardless of who caused the accident. However, this coverage may not extend to bicyclists unless they have an auto insurance policy that includes personal injury protection (PIP).
While no-fault laws limit the ability to sue for damages resulting from car accidents, there are exceptions for serious injuries. Suppose a bicyclist sustains severe injuries such as permanent disfigurement, impairment, or substantial medical expenses exceeding the threshold set by state law. They may claim against the at-fault party’s insurance company in that case.
Comparative Negligence
Pennsylvania follows a comparative negligence system, meaning fault is divided among parties involved in an accident. If a bicyclist is found partially at fault for the accident, their recovery may be reduced by their percentage of fault. However, under Pennsylvania law, if bicyclists are deemed more than 50% at fault for the accident, they may be barred from recovering damages.
Uninsured/Underinsured Motorist Coverage
Bicyclists may also be covered by uninsured/underinsured motorist (UM/UIM) insurance if they have it as part of their auto insurance policy or if a household member has such coverage. This coverage can help compensate for injuries and damages if the at-fault driver lacks adequate insurance or is uninsured.
Understanding how Pennsylvania’s no-fault laws intersect with bicycle accident claims is essential for protecting your rights and seeking fair compensation in the event of an accident.
Steps to Prove Negligence from a Bike Crash in Philadelphia
To prove negligence, you have to demonstrate that the other party owed you a duty of care, breached that duty through their actions or inactions, and, as a result, caused your injuries. For example, if a driver fails to yield to a bicyclist at an intersection, resulting in a collision, they may be considered negligent.
The aftermath of a bicycle crash in Philadelphia can be complicated. Still, by following these steps, you can effectively build a case to prove negligence and seek compensation for your injuries and damages:
- Document Injuries: Seek medical attention immediately and keep records of all medical treatments, including doctor’s visits, prescriptions, and medical bills. This documentation will help establish the extent of your injuries resulting from the accident.
- Obtain a Police Report: Contact the police to file a report of the accident. Please obtain a copy of the police report, as it may contain important details and statements from witnesses that can support your claim.
- Gather Evidence: Collect as much evidence as possible from the accident scene, including photographs of the vehicles involved, road conditions, traffic signs, and visible injuries.
- Compile Witness Testimonies: Obtain statements from witnesses who observed the accident and can testify to the events leading up to it. Witness testimonies can support your claim and help establish the other party’s negligence.
- Preserve Physical Evidence: Preserve any physical evidence from the accident, such as damaged bicycle parts, torn clothing, or skid marks on the road. These items can provide valuable insight into the circumstances of the crash.
- Consult with an Attorney: Seek legal advice from a personal injury attorney experienced in handling bicycle accident cases in Philadelphia. An attorney can help you understand your rights, evaluate the strength of your case, and guide you through the legal process.
- Negotiate with Insurance Companies: Work with your attorney to negotiate with insurance companies involved in the case. Be cautious when communicating with insurance adjusters, and avoid accepting settlement offers without consulting your attorney first.
- File a Lawsuit if Necessary: If negotiations with insurance companies fail to result in a satisfactory resolution, you may need to file a lawsuit to seek compensation for your injuries and damages. Your attorney can represent you in court and advocate for your rights throughout the litigation process.
Contact a Skilled Philadelphia Bicycle Accident Lawyer at Munley Law
If you’ve been hurt in a bike accident, don’t worry – we’re here to help. Munley Law’s team of bike accident lawyers is ready to fight for you and make sure you get the compensation you deserve for your injuries. We’ll look into the details of your case, figure out who’s responsible, and work hard to get you the money you need to cover your bills now and in the future. And if we need to go to court, we’ll be there for you every step of the way.
Contact our personal injury lawyers at Munley Law today for a free consultation.
Munley Law Personal Injury Attorneys
1617 John F Kennedy Blvd
Suite 1690,
Philadelphia, PA 19103
(215) 515-7747
