With the popularity of cycling today, more states and municipalities are focusing on making cycling culture and infrastructure safer. But even with these well-intentioned attempts, approximately 2 percent of all motor vehicle deaths are still bicyclists. While child bicycle deaths have declined over the years, fatalities among cyclists aged 20 and older have quadrupled since 1975. The reality is if you’ve been involved in a bicycle accident, you are more likely to sustain serious or even catastrophic injuries. To pay for your medical care and other expenses, you may be able to sue an at-fault driver, but proving fault and negligence can be complicated. Don’t try to navigate this on your own. Get the help of an experienced Doylestown bicycle accident lawyer.
Who Pays When You’ve Been Injured in a Bicycle Accident?
When it comes to motor vehicle accidents, Pennsylvania is considered a modified no-fault state. The first source of medical benefits after a bicycle accident involving a motor vehicle will be your own car insurance, even though you weren’t driving a car. If you don’t own a car but a family member does, their insurance policy will provide coverage up to the limits of that policy.
But if you were hit by a driver who was driving negligently, you can sue that driver for your medical costs and other damages. This will require the assistance of an experienced Doylestown bicycle accident lawyer to guide you through the system and ensure that you have enough evidence to prove the driver’s liability and support your injury claim.
Do Full Tort or Limited Tort Policy Limits Affect a Bicycle Injury Claim?
In Pennsylvania, we have two types of policies available to drivers. One is full-tort, and the other is limited tort. The choice of car insurance you purchased has a significant role in what compensation you’d be able to recover in a car accident. In a car accident, if you purchased a limited tort policy, your benefits are “limited.” You’d only be able to recover compensation for your economic damages, i.e., medical bills and quantifiable expenses unless you are seriously or permanently injured. A full tort policy would allow you to recover various economic and non-economic damages. But bicycle accidents work a little differently.
As an injured bicyclist, you aren’t bound by limited tort rules. Bicycle accident law allows you full tort coverage when you’ve been injured by a motor vehicle as a cyclist, regardless of your car insurance. If you can prove a negligent driver caused your accident, you can recover compensation through an insurance claim or bicycle accident lawsuit, including non-economic damages like pain and suffering.
Suing an At-Fault Driver After a Bicycle Accident
A negligent driver who causes an accident that results in injuries can be sued for damages by their victim. These damages can include:
- Emergency services and emergency room costs
- Hospital, surgery, and other medical treatment expenses
- Doctor fees and other medical provider fees
- Diagnostics and tests
- The cost of any necessary medical equipment
- Physical and occupational therapy costs
- Lost wages
- Personal property damages, like the cost of your bike
- Pain and suffering and emotional anguish
- Potential future medical costs
- Compensation for permanent disability or disfigurement
Although most car and bicycle accidents are typically the driver’s fault, that isn’t always the case. The success of your lawsuit will depend on whether you can prove the driver was at fault (negligent) and how much fault they were attributed in the accident.
There are specific elements to proving negligence, and each one must be proven.
- The driver owed you a duty of care. This is straightforward. Everyone on the road owes each other a duty of care, following the rules of the road so no one gets hurt.
- The driver failed to drive carefully and thereby breached their duty to you.
- This breach resulted in an accident.
- You were injured as a result of that accident and suffered damages.
But even though these seem straightforward, that’s not always the case. The insurance company can dispute the severity of your injuries. Even if you can prove negligence, your compensation may be affected by Pennsylvania’s modified comparative fault rules.
If you were found partially at fault for the accident, these rules say that you will only be able to recover damages if you were less than 50 percent at fault for the accident and only for the percentage of fault attributed to the other driver. You may not be awarded compensation if you were attributed over 50 percent fault. For instance, if you were determined to be 20 percent at fault for the accident – perhaps your bike didn’t have a light, and the driver claimed they didn’t see you – you will only recover 80 percent compensation for your injuries.
Doylestown Bicycle Accident Lawyers Dedicated to Your Success
Needless to say, bicycle injury law and successfully supporting a lawsuit can be complicated. When you’ve been injured in a bicycle accident, you need an experienced Doylestown bicycle accident lawyer to help you understand the law, prove the other party’s liability, and support the severity of your injuries. An experienced bicycle accident attorney should:
- Conduct a full investigation and collect evidence to establish negligence and the percentage of fault of both parties
- Collect evidence that supports every aspect of the injury claim
- Act on the victim’s behalf to negotiate any insurance settlements to ensure they are fair and comprehensive
- Pursue legal action against an at-fault driver when necessary
Our skilled Doylestown bicycle accident lawyers at Silver & Silver have protected injured bicyclists for over 40 years. We are dedicated to getting you the maximum compensation you deserve so you can heal and move on with your life. Call us at (610) 638-7255 or contact us through our online contact form to schedule a free consultation to discuss your case.
Disclosure:
This website is designed to provide only general information. The information presented on this website is not formal legal advice. You should not rely on any general information from any source for making legal decisions. Each legal matter is unique and requires specific attention from a qualified and experienced attorney. Unless a representation agreement has been signed with the Law Offices of Silver and Silver, we are not your legal representatives.
