Bicycle accidents are common in Pennsylvania, and victims can sustain life-altering injuries, especially when a motor vehicle is involved, due to the size and weight of the vehicle and the lack of protection afforded to those riding bicycles on public roads. After a bicycle accident, determining how you will be compensated for your injuries and other losses can be difficult. However, the right PA bicycle accident lawyer can assist you in obtaining the compensation to which you are entitled following an accident.
At the law offices of Brandon J. Broderick, we take pride in providing straightforward, trustworthy legal representation to our clients. We will conduct a comprehensive investigation, communicate with the insurance company, and build a solid case on your behalf. Put our experience to work for you so that you can concentrate on your healing and recovery.
When you retain the services of a PA bicycle accident lawyer from Brandon J. Broderick, you can rest assured that we will do everything possible to secure the most favorable outcome for your case. If you do not file a claim, your insurer may offer you little compensation for your bicycle accident and may even refuse to cover some of your losses. It is possible that you will incur out-of-pocket expenses for your injuries. If you contact us immediately, we can assist you in recovering from this setback.
We assure you that we will diligently pursue justice and the compensation to which you are entitled. We have assisted a number of people in your position through difficult circumstances that were not their fault. You can contact us at (877) 941-2767.
Learn about the basics of filing a claim and the law surrounding bicycle accidents in Pennsylvania below.
- I Was Involved in a Bicycle Accident in Pennsylvania; Do I Need a Lawyer?
- Injuries Sustained Most Often in Bicycle Accidents
- Frequent Bicycle Accident Causes
- A Negligent Driver Caused my PA Bicycle Accident
- Compensation for a Bicycle Accident
- The Deadline to File a Bicycle Accident Claim in Pennsylvania
- What to Do Immediately After a Bicycle Accident
- Frequent Questions Regarding Bicycle Accidents
- The Team at Brandon J. Broderick Is Ready to Help You Today
I WAS INVOLVED IN A BICYCLE ACCIDENT IN PENNSYLVANIA; DO I NEED A LAWYER?
If you were injured in a bicycle accident that you believe was caused by the negligence of another party, consult with a bicycle accident attorney about your legal options. In addition to the difficulties associated with physical rehabilitation, victims of severe injuries face a long list of complications, including rising medical costs, income loss, and mental anguish. Following an accident, an experienced personal injury attorney can help you build a strong case for compensation.
Let Brandon J. Broderick, attorney at law, handle the case preparation so you can concentrate on getting better. We will collect evidence, conduct witness interviews, consult with experts, and negotiate with insurance companies. Our bicycle accident attorneys in Pennsylvania are available to assist you in obtaining the compensation you need and deserve. We will stand by your side and do everything in our power to protect your rights. If an equitable settlement cannot be reached through negotiation, we will not hesitate to proceed to court and win.
Immediately following an accident, insurance companies might exert pressure on you to reach a settlement. However, accepting this initial offer may limit your ability to pursue additional compensation and leave you responsible for ongoing medical expenses and other unaccounted-for costs.
Unless we win or settle your case, you will not be required to pay for our services. Essentially, if you lose, you will not receive a bill from us. If you are interested in discussing your situation and all available legal options, please schedule a free consultation with one of our lawyers.
INJURIES SUSTAINED MOST OFTEN IN BICYCLE ACCIDENTS
While riding a bicycle outside gives you a sense of freedom, it also increases your risk of being involved in an accident. Even though minor injuries such as scrapes and bruises are possible, there is also a chance of more severe or even fatal injuries. Head injuries, bone fractures, spinal cord injuries, and soft-tissue injuries are examples of more severe injuries.
Head and Brain Injuries
Head and neck injuries are among the most severe injuries that can result from a collision between a bicycle and a motor vehicle. Traumatic brain injuries are one type of head injury that can result in permanent disability or concussion. Occasionally, the symptoms of a concussion are not always obvious, and the individual experiencing them may not realize anything is wrong until a considerable amount of time has passed. The use of a helmet is strongly advised to prevent head injuries.
Lower Body Injuries
In the event of a collision involving a cyclist, injuries to the lower extremities are common. Bone fractures, crushed limbs, and soft tissue injuries, including torn tendons and ligaments, are examples of lower body injuries that can be extremely costly and require extensive treatment to recover from.
Damage to the Spinal Cord
A spinal injury occurs when the spinal cord is damaged by direct contact with an external force, which could result in paralysis, tetraplegia, or even quadriplegia. A spinal injury is extremely difficult to treat and may be irreversible, necessitating multiple operations and lifelong care.
Call us immediately for a free consultation with an attorney who can assist you if you or a loved one has been involved in a serious bicycle accident in Pennsylvania.
FREQUENT BICYCLE ACCIDENT CAUSES
When a car collides with a cyclist, the driver of the car is almost always negligent and at fault. Roadways that are hazardous or poorly maintained are an additional possible explanation or contributing factor. After being struck by a car or other vehicle, a cyclist typically suffers severe injuries in one of three situations.
Left-Hand Turns
Over a third of traffic incidents involving cyclists and motorists occur at intersections. A cyclist approaching in a bike lane or on the shoulder may go unnoticed if the driver is preoccupied with something else or otherwise not paying attention. Crossing lanes of traffic to access the left-turn lane can be dangerous for cyclists.
Right-Hand Turns
As with left-hand turns, a right-hand turn can be fatal if the driver fails to notice a cyclist approaching from behind. A car that is turning right may strike a bicycle traveling on the right side of the road. If the driver doesn't check his or her blind spot before turning, there is a chance of a collision between the car and the bicycle.
"Dooring"
When a cyclist collides with an opening automobile door, this is known as "dooring." When a vehicle is parked on the side of a city street, it is possible for a cyclist to collide with the door, be thrown from their bicycle, and suffer serious injuries. Before exiting a vehicle, drivers and passengers must check their surroundings for the presence of cyclists.
A NEGLIGENT DRIVER CAUSED MY PA BICYCLE ACCIDENT
When a bicyclist is involved in an accident, it is typically due to the negligence of a motorist. Every time you get behind the wheel, keep in mind that you have a "duty of care" toward other motorists, passengers, cyclists, and pedestrians. Drivers are required to exercise reasonable care when operating a motor vehicle; if they fail to do so and cause an accident that results in injuries, they may be held liable for the victim's damages.
The following are examples of negligent driving that could have caused an accident:
- Driving under the influence
- Driving while distracted
- Speeding
- Failure to give cyclists the right of way
- Ignoring traffic signs such as speed limits and stop signs
- Driving aggressively
In order to establish negligence in a Pennsylvania accident case, the following four elements must be proven:
- Duty: One party (the defendant) has a responsibility to another party (the plaintiff) in the form of a duty. Generally speaking, the obligation is owed to anyone who might be injured by the defendant's actions.
- Breach: By failing to act appropriately, the defendant has failed this "duty" obligation. An example of this may be not following traffic laws.
- Causation: The plaintiff's injury was caused by the defendant's negligence (the driver ran a red light and injured another motorist, for example).
- Damages: Damages are awarded when a party's breach of "duty" causes injury or financial loss to another party.
Comparative Negligence in Pennsylvania Accident Cases
Pennsylvania employs a "modified comparative fault" rule when it is determined that both parties are equally at fault for an accident. In many accident cases, the jury must determine two amounts based on the evidence: the total dollar amount of the plaintiff's damages and the percentage of fault assigned to each party. The plaintiff's award of damages is reduced by an amount equal to his or her percentage of fault under the modified comparative fault rule.
Since Pennsylvania is a "modified" comparative fault state, you will not be compensated if you are found to be more than 50 percent responsible for the accident. In states with "pure" comparative fault, it is possible to recover damages even if you were more at fault than the other party. To recover damages from the negligent party in a bicycle accident in Pennsylvania, you must be less than 51 percent at fault.
However, this should not prevent you from pursuing a settlement or lawsuit for a bicycle accident. Consult with an experienced Pennsylvania bicycle accident attorney who will be able to answer any questions that you might have and discuss your legal options.
COMPENSATION FOR A BICYCLE ACCIDENT
Bicycle accident personal injury claims may include both economic and non-economic damages. Economic damages consist of measurable monetary losses, such as medical expenses and lost wages. Intangible losses, such as pain and suffering, constitute non-economic damages.
Our bicycle accident attorneys in Pennsylvania at Brandon J. Broderick, Attorney at Law diligently pursue full and just compensation for our clients. Therefore, the value of your claim will vary based on the particulars of your case as well as the severity and duration of your injuries. In the event of a severe injury, it is imperative to consider the long-term costs of medical care and their potential impact on your income.
You should be aware that only one personal injury claim is permitted per accident. Your medical prognosis following an accident may not be determined immediately; it may take weeks or even months. Consider the following questions: How long will the patient's recovery take following treatment? Is there any chance you'll need to have special medical equipment or devices installed in your house in order to get better?
Until you have a better understanding of your medical condition and outcome, it will be extremely difficult to estimate the total amount of your damages. Therefore, you should not accept the first settlement offer from an insurance company; instead, you should wait. They will not be aware of your medical prognosis, but they will attempt to settle you quickly. Do not take this action before consulting an attorney. You should not be responsible for future medical expenses or other losses.
THE DEADLINE TO FILE A BICYCLE ACCIDENT CLAIM IN PENNSYLVANIA
In Pennsylvania, the statute of limitations for seeking compensation for a bicycle accident injury is just two years from the date of the accident. This deadline means that victims may forfeit their right to compensation if legal action is not initiated by the specified date. Two years may seem like a prolonged period of time, but preparing a convincing case requires a substantial amount of time and resources. If you have suffered a serious bicycle accident injury, you should immediately contact a PA bicycle accident lawyer to initiate the legal process.
WHAT TO DO IMMEDIATELY AFTER A BICYCLE ACCIDENT
Bicycle accidents can be frightening, but it's critical to stay calm and take the necessary precautions after one to ensure your safety. The first step should be to seek medical attention. This should be your number one priority. It may take some time for the symptoms of your injuries to appear, or the shock and trauma may be dulling some of the pain. Seeking medical attention does more than just start the healing process; it also creates a record of your injuries, which can be useful in a future claim.
Following a bike accident, you should also take the following steps:
- Collect evidence. Whenever possible, collect all evidence at the scene itself. Take photographs of the scene, the vehicle, the weather, the road, and any signs or lights that may be significant. This also includes collecting the contact information of the opposing driver, any passengers, and any witnesses.
- File a police report. Under Pa. C.S.A. § 3744, the state requires drivers to report a traffic accident if there is an injury or death. In addition, filing a police report can help strengthen your case.
- Contact a Pennsylvania bicycle accident lawyer. An attorney who specializes in bicycle accidents can advise you on how to file a claim, how much compensation you are entitled to, and how to pursue damages.
- Keep copies of your bills and records. Do not lose track of your medical expenses or medical history. Include the cost of treatments, therapies, medical equipment, medications, and any additional treatment-related expenses in your claim. Keep all receipts and bills in a location that is easily accessible.
Don't wait if you've been hurt in a bicycle accident. Get in touch with us now for your free consultation. We are dedicated to helping our clients recover while we fight to protect their rights and pursue fair compensation.
FREQUENT QUESTIONS REGARDING BICYCLE ACCIDENTS
When I was injured while riding my bike, I was not wearing a helmet. Can I still file a claim?
When riding a bicycle, you should always wear a helmet to protect your head. However, if the accident was caused by the driver's negligence, you can still file a claim or lawsuit for injuries even if you were not wearing a helmet.
How much compensation does the average bicycle accident claim receive?
Depending on the particulars of your bicycle accident and injuries, you may be eligible for varying amounts of compensation. It may not be necessary to file a claim for minor injuries. For more severe injuries, such as those requiring hospitalization and resulting in wage loss, a higher claim amount may be appropriate.
How long does it typically take to file a claim after a bicycle accident?
Due to the unique nature of each claim, it is difficult to estimate the duration of the process with precision. Some claims are resolved within a few days or a few months, whereas others may take over a year. Depending on the severity of your injuries and the stakes for the defendant, the length of time required to settle a lawsuit may vary significantly.
When an accident occurs, is the cyclist ever to blame?
In certain situations, the cyclist may be at fault for the accident. As with motorists, some cyclists may be under the influence of alcohol or drugs while riding. It is also possible for cyclists to violate the law, putting themselves and others at risk and making them partially liable for any accidents that occur.
Does Pennsylvania law mandate the use of bicycle helmets?
You must wear a helmet if you're under the age of 12 and riding a bicycle, whether you're the rider or a passenger. Although cyclists older than 12 are not required to wear a helmet, it is strongly advised that they do so. According to research, wearing a helmet reduces the risk of a head injury by 85 percent.
THE TEAM AT BRANDON J. BRODERICK IS READY TO HELP YOU TODAY
We are aware that the aftermath of any accident can be extremely traumatic. Being in pain or concerned for a loved one without knowing what to do can be overwhelming. Our mission is to assist accident victims through this challenging time so they can recover and receive fair compensation.
The law office of Brandon J. Broderick is dedicated to providing each client with superior legal representation through compassion, understanding, and success. This distinguishes us as a leading firm in the state of Pennsylvania in the field of personal injury law. You can count on us to employ the most effective strategy and diligently work to improve your standard of living. This is demonstrated by our long history of success. Our attorneys have fought tirelessly on behalf of Pennsylvania bicycle accident victims for decades. We have helped clients recover compensation for injuries resulting from the carelessness or negligence of others.
Contact us today for a free evaluation and consultation of your case.