Riding a bike does not have to be a risky situation, but in some situations it can be. A bike rider stands very little chance if a vehicle hits them at a high speed. The fact is, you will likely suffer physical injury, emotional distress, and property loss. If you are in a bicycle accident, our personal injury attorneys at Vicent J. Caputo Law firm serving Chester, Delaware, Lancaster, and Montgomery Counties, can help you. We want to determine who was responsible, what all of your losses are, and who should pay for them, As an aggressive legal team, we’re here to help you every step of the way.
What to Do After a Bicycle Accident
Here’s what’s very important for many bike riders. Your first step after a bicycle accident is to file a police report after seeking emergency medical care. After this point, contact your personal injury attorney. Our team wants to help ensure that you receive fair compensation for all of your losses. Do not settle your case with the driver’s insurance company. They want you to settle too soon. It can take months for your injuries to heal and for all of your true losses to come to light. It is up to our team to help you to prove your case.
Your losses may include medical bills from your injuries, physical therapy bills, long-term rehab and care, as well as property loss for your bike and pain and suffering. Keep in mind that every situation is unique. Our skilled and aggressive personal injury attorneys in Chester County and Delaware County, PA are there to help you to learn more about each one of your options. Contact us today for a free consultation to discuss your case at length.
In Pennsylvania, children under the age of 12 are legally required to wear a helmet while riding a bicycle. The rule applies to bicycle riders and passengers, including children riding in an attached restraining seat. Under Pennsylvania law, bicyclists have the same rights and responsibilities as drivers of other motor vehicles.
Bicycle riders must ride in the right-hand lane in the same direction as the flow of traffic or as close as practical to the right-hand edge of the roadway. When overtaking a bicycle, drivers of motor vehicles must make sure that there are at least four feet of distance between the vehicle and the bicycle. Pennsylvania law also prohibits riders from operating a bike under the influence of alcohol or drugs.
Filing a Bicycle Accident Claim
Many laws might affect your claim for compensation after a bicycle accident in West Chester, Pennsylvania. These laws include:
No-fault. Pennsylvania is one of the few states that follow the no-fault insurance system. Under the no-fault system, each party involved in an accident should seek compensation through the insurance company that person possesses regardless of who was at fault for the accident.
Modified comparative negligence. Like most other states, Pennsylvania follows the doctrine of modified comparative negligence. It means that the injured party is not entitled to compensation for damages and losses if that party’s degree of fault exceeds that of the other party or parties. Thus, a bicyclist will be barred from compensation if the percentage of fault exceeds 50%.
Statute of limitations. People injured in bicycle accidents have a limited amount of time to pursue a lawsuit against the negligent party. Pennsylvania imposes a two-year limit on personal injury and wrongful death cases. The countdown to the deadline begins on the date of the accident in personal injury cases or the date of the victim’s death in wrongful death cases.