Cycling has grown in popularity across Pennsylvania, whether for commuting, exercise, or leisure. However, with increased cycling comes the unfortunate risk of accidents. Bicycle crashes can result in severe injuries, costly medical bills, and ongoing challenges for victims. If you’ve been involved in a bicycle accident in Pennsylvania, knowing the legal steps to take can protect your rights and set you on the path toward fair compensation. Here’s a comprehensive guide on what to do after a crash.

1. Prioritize Your Safety and Seek Medical Attention

The first and most important step following a bicycle accident is ensuring your safety. If you’re able, move to a safe location. Check yourself for injuries and call 911 if the accident resulted in injuries or major property damage.

Even if you feel fine, it’s important to get checked out by a medical professional. Adrenaline can mask injury symptoms, and some injuries, like concussions or internal bleeding, might not be immediately apparent. A medical report can also serve as an important piece of evidence if you pursue a legal claim later.

2. Report the Accident to Authorities

In Pennsylvania, reporting an accident is required if it involves injury, death, or major property damage. When law enforcement arrives, provide a clear and accurate statement of what happened but avoid admitting fault. The police are going to create an accident report, which will be a critical document in your legal case. Request a copy of this report as soon as it becomes available.

3. Document the Scene and Gather evidence

Evidence collection is a key step in building a strong case. If you’re physically able, document the scene thoroughly. Use your smartphone to take photos or videos of:

  • The location of the accident, including road signs, intersections, and bike lanes.
  • Damage to your bicycle and the involved vehicles.
  • Injuries sustained by you or others involved.
  • Debris, skid marks, or road hazards that may have contributed to the crash.

Additionally, gather contact details from witnesses and exchange information with the other parties involved, such as drivers. Record their names, phone numbers, license plate numbers, and insurance details. This evidence will be invaluable if you file a claim or lawsuit.

4. Understand Pennsylvania’s Comparative Negligence Laws

Pennsylvania follows a comparative negligence rule, meaning you can still receive compensation even if you were partially at fault for the accident. However, your compensation will be lowered by the shared percentage of your fault. For example, if you’re found to be 30% at fault for the crash, your total compensation will be reduced by that amount.

This makes it particularly important to avoid admitting fault at the scene and to work with an experienced personal injury lawyer who can help minimize your level of fault.

5. Consult a Bicycle Accident Attorney

While you may be tempted to handle your claim independently, hiring a qualified attorney will make a significant difference in the outcome of your case. A skilled bicycle accident attorney understands Pennsylvania’s traffic laws, insurance processes, and how to negotiate with insurers who may try to undervalue your claim.

In cases involving major injuries or disputes over fault, an attorney can help you secure compensation for:

Majority of personal injury attorneys work on a contingency fee basis, which means they get paid only if you win your case.

6. File a Claim with the Appropriate Insurance

Pennsylvania’s insurance system can be complex. If the driver who caused the accident has auto insurance, their liability coverage may cover your damages. If they are uninsured or underinsured, you may need to turn to your own health insurance or an uninsured motorist policy if you have one.

In some cases, a product defect (such as faulty brakes on your bike) or poor road maintenance may have contributed to the crash. Identifying the liable parties and filing claims accordingly is another area where an attorney can provide valuable guidance.

7. Be Mindful of Pennsylvania’s Statute of Limitations

In Pennsylvania, the statute of limitations for personal injury claims, including bicycle accidents, is typically two years from the date of the accident. If you fail to file a lawsuit within this timeframe, you can lose your right to seek compensation. To avoid this, begin the legal process as soon as possible.

8. Take Steps to Prevent Future Accidents

While not a legal step, prevention is just as important. Bicycle accidents are most often caused by distracted drivers, failure to yield, or poor road conditions. Cyclists can reduce their risk by:

  • Wearing a helmet. Although Pennsylvania only requires helmets for riders under 12, wearing one can prevent traumatic head injuries.
  • Using lights and reflective gear to enhance visibility.
  • Obeying all traffic laws and signaling turns.
  • Staying alert and avoiding distractions, such as headphones.

9. Statistical Snapshot of Bicycle Accidents in Pennsylvania

To understand the scope of the issue, consider these numbers:

  • According to the Pennsylvania Department of Transportation, there were over 800 bicycle accidents statewide in 2022, resulting in nearly 20 fatalities and hundreds of injuries.
  • Nearly 70% of bicycle accidents occur in urban areas, where traffic congestion and intersections pose significant hazards.
  • National data from the National Highway Traffic Safety Administration (NHTSA) shows that cyclists account for about 2% of all traffic fatalities.

These statistics underscore the importance of taking legal steps seriously after a crash and advocating for better cycling infrastructure and safety measures.

Conclusion

Bicycle accidents can leave victims facing physical, emotional, and financial challenges. By taking the proper legal steps, you will protect your rights and increase your chances of securing the compensation you deserve. Remember to document everything, consult an experienced attorney, and stay informed about your legal options under Pennsylvania law. With the right approach, you can navigate this difficult time and focus on your recovery.

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating Pennsylvania bicycle accident claims can be challenging. Fortunately, you don't need to do it alone. The experienced lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.

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